Any security guard, private or otherwise, can NOT ask for proof other than the placard or pull the license plate infomation and call it in. That is Federal law. The campus is in violation of the law with their current procedures.
In Canada if you are asked for the wallet size card you are given when you receive your handicapped hanger you must produce it. So many people use family members old handicap cards. You are warned in the paperwork. The police can call the office and verify.
absolutely NOT that college does not have to prove anything, he has a plaque and that should be proof enough..I have a plaque and Hanicapped license plates and that is all I need! No one better never question me, unless they want an ear full
First, I have a handicap placard. But there is so much fraud, which means a LOT of time checking if the placards are legal or not. So, I say the little sticker is a good idea, legitimate disabled/handicapped persons will not be questioned, and a lot of time will be saved for security. I'd be willing to do it.
Asking for the papers associated with the placard isn't illegal. At least here. When I get my placard renewed I get a paper registration that looks identical to a vehicle registration. On that registration paper, it even says you have to keep it with you if asked by police or parking enforcement to verify the placard. It has your name, address and DL number on it. That isn't a HIPAA violation.
I can understand why he was questioned. I've been questioned. Big deal. You show the registration, you show your DL, and in a matter of seconds it is over.
I'm sorry, but as somebody that often finds people illegally parked in handicapped spaces, I'd be HAPPY that the campus was looking out for me by finding the violators.
I sure hope he got one of those nifty stickers so he isn't "bothered" again.
I learned something from this thread. I am legally blind and have a disabled placard in California. I just went to my file and pulled out the receipt from last renewal. Attached to it was an ID card that says I have to have with me when I use the placard and that I must present it to any peace officer on demand. I've been violating the law all this time. See what happends when you don't see well. Lesson learned.
I've been reading through some of the comments. Some folks have some logical points. In MY state, a police officer can ask you for the "handicapped person ID card" that you are issued when you get the placard or license plate just to make sure you are in fact the person to whom the placard is assigned. It either has to be the disabled persons car or the person displaying it must have the disabled person in the vehicle with them. But that's where it ends. They cannot ask you to "prove" your disability or ask for any paperwork. I'm not sure if security guards are allowed to ask even for the ID. I think its just the police.
You can't just pester the disabled with random questions or demands. That clear violation of the HIPPA Agreement and the ADA. There is a list of questions you can be asked, but you are not to be asked to show medical verification of a medical condition. It's no one's business.
In any state I have lived in the police or parking employees have the right to ask for the paper that comes with the placard. It does NOT state your disability it gives your name as the rightful user. The placard does not have the persons name on it. It says right on it that by law you have to carry that letter in the vehicle to use the permit and show it when asked. People you need to find out your facts before going off that no ones got a right to ask to see it.
I'm fine with them confirming that the person using the placard is the one it's assigned to. I'm not ok with them asking for "proof of disability". All they need to confirm that it's my placard is my name (or an ID), they don't need to know what exactly my disability is.
dericdomino he just needed to prove that the placard was his. His placard came with registration paper similar to a vehicle registration paper. That's all he had to show. In many cases, placards now have a DL number on it, so he could've just showed the placard and his ID. They weren't asking him for his medical info. Just the placard registration paper.
The only thing tyrants like this know is bad publicity and loosing money. I say sue the crap out of them in court this be and easy win. So abusing people rights it’s okay guilty to proverb innocent. By the way that handicap sign giving to him by the Government is proves he is handicap.
Like a parking lot cop understands what different disabilities look like. I had a brain tumor at 34 to look at me I look perfectly fine. You just never know what someone is dealing with just by the sight of them.
Police at times have a hard job and checking things is their job after all the police officer could take the tag and the number off the tag as so many have said- and check it out as part of their job - On the other hand just ask any police this one question
Can I see your ID as I don't know you or I am not from your state and just wish to make sure you a real officer
Most will state well the laws say I don't have to show it or its policy we don't have to show you my ID
Respect come's in both directions and when people thank their GOD and you going to do as I say or - No good can come out of it at times
We need good police and good laws as well and police need our support 24-7
I am a handicapped person with a Handicap License Plate. I am required to carry a State Issued document that identifies ME as the person that is handicapped and thus authorized to use that plate - not my wife, not my children, not ANYONE ELSE!
The document does not violate my privacy nor HIPPA rights in that it does not identify the nature of my medical condition/disability! It serves to simply link my name with the license plate.
Anyone with a valid Handicap Plate or Placard should applaud the police for verifying that the operator of a car in a handicapped space is actually the person that is entitled to do so!
This school is way out of Bounds,NO ONE IS ALLOWED UNDER ADA POLICY TOO ASK TOO SEE YOUR PAPERWORK ON HOW YOU GOT YOUR PLACARD. i got a better idea for this SCHOOL, lets file a ADA Policy Law Suit againest the school for 50 Million Dollars. maybe that amount of money will make them think again about asking too see your ADA PAPERS???.
So if you are handicapped, you don't want LEOs or security to make sure you are legally using handicapped parking, but you do want them to make sure that no one illegally uses handicapped parking. I would think that you would appreciate their effort to make sure no one abuses a system you need. Time for me to return to my home planet. There's apparently no intelligent life here.
If the limitation has resolved, the placard should not be used and destroyed. If the limitation still exists, then it's valid.
Too many people, whose limitation is resolved, continue to use the issue placard.
This is why people, include me, a disabled vet, question why people with no visible disabilities use limited handicapped spots.
I'm constantly in pain when walking but I leave the few handicapped spots for the truly disabled.
Ugh. I hate to admit it but I have seen healthy non disabled people use a family members disability placards because it was closer to the door. It's so lazy and wrong to do, when real people with disabilities need it the most. They could of approached it alot better and sensitive to this man.
Amanda Torres You know this is in America, right? My privacy is protected under the constitution, and there is no "implied consent" to allow them to violate your privacy... If they do not have a publically posted policy that states that you surrender your consent to privacy by entering their property, which you sign to acknowledge, then they cannot call the DMV to ask anything.
If their private security called the DMV to ask them anything about me, and someone at the DMV was stupid enough to give out any of my personal information, I would sue the DMV and their private security firm for violating my Constitutional rights....
Just because you believe that private security should be able to call government agencies, and confirm private personal information, doesn't make it true.
Sorakiba it is private property, so they absolutely do have a right to verify through the DMV.
BTW, when you get a placard, you get a registration for the placard. THAT is the paperwork that he was asked to show (the DMV paperwork is filled out by a doctor and explains the condition requiring the placard, but the registration you're required to keep with the placard only has his name, address, and DL number on it). The campus police didn't ask for his medical records. He's making a mountain out of an ant hill.
+Gurgle Umm, I'm pretty sure that you misunderstood what I was saying... I was specific that security has no business asking about a persons actual illness... But they should be able to ask for proof of ownership of the placard...
For the record, security has no authority to call the dmv and ask them anything about a persons placard... Only law enforcement and parking enforcement has that kind of authority.
Sorakiba there is a number on the card that they can confirm with the DMV if he is the one certified to have it. You can't just ask somebody what their disability is, if its not illegal which I'm pretty sire it at least should be, its extremely rude and can be upsetting.
Do these people know all they have to call and get a name for that plcared that should be signed. Go into your computer and see if they are a student. And they are working at a learning institution. Say anything about today’s world?
If suspicious they can and should check and see if the Placard belongs to anybody that's in the car or not.I have seen alot of people park in handicap spots,get out of their automobile and move better than I can.And I'm not handicapped.
I think anyone using a handicap parking pass should have to prove they are the one the pass is for. Why not just use the pass issued for your mother, father, or brother. the handicap person has to be present when the pass is used. ......... Period.
Jill B As a volunteer with the Road Patrol that gives out tickets to violators, and as a person with a tag and placard...you really need to read the registration paper that came with your placard or tag. That is the paperwork that absolutely can be requested. Contact your local police department's non emergency line, or read the registration paper. You're supposed to keep the paper with you in case you're asked. Yes, in some cases they can verify with the DL number, but not all states do their placards the same. What is the same is the registration paper.
BTW, this is no different than a police officer asking to see your driver's license and vehicle registration when you get pulled over.
William Mills false. All placards are assigned a number and that number, when ran, identifies the owner of the placard. I'm going to suggest you read up on it yourself. You do not need to carry any paperwork on you. Your identification is enough. I and my husband have both had one. At NO TIME were we required to carry the paperwork with us. That number is enough to verify who the placard belongs to.
Jill B actually yes they do. You really need to read up on the disablrd placard and the accompanying paperwork that clearly states this document must be carried at all times and MUST BE PRESENTED to law enforcement or other entities upon request to prove entitlement to said placard.
shay warrior all they have to do is run the number on the placard and it should come back registered to the driver. The driver doesn't have to prove anything. The police officers do. It is also against the law for them to request corresponding paperwork, as it contains personal medical information that they don't have a legal right to. My husband and I both had them for a short time.
They absolutely can. You're on private property. They have their own group of police/security.
You realize all he had to do was take his placard's registration paper (which only has his name, address and DL number on it - nothing about his disability) and his identification to the security office to get a sticker from them.
The local campuses here don't offer that, so they're actually doing a great job.
They weren't asking for proof of disability, they just needed to see the registration that is required to be shown to anybody asking to see it.
Besides, if they can write tickets...they absolutely do have authority over the parking spaces.
The chair of police is a freaking moron. The Texas Transportation Code does not give the police the right to ask a person to see their paperwork stating what their disability is. This paperwork is required to be shown when the person is issued the placard. Obviously this chief of police needs to go back and get recertified as a peace officer in Texas.
Exactly! My placard has part of my D/L number on it. Any law enforcement officer could easily satisfy themselves it's a valid placard issued to me by asking to see my D/L; no need to even call the DMV about it.
tourette hero it really is frustrating to see so many people having no clue, or wanting to blame the campus for just following the laws. Everything is written on the paperwork and on the placard itself. I read everything when I got my first placard, then when I got my tag, and I read everything on the registration each time it gets renewed in case any laws have changed. Oh, and I volunteer with the police department's handicapped parking patrol! I wish I knew about them earlier! :)
It is nice to see that you are knowledgeable as well! I hope you're doing well. 😊👍
Sorry, you're wrong. When you get a placard, you also get a "placard registration" just like a vehicle registration. *That* is the paperwork you're required to show. It even says so on the registration!
They didn't ask what his disability was. He's making a mountain out of an ant hill.
Asking about the disability is wrong... But did you hear him mention they requested the corresponding paper that goes with the placard? Thats perfectly acceptable. Since school security writes tickets for parking violations on campus, what they did is perfectly legal (outside of asking for proof of disability).
You people keep spouting state law the ADA. Is FEDERAL , MY WIFE IS DISABLED and I have worked in LE for almost 40 years.
They under federal law can only ask to see your DL, to make sure you are the person. The placard is issued to.