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Jul 16, 2019 1:47 PMPublication: The Southampton Press

Manhattan Attorney Says Imposing Time Limits On Handicapped Parking Is Unfair

Jay Goldberg in front of the East Hampton Town Justice Court. ELIZABETH VESPE
Jul 16, 2019 3:03 PM

Jay Goldberg sat in East Hampton Town Justice Court on Monday with his wife, Rema, as he waited to deliver a motion—arguing that it is unjust to ticket a handicapped person parked in a handicapped spot near a place like a movie theater—to Town Justice Lisa Rana.

Justice Rana adjourned the case, requesting a formal motion statement, which is due in court within 45 days.

Mr. Goldberg, 86, a Manhattan attorney and Bridgehampton resident who is known for representing high-profile clients, was issued an $80 parking ticket on June 1 from an East Hampton Village TCO for overstaying a handicapped-only parking spot on Main Street near the East Hampton Cinema while watching the movie “Rocket Man” with his wife.

“It is not possible for the average handicapped person to leave the theater, run out and find a new parking spot somewhere in the village,” Mr. Goldberg said outside the courthouse on Monday morning, as a handful of news outlets interviewed him and his wife stood nearby. “You have to get into your car, drive around and look for another handicapped spot, which may not be close.”

Mr. Goldberg explained that he is blind in his right eye, which affects his balance, and has paralysis that in the past has caused him to fall and break his shoulder.

“To require me to get up from my seat in the theater once I’m lucky enough to find a spot is harsh and heartbreaking,” he said.

His motion to the village, he said, will be to eliminate the parking limits on handicapped spots near places such as the movie theater.

Last week, he stated that he’d bring a motion to challenge the act of “chalking” as a method of traffic control as unconstitutional, based on a recent ruling by the U.S. Court of Appeals for the 6th Circuit in Michigan in Taylor v. Saginaw—which deemed chalking unconstitutional. His stance seems to have changed somewhat since then.

“It’s bad enough that we have chalking,” he said. “I’m not going all the way on chalking. I’m asking for a compromise.”

He went on to say that the Americans with Disabilities Act prohibits discrimination based on disability, and that imposing a time limit on parking spots for the handicapped creates a disadvantage to handicapped people.

“Certain people have enough of a handicap to worry about without worrying about getting out and moving their car,” he added.

“The village should not be on the back of a handicapped person waiting to chalk and impose a fine,” Mr. Goldberg said. “A handicapped person must vacate their seat, get into a car, and the car must be driven around to find a spot somewhere else in the village. It’s a terrible burden to be placed on a handicapped person.”

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Sounds like, I'm special??? Who drove there? A similar problem happened in SHV. Employee parked all day in handicap spot. These are not private parking spots...
By knitter (1807), Southampton on Jul 19, 19 3:10 PM
1 member liked this comment
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