Alaska ADA Placard / Plate Recognition Defense
Under AS 28.35.100-28.35.110 and 28 CFR 36.302 (ADA), valid disability placards or plates from ANY state must be honored in Alaska. Parking enforcement officers occasionally cite vehicles displaying valid out-of-state disability credentials, especially during the heavy summer tourist season when Alaska sees significant cruise/RV traffic. ADA preempts conflicting state/municipal law. Additionally, ADA-mandated accessible parking spaces must comply with ADAAG (van-accessible width 96+ inches, access aisle 96 inches). If the space did not meet ADAAG, it is not a valid accessible space.
Legal basis
AS 28.35.100-28.35.110; ADA Title II (28 CFR Part 35 — public services) and Title III (28 CFR Part 36 — public accommodations); ADAAG 2010 Standards §502; AS 18.80.255 (Alaska Human Rights — disability)
Sample appeal wording
Anchorage Parking Enforcement / [APPROPRIATE_AUTHORITY]\nRe: Citation #[CITATION_NUMBER] — ADA Defense\n\nDear Hearing Officer,\n\nI contest this citation on ADA grounds. At the time of the alleged violation, my vehicle prominently displayed a valid disability parking placard/plate issued by [STATE], registered to [NAME] (Exhibit A — placard registration document).\n\nUnder Alaska Statute 28.35.100 and the Americans with Disabilities Act (28 CFR Part 35), valid disability parking credentials from any state must be recognized. The citing officer either (a) failed to observe the displayed placard or (b) cited despite seeing it, in violation of state and federal law.\n\nEnclosed:\n1. Photo of placard displayed in vehicle on [DATE] (Exhibit A)\n2. Placard registration document (Exhibit B)\n3. Photo of vehicle in space showing placard from outside (Exhibit C)\n\nI respectfully request dismissal.\n\n[NAME]\n[CONTACT]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- AS 28.35.100-110
- ADA — 28 CFR Part 35, Part 36
- ADAAG 2010 §502