Legal Question in Disability Law in Utah
My mother, who is disabled, lives in an apartment complex and cannot carry her own garbage out to the dumpster. She will place her bag of garbage outside her door for a neighbor to dump for her. Sometimes it may take the neighbor a few days to get it to the dumpster. Her apartment complex has recently started fining her each time they see her garbage outside her front door. My question is, since she is legally disabled, is there some law that could protect her from the complex fining her for violation of their trash policy?
1 Answer from Attorneys
Being disabled does not entitle her to violate the rules of civilized behavior and the complex with impunity. Piling up garbage is not going to be allowed, no matter who does it. ADA rules protect her from 'discrimination', not the foreseeable consequences of her own behavior when she creates such problems for the complex. It would be a lot cheaper for her to pay a neighbor kid a couple bucks a week than the fines she'll keep incurring. If she continues the violation, they might even seek eviction. She should try to negotiate a reasonable resolution with the mgmt.
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