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The Honolulu Advertiser
Posted on: Tuesday, June 18, 2002

EDITORIAL
Fair warning needed on disabled parking

Who knew that as of July 1, every disabled parking stall must include a striped access aisle for those who need more room to get out of a vehicle?

Certainly not us.

That edict and others have been issued by a little-known quasi -governmental entity known as the state Disability and Communication Access Board, and has taken many by surprise, according to a report by staff writer Dan Nakaso.

According to Francine Wai, the board's executive director, the new rules constitute the most significant overhaul to the program since its inception.

So where's the fanfare?

Under the governor-appointed board's new rules, each parking stall must include a "striped access aisle." Also, handicap parking signs must include the new maximum potential $500 fine for illegal parking. The old penalty was $300.

Those who fail to comply with the new marking and sign guidelines face daily fines of $500. The rules apply to state and county agencies as well as private businesses. But only businesses are subject to the penalties. That's not fair.

Apparently, the Legislature decided that only the private sector should be penalized for noncompliance. We'd sure like to know on what basis they're exempting the public sector from the rules because we can't think of any good excuses.

It's not that we object to measures that give the disabled better access and penalize those who make life difficult for them. On the contrary, we support incentives to protect disabled parking from scofflaws.

But you just don't issue a high-stakes rule with no warning. Such a drastic change requires a high-profile education campaign, or at the very least, a mass mailing to all affected parties.

As we understand it, the reforms are supposed to help police build better cases against drivers who park illegally in handicap stalls. The theory is that motorists who receive a citation will no longer be able to use the defense that they didn't know they couldn't park there.

Bruce Clark, president of Accessibility Planning and Consulting Inc., contends that "people who park in those stalls are going to park there regardless of what kind of sign is on them."

He may be right, but it's probably worth improving the signage. If it's just a case of changing the maximum fine from $300 to $500, then why not let them stick a "$500" decal over the "$300"? Wai seems to think that would suffice.

Like it or not, adjustments will have to be made to bring everyone into compliance with the board's new rules.

But before the penalties can be enforced, some basic notification and education efforts will have to be made. We suggest a grace period to bring government agencies and businesses up to speed. If they've been warned and they're still not in compliance after, say, Labor Day, then they have only themselves to blame.