HomeMy WebLinkAboutCOM 0661.000 1998-2000 uoJMtr or ~~wL
al~w, William G. Davis
Stephen K. Yamashiro ~ ~
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25 Aupuni Skecp Room 215 Hilo, Hawaii 96720-9252 (808) 961-82] I • Fax (808) 961-65$3
KONA: 755706 Kuakini highway, Suitu I07 Kailua-Koua, Ilawaii 96740
(808) 329-5226 Pax (808) 7265663
February 7, 2000
Honorable James Arakaki
Chairman, County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki:
Re: Fees for Handicapped Parking Permits
We respectfully request that the following Ordinance be assigned to the appropriate
Council member and committee, if necessary, so that it may be taken up at the next
regularly scheduled County Council meeting:
1. Ordidance to amend Section 1., Chapter 24, Division 6, Section 24-242 of the
Hawaii County Code, relating to parking permits for disabled persons, by
repealing the fees.
This action is requested in order to bring the County of Hawaii in line with the recent
Federal court's ruling. (Reference: Letter from Frederick Gianini, Deputy Corporation
Counsel, to Norman Olesen, ADA Coordinator, dated February 1, 2000.)
Sincerely,
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ephen K. `4 z/ ashiro
MAYOR
Attachments
Q,•Il ~0 6
Comm. No[ ~pp6
File No. 71~F
Ref. To: ~G
Ref. Date 1 0 2000
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Stephen K. Yamashiro Richard Wurdeman
M°yOi Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL
IOI Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 96I-8622
February 1, 2000
TO: Norman Olesen, ADA Coordinator
FROM: Frederick Giannini, Deputy Corporation Counseh!~
RE: Fees for Handicapped Parking Permits cc..
This is in response to your referral of the Ninth Circuit Court's decision in the case
of Emerick v. City and County of Hawaii, No. 98-16427 (9`h Cir., 1999). In that case, the
United States Court of Appeals overturned the District Court's decision that the City and
County of Honolulu could charge a fee for handicapped parking permits as long as the fee
was not more than the actual administrative costs of the permits. The County of Hawaii
has been charging a fee of $10.00 per permanent parking placard and $2.50 per temporary
parking placard, pursuant to Hawaii County Code §24-242. This ordinance is authorized
by Act 308, Session Laws of Hawaii 1997.
The decision in Emerick, supra, is based on the case of Dare v. California, 191
F.3d 1167 (9th Cir., 1999). In that case the Court struck down the State of California's
$6.00 fee for temporary placards which allowed automobiles operated by handicapped
persons or used for transportation of handicapped persons at least 51 % of the time to park
in handicapped stalls and to park in metered stalls without paying. The Court's reasoning
was that since the placards were a part of the state's program of providing access to
parking for the handicapped, it was discriminatory to require them to pay while non-
handicapped people did not have to pay for an equivalent service.
In Dare, the State of California had argued that charging a fee was not
discriminatory because the placards allowed disabled persons to park in metered spacces
without paying. Therefore, California contended, the $6.00 fee was "partial payment of
Memorandum to Norman Olesen
February 1, 2000
Page 2
waived meters fees," and the disabled were not being charged more than non-disabled
people. The Court of Appeals disagreed, stating that many public places did not have
metered stalls, and that non-disabled persons did not have to pay at those places:
Such a distinction is unacceptable. Charging disabled people for parking that
would otherwise be free constitutes discrimination in the provision of access to
public buildings, a measure required under the ADA.
• Under this analysis, even though placards allow disabled people to park for free in
metered spaces, the court still found discrimination against disabled people where they
were required to pay a fee for the placards.
Similar reasoning applies in the present case. Hawaii County Code §24-242(c)
states that the Office of the Mayor "...shall issue removable windshield placards...". The
use of the term "shall" indicates that the ordinance intends that such placards are to be
issued, even though the state statute that authorizes it merely states that the counties
"may" issue such placards. Act 308, Section 9 at p.8. The act also states that the County
"may" charge a fee for the placards. Therefore, in order to bring the County of Hawaii in
line with the Federal court's ruling, §24-242 should be amended to remove the
requirement that fees be paid for both the temporary and permanent placards.
I have enclosed a draft of a bill amending §24-242 by deleting those fee
requirements for the temporary and permanent placards. Please contact this office if you
have any questions or if you want to have any changes made.
FG:ch
Enclosure
comm4: a/FeesHandicapPermits.ltr