AGO 1990-003.

• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-003. 1990Opinion No. 1990-003Mr. Eliot J. DoberExecutive DirectorOffice of Protection and Advocacy 60B Weston Street Hartford, CT 06120 Dear Mr. Dober: In your letter of July 12, 1989, you requested our opinion regarding the meaning of certain provisions of Conn. Gen. Stat. e 14-253a, which mandates that parking spaces be established and reserved for handicapped persons. Among this statute's requirements are that such parking spaces be specially arranged and marked, and that they be used only by blind persons or persons whose ability to walk is seriously impaired. Section 14-253a also provides that a violation of any of its provisions constitutes an infraction. We understand from your letter and conversations with your staff members that the officers of numerous local police departments refuse to issue summonses to unauthorized persons parked in spaces for the handicapped unless such spaces are correctly constructed and designated. You have further informed us that many officers also refuse to enforce the portions of Section 14-253a that establish the proper arrangement and markings for handicapped spaces. Because you have received complaints from handicapped persons about parking problems, and because you have a statutory duty not only to investigate such complaints but also to act as an advocate for the handicapped, Conn. Gen. Stat. e46a-11, you have asked us the following questions:

1. Must handicapped parking spaces be set up to the letter of the law before people who park there illegally can be ticketed? If not, what are the limits to police enforcement, if any, when the markings, space location or signage vary from the requirements of C.G.S. e14-253a (e) and (f)? Do these variations render C.G.S. e14-253a (e) and (f) unenforceable by the police?

2. Do state and local police have the authority, and indeed the responsibility, under C.G.S. e14-253a (k) to enforce C.G.S. e14-253a (e) and (f) and penalize those who do not have their signs or handicapped spaces established pursuant to the statutory requirements? Does a violation of C.G.S. e14-253a (e) and (f) also constitute an infraction,enforceable by state or local police?

With respect to your first question, it is our opinion that unauthorized persons who park in spaces for the handicapped may be fined even if...