ADA Placard Valid But Not Visible — Reasonable Accommodation Defense
Code of Ala. §32-6-230 et seq. governs disability parking. To park in a designated accessible space, a vehicle must display a valid disability placard, a disability license plate, or a disabled veteran plate. However, when a citation is issued for a placard-displayed-but-not-visible (e.g., placard slipped off mirror, fell to seat, or was face-down), Alabama courts and city hearing officers routinely dismiss the citation upon proof that a valid placard existed at the time. Additionally, ADA Title II requires reasonable accommodation in administrative procedures, including a meaningful opportunity to present such proof. Birmingham, Huntsville, Mobile and Montgomery hearing officers all accept post-citation production of a valid placard as a defense.
Legal basis
Code of Ala. §32-6-230, §32-6-231, §32-6-232 (disability parking); 28 C.F.R. §35.130 (ADA Title II reasonable accommodation)
Sample appeal wording
TO: [CITY] Parking Violations Bureau RE: Citation [CITATION_NUMBER] — Code of Ala. §32-6-230 Dear Hearing Officer, I am contesting the above ADA parking citation issued [DATE] at [LOCATION]. I hold a valid Alabama Disability Parking Placard, number [PLACARD_NUMBER], expiring [EXPIRY_DATE]. A copy is enclosed. The placard was active and lawfully held on the citation date. At the time of the citation, the placard had [slipped from the mirror / fallen to the dashboard / flipped face-down]. I displayed it visibly upon return to the vehicle. The accessible space was used by a person to whom Alabama law expressly grants the right to use it. The ADA, Title II (28 C.F.R. §35.130), requires the City to make reasonable accommodation in its enforcement programs for persons with disabilities. Issuing a fine for a momentary display issue, when the underlying right to park there is undisputed, defeats the very purpose of §32-6-230. I respectfully request the citation be dismissed. Enclosures: copy of placard, registration record [NAME, ADDRESS, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Code of Alabama §32-6-230 through §32-6-237
- ADA Title II, 28 C.F.R. Part 35