Traffic Control Device -1117 Roosevelt St.

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DEPARTMENT OF LAW 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 MEMORANDUM TO: Board of Public Works FROM: Aladean DeRose AMD City Attorney & ADA/Title VI Coordinator DATE: February 17, 2021 Re: Review of Denial of Residential Parking Permit An application for a residential disability parking permit was submitted by the owner of 1117 South Roosevelt Street in December 2020. Permission for the permit was denied by the Board at its meeting on January 12, 2021 at the recommendation of the City Engineering Office. Denial was based upon Chapter 20, Article 9, Section 20-113.1(3) which limits the number of reserved parking areas to “a total of two spaces on each side of any one City block.” The uneven numbered side of the 1100 block of South Roosevelt Street has two existing permits, one at 1109 and the other at 1133. At its meeting on January 12, 2021, the Board recommended denial of the application based on the City Engineering Office’s recommendation but subject to final review and recommendation of the City’s ADA/Title VI Coordinator to whom the issue was referred. As ADA/Title VI Coordinator for the City, and having reviewed the facts, circumstances, and law relevant to this application, I recommend that a permit be granted to this applicant. My opinion is based upon the following factors: 1. The Law. “Title II of the Americans With Disabilities Act (ADA) provides generally that covered entities, [including cities], must ensure that their programs are accessible and usable by persons with disabilities. On street parking is a service offered to everybody; therefore, it must be ensured that there is accessible on street parking.” (Massachusetts Office on Disability, “Accessible On-Street Parking.”) However, neither Title II itself nor the Regulations provided by the Department of Justice contain any rules or guidelines for “accessible” residential street parking; currently it is a subject not covered by statute, regulation, or judicial decision. The ADA regulations for parking lots require that for every 25 parking spaces there must be at least one accessible parking space (which must be van accessible). However, these parking lot regulations apply to commercial, retail, professional, recreational and governmental facilities, not residential, and therefore rely on the statistical likelihood that out of 25 drivers, at least one will be mobility impaired at any given time. In the residential context, the statistical proportionality is not relevant as there may be neighborhoods where a greater number of elderly or otherwise likely mobility impaired persons live.