Legal Question in Disability Law in California
Situation: Car parked in handicap stall, displaying a blue handicap permit in window. Woman studying in the backseat with the door open. Two friends talking together outside the car. A campus police officer approached the woman sitting in the car and requested to see the handicap permit to check the expiration date.
Friend: "Why does she need to hand it to you. Can't you just look through the window."
Officer: "No, I want her to hand it to me."
Friend: "What would you do if she weren't in the car?"
Officer: I'd look through the window, but since she's here, I want her to hand it to me."
The friend told the woman to get out of the car and lock the door, which she did. The campus police officer called the real police and 3 police cars showed up. The woman claimed her mom and aunt were on campus at the office to straighten her nephew's schooling out. She wasn't driving the car, simply studying in the backseat waiting for them to return.
They gave her a ticket and confiscated her permit since it didn't match her name or that of the car owner, then recommended she move her car since she no longer had a permit and could get sited for parking illegally in a handicap zone.
That seems a little fishy to me. Did the campus police and/or police have a right to confiscate a parking permit from a car that they never saw her physically park. In California, does the permit have to match the name registered to the car?
FYI: I was there over an hour - the campus police officer didn't check any other permit in that lot.
1 Answer from Attorneys
If Mom was actually a passenger in the car and was on campus the whole time, just have Your Friend take her Mom with her to traffic court and have her explain. Otherwise she needs to stop whining.
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