Why is it getting harder to find handicapped parking in NJ?

Scott Chesney just needed a few things from Walgreens.

But with snow plowed into the store's only two handicapped-accessible spaces, the Verona resident, who is paralyzed and uses a wheelchair, had nowhere to park.

This was not an isolated incident, said Chesney. He and other advocates say parking for individuals with disabilities is becoming increasingly scarce, making everyday tasks like buying groceries, grabbing a sandwich from the deli or picking up dry cleaning a constant battle.

“I’ve seen people struggle,” said Chesney, 47. “This shift has happened inside me. I can’t be quiet anymore.”

With disabled individuals already wasting countless hours searching for parking, experts say the situation is likely to get worse as disabilities increase in the general population and baby boomers move into their senior years. Meanwhile, government agencies are slow to react to the changing needs, and parking laws are not fully enforced.

Disability Rights Education and Defense Fund senior policy analyst Marilyn Golden said that increasingly, individuals with disabilities are expressing concern and disappointment about the dearth of parking.

Why the parking shortage?

With the graying of America, there has been an increased need for handicapped parking spaces, said Mary Ciccone, an attorney with the advocacy group Disability Rights New Jersey.

The number of handicapped-accessible parking placards in circulation in New Jersey has increased by 2.3 percent since January 2017, from 403,368 to 412,738, according to state figures.

Since 2008, the number of New Jersey residents ages 65 to 74 with at least one disability has jumped by roughly 44,000 — a 0.4 percent increase, per U.S. Census Bureau statistics.

"As people get older they're more likely to need or want those accessible parking spaces. So, yeah, [parking] is going to be a problem,” said Joseph Young, executive director of Disability Rights New Jersey. “New Jersey’s population is also older than a number of the other states.”

New Jersey has also recorded an increase in the number of non-senior individuals with a least one disability.

Residents ages 18 to 34 with at least one disability increased from 4.2 percent in 2008 to 4.7 percent in 2016. The number of disabled residents between the ages of 35 and 64 went up 0.5 percent, from 9.1 to 9.6 percent, during the same time span.

There are two pending bills in New Jersey that, if approved, would exacerbate the situation by adding to the list of individuals who can apply for handicapped parking placards. The bills, if passed, will allow for caretakers of individuals with disabilities or autism to apply for placards, as well as individuals who have served in the military and have been classified by a professional as having post-traumatic stress disorder.

How many handicapped spaces are required?

New Jersey statute follows federal standards that call for one accessible parking space to be set aside for every 25 spaces in lots of 100 spaces or fewer. One in every six handicapped-accessible spots must be van-accessible, according to the 2010 update to federal regulations set by the Americans with Disabilities Act .

All parking areas require at least one handicapped-accessible space, said Paul Darmofalski, engineer for a number of Morris County municipalities.

What needs to be done?

Updating the ADA standards to reflect a growing population’s need is the single most important thing lawmakers can do to improve the shortage of handicapped-accessible spaces, Golden said.

The Access Board, which is responsible for developing the guidelines outlined in the ADA, plans to introduce requirements for public streets. Currently, there are no mandates for handicapped-accessible parking spaces in public rights of way, said spokesman Dave Yanchulis.

But, said Golden, these updates have been in the works since 2011.

"We are waiting an unacceptably, shockingly long time for public right-of-way rules under the ADA," Golden said.

Yanchulis agrees that change has been slow. The required number of parking spaces hasn't increased with the times, he said.

"We made some incremental changes, but we didn’t otherwise drastically change the number or even many of the design features of accessible parking from the 1991 version to the 2004 update," Yanchulis said.

Rep. Bill Pascrell Jr., D-Paterson, said the growth in the disabled population has created an essential need for the federal government to keep pace.

"As we continue working to fulfill the goals of the Americans with Disabilities Act nearly 30 years after its passage, and as the baby boomer generation ages, we have a responsibility to look into and prioritize the unique transportation needs of those living with disabilities and older adults across the country," Pascrell said.

Time wasted searching for parking

Lots of time is wasted searching for a handicapped-accessible space or waiting for a space to become available, say advocates for people with disabilities.

West Milford resident Janice Sangle, diagnosed with multiple sclerosis in 1992, said the shortage of parking is critical.

"You see people hovering around the accessible parking spaces in the hope of seeing someone get into their vehicle and leave so that you have a place to park," she said.

Sangle, who also uses a wheelchair, said finding a parking spot for wheelchair users is especially difficult, as wider handicapped-accessible spaces are needed. Without the wider spots with a built-in aisle, she can’t exit her van.

Each excursion from her home can be a challenge, because she is reliant on van-accessible spaces, the rarest of parking stalls. Laws require only one in six blue spaces to be wide enough to fit a van with a ramp.

When those “far between” stalls are unavailable, there are few options. This happens to Sangle at least once a week. Then her choices are reduced to circling parking lots or parking illegally and blocking two spaces with her van. She carries cones with her for these occasions to mark her ramp deployment zone.

“You have to plan ahead, and hopefully you have the energy. You never know if you’re going to be able to find a space," she said. "I don’t know if they think that people with disabilities don’t go out, or what. We still have to get on with life. We still have responsibilities.”

Recent changes to rules helped

Before 2013, the mirror-mounted blue placards that allow people to park in handicapped-accessible spaces did not expire. There was no mechanism to revoke or otherwise monitor the placard if the recipient no longer needed the tag or died.

Rules enacted by state officials in 2013 require individuals with disabilities to have their medical conditions re-certified every three years to qualify for handicapped-accessible parking privileges. The revised regulations also redesigned placards to limit the potential for seemingly valid alterations to outdated tags.

The new certification process was a step in the right direction to safeguarding accessible parking from abuse, Young said, but "there still needs to be more respect for handicapped parking spaces," given the population growth.

What can police do?

Stricter enforcement by local police departments can help keep drivers without disabilities from parking in the limited handicapped-accessible spots, said Ciccone, the attorney.

Local police departments say they are already strongly enforcing the parking rules.

Rockaway Township Police Chief Martin McParland said he deploys patrols to the busiest shopping centers to check vehicles in the spaces and make sure they are authorized to park there.

In Hackensack, police officers issued 519 tickets last year to motorists who parked illegally in spaces reserved for those with disabilities, said Capt. Brian Corcoran, the city’s traffic bureau commander.

Older lots are not exempt

Advocates say some local zoning, construction and engineer officials are also under the misconception that businesses are exempt from the rules if they existed before the ADA of 1990.

Not so.

Not only does the ADA require that public accommodations remove barriers to accessibility retroactively, it also requires retrofitting "if a facility lacks an accessible entrance or accessible parking," said Yanchulis.

Personal story: Shortage of handicapped parking is personal for NorthJersey.com reporter

Helper: How a service dog changed one man's life and became his best friend

Puppy to service dog: What does it take to raise a puppy to be a service dog?

Meter fees : Waldwick weighs train station meter fee hikes, handicapped spots

Know your rights

The Americans with Disabilities Act of 1990 offers legal teeth to those who feel they have been overlooked or wronged.

Individuals can contact an attorney and file a complaint under the ADA, which is a federal law.

For more information, contact: Office for Civil Rights U.S. Department of Health and Human Services, 200 Independence Ave., SW, H.H.H. Building, Room 509-F, Washington, DC 20201, or call 800-368-1019, or e-mail ocrmail@hhs.gov.

Email: myers@northjersey.com; zimmer@northjersey.com