Mount Gretna council hears from attorney about ADA parking request

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Mount Gretna Borough Council spoke with attorney Andrew Luch at the Oct. 13 meeting about a resident’s handicapped parking space request that council has mulled and ultimately rejected at previous meetings.

The resident lives on Pennsylvania Avenue and is requesting a spot on the nearby Yale or State avenues, according to council. They previously denied the spot, citing questions about whether the resident lived in the borough year-round and concerns about this opening a “can of worms,” with more residents coming forward requesting handicapped parking spots in an area that already struggles with space for cars.

Solicitor Keith Kilgore later told council that the resident had proven that she was a permanent resident of Mount Grenta.

An accessible parking space would be able to be used by anyone with a placard if it is granted. It would not be a permanently assigned space for the requesting resident.

Read More: Mount Gretna continues accessible parking discussion, recaps art show

Luch attended the meeting to explain the resident’s reasoning for requesting an accessible parking spot nearby and to provide information about the Americans with Disabilities Act.

“She’s asking for, under the ADA, a reasonable accommodation to the parking policy to have that place in front of her residence,” he said. “We believe it won’t fundamentally alter the parking there, as there is no other parking spaces that are for handicapped in that area. The ADA does apply to local government.”

Luch passed out a packet of printed information from Disability Rights Pennsylvania about parking issues for people with disabilities. He said the organization has sued multiple local governments for not being in compliance with the ADA.

“Pennsylvania law allows — but does not require — local authorities to provide reserved residential parking spaces for individuals who have Person with Disability or Severely Disabled Veteran plates or placards,” the resource states. “This means that a local government can post on the street, as close as possible to the individual’s place of residence, a sign that indicates that the space is reserved for people with disabilities.”

If a person applies for a parking space and is denied, they can file an appeal for the decision. They can also pursue legal action, as the ADA requires covered governments to make reasonable accommodations. Governments are not required to accept the request if granting the accommodation is not reasonable or would result in a “fundamental alteration.”

Council member William Kleinfelter asked Luch several questions about the case. He said the residence has 70 steps leading from the road to the home and she’s capable of walking those steps.

“I imagine she exerts a lot of energy to go down and up those steps,” Luch responded. “It probably doesn’t leave her much energy to walk anything past those steps, I would imagine, and that’s probably all she has to get to and from her home.”

Kleinfelter said designating one of the existing spots near her home as an accessible parking spot would mean taking away a parking spot in an area that already struggles to have enough spaces.

“That takes one away in an area that is probably very saturated with cars already,” he said.

Kleinfelter said they are going to take the provided information under advisement and come to a decision at a future meeting, though he said it won’t be in November. If council decides to designate a handicapped parking spot, it would have to go through the ordinance process. This would include advertising the ordinance and holding a public hearing before adoption.

Council member Robert Eynon said this ongoing discussion has shown the council that the borough doesn’t have a clear process in place for when someone requests a handicapped parking spot.

“I think it makes some sense to figure out a process where we fairly evaluate people’s requests like this,” he said. “We don’t know if somebody’s having some dispute with their neighbor, and it’s a parking sort of thing. We have nothing right now, and I think that’s what’s gotten us into this.”

In other business, council:

• Voted to purchase a Bobcat utility vehicle, which director of public works Bill Care said the borough will use for snow removal, street sweeping, grass cutting, and building and grounds work in the Chautauqua. The quote is for $75,011.10, but Care said they plan to sell or trade in the existing equipment to get at least $13,000. Care said he will go to the Chautauqua to try to get additional funds.
• Rejected a short-term rental for 114 Princeton Ave. and accepted short-term rental renewals for 1 Muhlenberg Ave. and 114 Lancaster Ave.
• Voted to have Trick-or-Treating on Oct. 31 from 6 to 8 p.m., consistent with the county-wide event.

Mount Gretna Borough Council will meet next at 6 p.m. on Nov. 10 at the firehouse on Boulevard Avenue.