Some Legal Problems May Not Be Capable of a Litigation Solution.

Posted By Cliff Tuttle | November 10, 2010

No. 526

I observed an interesting case today.  It involved two parking tickets and a person with a serious handicap.  There were no parking places near her place of employment that could accommodate her van with a wheel chair gate.  She had parked twice in a location where parking was prohibited but where the sidewalk was at the right elevation for the wheel chair gate.  The City was represented by a lawyer from one of the largest law firms in town, who brought along a high ranking City administrator and two uniformed officers.  The court appearance by this entourage probably cost the City at least a grand.  The tickets totaled around $200.00, give or take some pocket change.

The defendant, who worked for a county agency, stated that the problem of providing her a suitable parking place had been passed around the City bureaucracy endlessly.  No one could find a solution.  At length, the county office where she worked moved to another location where she could park.

The defendant parked in a no parking zone because the City had not provided suitable on-street handicapped parking near where she worked.  Did the City have a duty to provide handicapped parking at a location near defendant’s place of employment?  If so, must that duty be discharged at any cost?

If there was ever an example of the futility of litigation to remedy a particular problem, this is it.

CLT

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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