honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Saturday, May 26, 2007

Parking dispute nets pair $7,000

By Christie Wilson
Advertiser Neighbor Island Editor

KIHEI, Maui — A Maui couple received $7,000 in compensation from the Menehune Shores condominium in a dispute over availability of parking for the disabled.

Bob and Bessie Bourbeau, who have owned a unit in the condo since 1984, had requested a reserved parking space to accommodate Bob Bourbeau's wheelchair. The 154-unit building provides marked stalls for people with disabilities, but those were often taken up by residents, guests and patrons of the restaurant at the condo, leaving Bessie Bourbeau, 49, to drop her 47-year-old husband at the entrance while she tried to find parking.

"It was embarrassing for him to be out there alone sometimes with people staring at him," she said.

Menehune Shores condo association president Greg Stratton said the dispute resulted from a misunderstanding about the process for requesting the space. When the Bourbeaus finally filed a formal, written request for a reserved stall, the condo responded within two days to provide them with one, he said.

But the Bourbeaus continued to experience problems ensuring no one else used the space, said Cynthia Thomas, fair housing program director for the Legal Aid Society of Hawai'i.

Thomas said the former president of the condo association insisted the building was not legally required to provide a reserved space. In April 2006, Thomas filed a complaint on behalf of the Bourbeaus with the Hawai'i Civil Rights Commission alleging discrimination by the Menehune Shores condo association. The commission determined in September there was reasonable cause to believe that denying the Bourbeaus a parking space was a violation of fair housing laws.

Subsequent negotiation between the couple and the condo resulted in the $7,000 payment. Condo officials also agreed to undergo training in fair housing laws and to adopt a nondiscrimination policy.

"It's really frustrating. We were made to feel like pariahs for standing up for our rights. It's a shame the way people with disabilities are treated today. This was such a simple thing to request," she said.

Thomas said that federal and state laws require housing providers to make reasonable accommodations for the disabled.

"This is one of the most common fair housing complaints we receive, and this case is especially relevant given the high percentage of disabled persons and condos in Hawai'i," she said.

A settlement is being negotiated in a similar complaint against a different Maui condo, she said. She would not reveal the details of that case since it is pending.

In a separate pending complaint filed with the civil rights commission, the Bourbeaus are asking that a wheelchair ramp be installed to provide easier access to the elevator, said Bessie Bourbeau.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.