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Improper Enforcement of ADA Parking – La. R.S. §46:1953

Louisiana ADA parking is governed primarily by La. R.S. §46:1951–1958 (mobility-impaired persons) and La. R.S. §32:1310 (when applicable). A holder of a valid Louisiana mobility-impaired hang tag or special license plate may park free of charge at any metered space for the maximum metered period plus reasonable extensions, and may use designated accessible spaces statewide regardless of the issuing state. Citations are routinely written against valid out-of-state placards, expired placards being renewed, or in spaces where the access aisle was blocked by a different vehicle.

Legal basis

La. R.S. §46:1951–1958; La. R.S. §32:1310; 28 C.F.R. Part 35–36 (ADA implementing regs); 49 U.S.C. §41705

Sample appeal wording

Central Adjudication Bureau / [PARISH] Court Re: Citation [CITATION_NUMBER] – ADA / Mobility-Impaired Parking CONTEST – VALID DISABILITY CREDENTIAL I hold valid Louisiana Mobility-Impaired Hang Tag No. [PLACARD#] (or [STATE] equivalent recognised under La. R.S. §46:1955 reciprocity), expiring [DATE]. The placard was properly displayed from the rearview mirror at the time of citation as required by La. R.S. §46:1953. A photograph taken at [TIME] on [DATE] is enclosed. Under La. R.S. §46:1953, holders may park without paying meter fees and beyond posted time limits, and use any designated accessible space. The citation [DESCRIBE_REASON, e.g. 'meter expired' / 'over time limit' / 'accessible space without LA placard'] is therefore invalid as a matter of law. Further, the federal Americans with Disabilities Act (28 C.F.R. §35.130) prohibits municipalities from imposing surcharges that have the effect of denying equal access to people with disabilities. Enforcement of a meter expiration against a placard holder is exactly such a surcharge. I request immediate dismissal and a refund of any amount already paid under protest. [NAME] | [ADDRESS] | [PHONE] | [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • La. R.S. §46:1951–1958
  • La. R.S. §32:1310
  • Americans with Disabilities Act, 28 C.F.R. Parts 35–36
  • Louisiana OMV Mobility Impaired Hang Tag program

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