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Disabled or dishonest? Dashboard deceivers

The abuse of parking passes for the disabled by able-bodied drivers is a tough offence to monitor

Disabled permit prominently displayed on their dash, the couple pulled into the Wal-Mart parking lot's disabled parking spot and hopped out of their van.

Arm in arm, the couple, perhaps in their 30s, casually strolled to the store. No limp, no shortness of breath, no apparent reason for the disabled pass.

Approached by a Free Press reporter, the couple admitted the disabled parking permit belonged to a woman "back at their home." Visibly embarrassed, red-faced with their heads tucked down, they picked up the pace and shot into the store. Fifteen minutes later, the woman returned to the van and moved it to a regular parking spot -- where, according to the rules about disabled parking pass use, it should have been left in the first place.

The misuse of disabled parking permits is a problem occurring in jurisdictions across Canada, and some believe it's getting worse.

"People are just passing them (parking permits) along to their family to use, and in my personal opinion, doctors are giving them away like candy," said Terry McIntosh, chairwoman of the Manitoba League for Persons with Disabilities. McIntosh, 46, has used a wheelchair all her life.

"I know it is hard for me to judge a person with a disability. But when you see people get into a car with a big TV box, it's like, 'Hmmm, what is your disability?'"

McIntosh says it is frustrating for people with disabilities to see able-bodied people park in designated spots. She doesn't drive, but she has a van and attendants who take her where she needs to go.

"I go shopping every Sunday at Wal-Mart. When I get there, there are people (who shouldn't be) in the wheelchair parking... you see people sitting there waiting for their wife to come out of the store, and I end up parking at the very end where the spots are smaller," McIntosh said.

"In the last month, I have been so frustrated. I give them the glare, but they don't care."

Nancy Russell, manager of the Society for Manitobans with Disabilities' (SMD) parking permit program says she receives a lot of calls from disabled people who are upset.

"They will go to Shoppers Drug Mart to get their medication and then sit and sit and sit and leave without getting their medication because someone is misusing a parking spot."

Although the image of a vehicle parked in a disabled spot without a pass enrages disabled Winnipeggers, the system is also being abused by permit holders who loan them to relatives, and by drivers who no longer require permits.

"A lot of times I see people and I think, 'Oh my God, that can't be for them,'" said Melissa LeCuyer, who uses a walker and says she was "shocked" recently when she found a disabled parking spot available at the Forks.

"Maybe they should just be given out to people with wheelchairs and walkers."

Some people accuse SMD of distributing disabled parking permits too freely, but last week the Human Rights Commission accused the organization of unjustly denying some people access to a pass after a 53-year old man with Raynaud's Disease, a neurological and circulatory illness, had his application rejected.

Russell said that determining eligibility for disabled parking permits can be challenging.

"It's a tough balancing act. There are more permits than parking spots. You try to look at it, be fair and weigh all the factors," she said.

Currently, there are 39,000 disabled parking permits in circulation around Winnipeg, 3,800 of which were issued on a temporary basis of three months to three years. Many passes are not returned once a holder either no longer needs it or has died, and that's a big part of the problem. Officials can easily catch vehicles parked, without a pass, in a disabled spot, but it's much tougher to catch those misusing the passes.

Last year, the Winnipeg Parking Authority issued 3,476 parking tickets of $200 for cars parked in designated disabled parking spaces without having a valid permit displayed. By the end of June this year, 3,000 notices had been issued.

But monitoring the use of the permits already in circulation can be challenging for the SMD parking permit program staff of three, funded by the $12.50 fee collected for every permit issued.

Russell said the best police are Winnipeggers themselves.

"The public is the best watchdog. People call in who are frustrated" at seeing people abuse disabled parking spots, said Russell.

She said most abusers are family members who either use the permit when the disabled party isn't present or when they are left sitting in the car.

"It's for the convenience of the disabled, not the driver," she said.

Last Wednesday, an able-bodied middle-aged man walked from the Starbucks on River Avenue and Osborne Street to his car parked in a designated disabled space. The blue disabled parking pass was hanging in clear sight from his rear-view mirror; his 83-year-old disabled mother was in the passenger seat.

"I don't own the car, and I'm not handicapped," the man told a Free Press reporter.

"Go ahead and abuse it. Who cares? What difference does it make to anyone?"

He added that he was being flippant. "I bought her coffee, and I'm driving her around."

Russell said when she receives a complaint about a permit abuse -- often from another disabled driver, a concerned citizen or a city commissionaire -- the SMD issues a letter to the holder of the permit asking what happened. Typically, permit holders are completely unaware the pass is being misused and are offended when they learn, she said.

If her office doesn't get a response, the disabled driver's file is flagged and staff sits him or her down for a one-on-one chat about responsibility before renewing the pass.

The SMD receives a response to about 80 per cent of its requests for explanation.

Most of the other permit misuses are by family members who don't return the permit after the holder dies.

The SMD gives printed notices to those with disabled parking permits to put on the windshields of cars parked in disabled stalls but not displaying the blue disabled passes. The notes tell the drivers they are parked illegally.

Despite the apparent prevalence of disabled parking permit misuses, Russell insists Winnipeg is one of most successful cities in Canada at controlling abuse.

"I think we have a pretty good handle on it compared to other jurisdictions in Canada," she said. "Other cities ask us how we keep it so low."

Whatever SMD does to monitor the use of permits, it seems some drivers will come up with an apparently endless list of excuses for parking illegally in disabled spots.

Last Thursday, a red Ford Contour peeled into a disabled parking spot at Grant Park Shopping Centre. An agile-looking man in his 20s hopped out and dashed into the Liquor Mart. His wife and baby sat in the back seat.

"The thing is, this parking lot is half empty. If it was busy, I'd park somewhere else," he said. "I also left my wife in the car; if someone actually needed (the spot), she could have moved it."

paul.gackle@freepress.mb.ca

selena.hinds@freepress.mb.ca

Who is eligible for a disability parking permit?

Those unable to walk without the aid of a walker, crutch or two canes

Those unable to walk more than 50 metres without resting, losing balance or falling

The parents of blind children between the ages two and eight

Those unable to walk more than 50 metres without being short of breath

If these conditions are temporary due to surgery or other periodic conditions, a temporary permit can be issued for a period of up to three years.

THE RULES

The permit can be used only when the holder is in the vehicle and intends to physically enter the business or structure associated with the parking space. It isn't permissible for a driver to park in a disability stall if the person to whom the permit was issued simply remains in the car. Likewise, if the disabled person is being dropped off at the door, the vehicle cannot occupy a disability parking space.

The permit must be displayed on the rear-view mirror, sun visor or dashboard. Failure to display the permit in a manner that is fully visible and legible from outside the vehicle can result in a fine of $75 to $150.

The permit must be displayed only when the vehicle is parked. Operating a motor vehicle while the permit is on display is an offense under The Highway Traffic Act.

If the permit holder experiences a "good" day, they are asked to consider the needs of others and use a general parking space. If the permit is no longer required, it must be returned without delay.

HOW TO OBTAIN A PERMIT

Have a medical practitioner, a chiropractor, a physiotherapist or an occupational therapist complete an application describing your ailment and how it relates to the four qualifying criteria.

Often, permit applications are rejected because the condition described doesn't satisfy the criteria of the program, according to the Society for Manitobans with Disabilities. Other times, the medical practitioner simply states the applicant's description of the ailment without providing supporting information.

Cost:

$12.50 for three years.

Renewal:

After three years, a permit must be renewed. Permit holders must obtain an update of their condition from a physician for renewal.

 

How disabled do you have to be?

It's sometimes a tough call, who gets a disabled parking pass and who doesn't, says the University of Manitoba's head of family medicine.

"There are often grey zones where there is a person who has bad arthritis in their knees or hips and obviously is limping and disabled to some degree. But are they disabled enough to be in danger to their health or safety? That is the question everybody always has to answer," Dr. Jamie Boyd said.

Health-care providers do not decide who gets a pass, but they sign and complete part of the application form patients take to the Society for Manitobans With Disabilities (SMD) for consideration.

"If somebody comes off the street and you've never seen them before, sometimes its more difficult because you're totally relying on the patient's assessment of their disability. Whereas, if you've been looking after someone as a family doctor, you know how disabled they are because you've seen them on a long-term basis," Boyd said.

Situations where patients have had heart failure or seasonal respiratory issues also pose challenges for doctors signing applications for disabled parking passes.

"Nine times out of 10, the patient never has a condition. But then they get a bad asthmatic attack related to environmental factors and they need to be close to a building."

Frequently, patients insist on applying for a pass even after the doctor has explained they don't qualify based on the criteria, Boyd said. In those situations, all the health-care provider can do is fill in the form honestly and leave it to the SMD to decide.

"It needs to be very clearly stated what the disability is and how it affects the patient," he said.

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    1. DIARY OF A DISABILITY PARKING SPOT

      Monday, June 30, 2008: Polo Park Shopping Mall

      6: 10 p.m.: A maroon Alero is sitting without a permit in one of seven spots outside Sears front entrance. A woman in her 50s who appears ablebodied returns to the car, gets in, and drives away.

      7: 21 p.m.: At the Sears west entrance, a dark blue Chrysler Grand Caravan is parked in one of the disability spaces. It has a permit. A dark-haired woman in her 30s walks quickly to the car from Sears, gets in, lights a cigarette and drives away.

      7: 30 p.m.: A white GMC Sierra pickup pulls in to a disability space. The car does not have a permit. The male driver reaches down and then hangs a permit from the mirror. A couple in their 60s, both seemingly able-bodied, get out, walk into Sears.

      Wednesday, July 2, 2008: Wal-Mart on McPhillips Street

      4: 30 p.m.: A red Ranger truck is parked, with a permit, in one of the lot's several parking spots for the disabled. A man in his 30s exits the store, approaches his truck and unloads a cart full of groceries. A woman about the same age joins him. They both appear fit and agile. They dump the cart on the curb and quickly drive off.

      4: 40 p.m.: Two middle-aged women, both walking comfortably, exit the store, their arms full of groceries. They unload the bags into a black Honda Civic, and the second they pull out of the spot, one of the women takes the permit down.

      5: 05 p.m.: Two women in their mid-40s exit the store and approach a green Toyota Corolla in a parking spot for the disabled. A permit is visible. They are both able to lift the bags of groceries and walk comfortably. Shortly thereafter, a blue van rolls into the vacant spot. Two women jump out. A permit is on their dash.

      5: 20 p.m.: Two women, one in her 30s, the other about 50, and a teenager get out of a blue Jeep and walk into the store. A permit hangs above their dashboard. They all appear able-bodied. -- Compiled by Will Tremain

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