Toe photo doesn't save motorist from parking fine

Apr. 18—NEWBURYPORT — When City Clerk Richard Jones recently received a photo of a man with a partially amputated left toe, little did he know it would open the door to a larger debate about how much the city fines motorists for illegally parking in a handicap-only spot.

On Jan. 1, the penalty for parking in a municipal handicap spot without a placard jumped to $300, up $100 from the previous year. The change was formalized roughly nine months ago after City Council approval.

Jones, who also also functions as the city's parking clerk, said he recently received an email from a motorist upset about being hit with the $300 fine after illegally parking in a Pleasant Street handicap spot.

The unhappy motorist also sent along photos of his semi-missing toe in, what Jones said was, an attempt to justify his parking decision.

"It looks like he took the picture in the hospital, right after he had surgery," Jones said. "I think he left the hospital thinking he could park in handicap spaces. But you can't do that without a placard. The law is pretty clear."

The city has roughly a half dozen handicap parking spaces located on downtown streets, according to Jones, who added there is also one for every 25 spots in municipal parking lots.

"Parking is at such a premium in the downtown, when you put in a handicap parking space, it's not used 24/7. So it takes a space off the grid," Jones said.

The Registry of Motor Vehicles issues handicap parking placards and license plates, according to Jones, who added the state allows very little latitude when it comes to fighting violations. That left Jones in the unenviable position of having to stand his ground in terms of appeasing the annoyed motorist.

Ward 2 City Councilor Jennie Donahue, who also serves as the council's liaison to the Commission on Disabilities, said she also heard about the man's complaint and the photos.

According to Donahue, the motorist is arguing that he applied for a placard and should be allowed to park in a handicap spot while waiting for it.

But just because the man expects to receive a placard that doesn't cover a current violation, she countered.

"The laws apply to everybody and there's really no wiggle room to that," she said. "You can't really wave a fine if someone's going to have a placard in the future."

Jones added that many people try to illegally use the downtown handicap parking spaces as a pickup and drop-off location.

"If you talk to anyone who is truly handicapped, you will hear that's not a valid excuse," he said. "Because, if someone's in that space, they don't pull up and ask them to use it. They just drive on and don't get a space."

Donahue, who is blind, said there are a tremendous amount of misconceptions when it comes to handicap parking and many disabled people often don't know if they are, or are not breaking the law.

"People need to understand that it is never OK to take that handicap spot without a permitted placard or plate. And, if you do, you're going to be subject to a fine," she said.

Jones said he has received plenty of complaints from people who have been hit with parking tickets, ever since the fine increase.

"It would be disingenuous for me not to say the new fee has increased complaints," he said.

He also said he has heard rumblings from some that there may be a movement to kick the illegal handicap parking fines back down to $200.

"In my opinion, the $200 fine should be sufficient," he said. "The $300 fine is shocking to some people. But, to be fair, there are a number of communities at $300 or even higher. But they tend to be near Boston."

Donahue said she's in favor of the $300 fine.

"Typically, you don't go backwards when it comes to anything to do with the Americans with Disabilities Act," she said.

With handicap parking abuse so common in the state, Donahue said more communities will be adopting larger fines to combat the problem.

"No one can really not bat an eye at $300," she said. "But that's the idea and people don't pay attention to the signs. Then they feel entitled to a break."

Donahue also said she could see a system put in place in the future that would allow the Commission on Disabilities to hear from people who believe they were unjustly fined and make a recommendation to the city clerk's office after that.

Staff writer Jim Sullivan covers Newburyport for The Daily News. He can be reached via email at jsullivan@newburyportnews.com or by phone at 978-961-3145. Follow him on Twitter @ndnsully.

Staff writer Jim Sullivan covers Newburyport for The Daily News. He can be reached via email at jsullivan@newburyportnews.com or by phone at 978-961-3145. Follow him on Twitter @ndnsully.

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