Lawmakers consider higher handicapped parking fines

Thursday, February 10, 2011

LINCOLN, Nebraska -- Handicapped parking is frequently abused in Nebraska and higher fines for illegally parking in those spots would help curb the mistreatment, says a state senator from Omaha. But some Nebraskans -- including wheelchair users -- are skeptical that the bill would make an impact.

LB438, sponsored by District 9 Sen. Gwen Howard, would raise the maximum fine for illegally parking in handicapped stalls to $1,000.

The current law carries a maximum fine of $150 for the first offense in a calendar year. After that, fines can rise to $300 for the second offense and $500 for the third offense.

"People see it as a flexible guideline if they're feeling rushed or running late," Howard said at the Feb. 1 hearing on the bill. "All too often, the space is unavailable to a person who really needs it."

Joan Naber of Waco has been a wheelchair user for the past 15 years. Even in her small town of about 250 people, Naber has problems finding open handicapped parking spots. She thinks some of those spots are taken by people who park there illegally for their own convenience.

But she is unsure whether higher fines will help, she said, because she remembers when fines were raised in 2008. Naber said she saw no change in people breaking that law.

"I don't know if the threat of a large fine will deter people from saying, 'I'm just going to run in real quick and park right here,'" said Naber, who was named Ms. Wheelchair Nebraska in 2010. "There's so little chance they're going to get caught. For someone in the public to call and report it, and by the time an officer would get there, those people will be gone."

Law enforcement officials across the state say they cite people who do not properly display stickers or license plates with handicapped credentials.

Bruce Papstein, Brown County sheriff, said he hasn't written a citation for handicapped parking abusers in four years only because the law hasn't been abused.

Norfolk Chief of Police Bill Mizner said that illegally parking in handicap spots isn't a big problem in his city, either.

"Most people feel that the current fine structure is pretty severe," he said.

Mizner said he doesn't think increasing the maximum fine would have much of an impact on Norfolk, if any.

North Platte Chief of Police Mike Swain agreed, adding that his staff takes an aggressive stance on the issue and listens to the public when they call in instances of people parked illegally in handicapped spots

Yvonne Stuhr, who has been a wheelchair user for 25 years, said she thinks the bill does not address the real problem with handicapped parking: misuse of handicapped stickers and license plates.

Often, she said, she sees people who do not appear to be physically handicapped displaying stickers that may be from a handicapped relative or friend. Those people will park in the handicapped spots and it appears they haven't broken the law, she said.

"And sometimes people will park on the stripes between two handicap places," said Stuhr, also of Waco. "If I happen to be driving without my husband, there's no way I can get into or out of my van."

Naber said she thinks awareness about people with physical disabilities, rather than higher fines, is key in addressing the issue.

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