Towing Issues: Towing/Handicap Space Issue in Apartment Complex, dr appt, handicap spaces


Question
My husband is in a wheelchair, unable to walk without assistance of a walker for short distances, and we live at an apartment complex in Houston, TX. We have our own assigned parking space with a legal sign in front of it meeting all requirements, with white painted stripes on the ground on the drivers side so that I can load him in and out of our vehicle, which is essential for getting him to and from his multiple dr appts every week. Recently, other residents of the complex have been parking on the white striped area next to our space, which is also right on top of the ramp to get down into the parking lot. In the past, the complex has given us the number of their tow company to call, and they were able to come out and take the car, no issue, but as of this past week, upon trying to get another vehicle towed from this spot, the tow company told me that our apartment complex has changed their rules, and I needed to contact their overnight operator (it was 4am at the time, and we had a dr appt at 8am) to request the tow. The operator explained to me that their manager was now approving all tows, and that the vehicle would not be towed until after 9am, and she actually said to me, "Can't you just push your husband in the wheelchair down over the curb?" which for an injured person, and me, a barely 100 pound caretaker, is just not a safe option. I met with the apartment office staff that same morning at 9am, after having to cancel our dr. appt because of the inconvenience, and the Apartment Manager stated that they no longer tow from the striped area beside their handicap spaces because of ONE resident that was towed recently, and complained so much stating that "everyone else parks there." This is just not acceptable, and does not make any sense to me for all issues concerning equality. If I pay rent there, I should be able to take myself, and my husband anywhere I want, anytime I want, regardless of his physical mobility. Thankfully, my husband will hopefully only be in a wheelchair for a few more months, as he is recovering from a horrible car accident, but until that point, is there anything I can do about this? Missing physical therapy which is three times weekly, and once weekly dr appts is not an option for his serious condition, and I am especially worried that we will have an issue on a day he is either being taken to the hospital for surgery, or returning home from the hospital stay. I have been researching the laws regarding this, but haven't found exactly what I am looking for yet. Please help! Thank you so much for your time, Kathryn Hamm

Answer
I think that you might have some kind of standing legally on the parking space and the "protected and posted" space beside it under the ADA act. But I am not a lawyer and that stuff is so complicated that it hurts to try to read it.

Now as to the complex getting complaints, well that always happens when cars get towed and if they cave in to others who break the law they can get in trouble over it.  

Texas has some great laws and then there are a few others which truly are bad.

There is a state agency who regulates towing and the also address parking issues such as signs, markings of spaces and such.  You might contact them and see what they say about this.

Search for TDLR and you will find them online.

Hope this helps and that your husband gets better soon.