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Hey, A**hole! Yeah, you. The jerk who owns the motorcycle with Colorado license plate OSK-069

You know who you are! Yesterday, January 26, 2020, at approximately 2:00 PM at the parking lot at 14th St. and Market Street at least until approximately 5:30 PM.

It may very well be that such language in the title of this blog is unbecoming of the Legal Program Director of a statewide well-established and highly regarded disability rights organization, but, frankly, OSK 069, I don’t give a damn. In this day and age, this seems to be the way people communicate.

So what part of the driver’s exam did you not understand? Yellow crosshatched areas mean, “NO PARKING!”

Picture of motorcycle parked in yellow crosshatched access aisle Picture of motorcycle parked in yellow crosshatched access aisle adjacent to accessible parking space

“It shall be unlawful for any vehicle to park in any area designated for loading and unloading of a vehicle designed for the mobility impaired by pavement markings such as cross-hatching or by other indication. These areas are access aisles and parking by any vehicle is prohibited at all times.”

Denv. Mun. Ord. § 54-485(i).

For those of us who use wheelchairs and who drive vans with sideloading wheelchair lifts or wheelchair ramps, this has become an increasingly common problem: crosshatched access aisles are there for a reason. You know it. Stop acting stupid. This is not motorcycle parking. This is not an accessible parking space. This is an access aisle adjacent to and accessible parking space that is required by law under the Americans with Disabilities Act as well as state law and Denver ordinances. It is there for a purpose. It allows those of us who use wheelchairs who must strive vehicles with wheelchair lifts or wheelchair ramps to have enough space to get in and out of our vehicles.

You knew when you parked your motorcycle in that crosshatched aisle that it was not a parking space. You knew when you parked your motorcycle and that crosshatched aisle that it was illegal. You knew when you parked your motorcycle in that crosshatched aisle you were going to deny somebody who uses a wheelchair access to parking in downtown Denver. You just didn’t care! What kind of person are you? Why is your life more important than mine? Why do you get to enjoy the company of your friends downtown and I don’t? You blocked access to the only place I had anywhere close to where I wanted to go to be able to park. Do you hate people who use wheelchairs? Or are you just an a**hole? You are lucky that people wheelchairs are strong enough to knock your stupid motorcycle over.

Although I was just trying to spend a little time with some friends downtown probably just like you, you made it extremely difficult to do so. Parking for those of us who drive vehicles with sideloading wheelchair lifts or wheelchair ramps is extremely limited. Especially downtown. With the advent of bike lanes that make it virtually impossible to park on the right side of the road (which is absolutely necessary for these kinds of vans) on many of Denver’s streets (an issue that we will be taking on as well because we have no choice), street parking has become almost nonexistent. For many of us, parking garages are very difficult to use because you have to be able to reach out of your vehicle and grab a ticket out of a machine that most of us cannot reach. Therefore, parking garages are off-limits. Surface level parking lots are disappearing as more and more buildings are being constructed. That means all that is left are the handful of surface-level parking lots that still exist. But because you are more important than me, I guess you are entitled to completely disregard the civil rights of people with disabilities.

Oh sure. The Denver ordinances give me options for addressing the issue. For example, I could have spent the couple of hours I had to spend with my friends I had not seen in a long time calling the Denver police. Then I could’ve waited for the Denver police to show up. Then we would’ve had to talk over what the problem was. Then, as usually happens, I would have to show them that they do, in fact, have the right to enforce parking violations on private property. Then, they might issue a ticket or tow you out of the space, but how much of the few hours that I had to spend my friends with this have consumed? Is this the way you wanted to spend your day in downtown Denver? Why should I have to?

But why should you care? You don’t have a disability. You don’t have to drive all over downtown circling the place it is you want to go to over and over again to try to find someplace to let your wheelchair lift or wheelchair ramp down.

No. You just hop on your motorcycle and ride baby ride! And apparently you park wherever you damned well feel like it.

Truth be told, you might have a much better understanding of this issue in the not-to-distant future. In a 2014 study published by the National Spinal Cord Injury Statistical Center, motorcycle accidents were the fifth leading cause of spinal court injury. So, who knows? You might have a much clearer understanding of the issue sometime in the near future. Maybe then you’ll care. Until then, kindly please stop screwing up my weekends. I really appreciate it.

And finally, was that a parking ticket I noticed on your motorcycle when I left? I wonder how that happened.

Kindly please, think before you park, A**hole!

UPDATE!!

 

As you will see above, the Denver Municipal Ordinances specifically prohibit vehicles from parking in crosshatched areas. This one is really amazing! (1) it is a Denver police car in the crosshatched zone; (2) it is at CCDC’s office building; (3) that is my van immediately to the left of it, and my ramp unfolds exactly where that police car is parked. The municipal ordinances require calling the police when people park in the spaces. The problem is, of course, very few of us have time to wait for the police to come and deal with the issue. My van cannot be driven by someone else. There is no driver seat, and I have very expensive and technical equipment that I would only want someone who was specifically trained on it to drive it. Therefore, simply backing it out is not an option although everyone always asks me this rather than moving the car out of the illegally parked loading zone.

I had lengthy discussions with our management company to request that they install appropriate accessible parking throughout our building complex and install signs that are also referenced in the Denver Municipal Ordinances that say that there should be a sign posted at the front of the access aisle stating exactly what the sign states.

There is a “loading zone” directly on the other side of the overhang to the entrance of the building. When you look at the picture, you’ll notice that no one is parked there. When I use the seemingly unlawyerly language in the caption of my post, I never thought I would have to apply it to those who are supposed to be enforcing the law I was complaining about.

I guess the guy on the motorcycle was just following an example.

 

 


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