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In my previous post, I described how “The Reserve at Renton” has been accused of being too quick to tow resident’s and customers vehicles away. This includes vehicles that are legally displaying the state disabled parking permit but do not also have a special “Reserve at Renton” issued parking permit. Disabled residents have reported paying between $500 – $900 to retrieve their towed vehicles.
A quick review of the State’s website says any person who meets the criteria for disabled parking must be allowed to use the parking free of charge, without time restrictions (except in the case of certain on-street parking). Hence, it’s not surprising that disabled motorists are taken by surprise when their cars are towed away by the “Reserve at Renton.” I’m not an attorney, so I’m not going to opine on the legality of this, but I think it is very confusing, and I think residents cars should not have been towed without warning if they had a valid ADA permit. Here is the wording in state law, which can be found here. (The exceptions mentioned are for on-street parking or fraudulent use of credentials, and don’t apply in this case).
RCW 46.61.582
Free parking for persons with disabilities—Exceptions.
(1) Any person who meets the criteria for special parking privileges under RCW 46.19.010 must be allowed free of charge to park a vehicle being used to transport the holder of such special parking privileges for unlimited periods of time in parking zones or areas, including zones or areas with parking meters that are otherwise restricted as to the length of time parking is permitted, except zones in which parking is limited pursuant to RCW 46.19.050(5). The person must obtain and display a parking placard or special license plate under RCW 46.19.010 and 46.19.030 to be eligible for the privileges under this section.
(2) This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or that are reserved for special types of vehicles.
Screenshot from State Law
Cars transporting disabled residents and customers, in front of a storefront in the Reserve at Renton apartment building. Parking spots are marked per state law, but with an additional “Parking by Permit Only” towing sign on the bricks.
“Parking by Permit Only” sign does not make it clear their permit is additional to State Disabled Permit; and I’m not sure if this is legal anyways for ADA parking required by the building permit
Double-permits hang in this car window as resident works to comply with apartment policy
This aspect doesn’t apply to private parking. For example, ADA placarded cards still have to pay for parking on private lots if the owner choses too.
Anything else would be mayhem, as there’s already enough ADA scammers, and free paid parking would really sweeten the pot.
Thanks for the input Anonymous. But do you know if this is the case even for required disabled parking spots? These ADA spots were part of the building approval, so it’s not like this is a for-profit parking lot. The state law seems pretty clear.
It’s also not clear to me how a disabled motorist going to the Salon would be expected to park, then figure out where to go to acquire the special permit, and then return with it to put it on their dash before going to the salon. Some disabled motorists would more likely look for an unmarked space in the Fred Meyer Parking lot, and take their chances traversing the parking lot. It feels like this set-up would violate the spirit of the state accessibility law, if not the letter of the law.
The land under the parking is still private even if the parking was mandated by the city for permit approval. Nothing prohibits an owner from charging a hourly fee for example.
Heck, the Landing thinks it has jurisdiction over the city -taxpayer-paid parking lot, but that’s a different issues.
If there is a gotcha…. I really think the sign isn’t adequate notice. The text it probably too small for example .
Anonymous, I appreciate your helping me explore this. I just looked at the proceeding section of the state law, and it includes this language which really looks like the Reserve should not be inhibiting the use of these parking spots by their visitors:
“Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.”
I found these seemingly clear instructions from Department of Licensing. (There aren’t any footnotes saying drivers should look for tow signs with additional requirements.)
“Where to park using your placard, plate, decal or tab
You can park:
On the street, for free, in any parking space that is time restricted (including metered parking). This doesn’t apply to privately-owned parking lots or areas reserved for special types of vehicles (fire lanes, loading zones, etc.).
In any specially-designated disabled parking space.
Van-accessible spaces are designed for use by wheelchair vans. Use them only if you drive a wheelchair van or no other disabled parking spaces are available.”
I am still suspicious of the arrangement that the Reserve has with Lynn’s towing in Kent. To arrive within a few minutes of supposed infraction of the rules? Something stinks. I reviewed the website of Lynn’s and found more than a few complaints about hours the place is open to get your car back, the fees being outrageous for not just regular towing but for the off regular hours cost of getting your car back and overall conduct of the office staff. I’m curious if there is a history of this company towing seniors or people who speak English as a second language. The law needs to tighten up what these companies can get away with.
At tonight’s Council meeting, I was a little surprised no spoke about the Reserve issue. Does anyone know of any update?