Derek Eads, a Ball State senior elementary education major, is appealing a $50 ticket and $45 towing fee, claiming the university's handicapped parking spaces do not conform to state regulations.
He was cited June 19 at 8:15 a.m. for leaving his car parked overnight in a designated handicapped spot in Lot H3 near Noyer Complex.
"I was playing volleyball with some residence hall staff members in the courts next to Studebaker West," Eads said, "I left to buy a new volleyball, and I mistakenly parked in a handicapped spot when I returned."
Eads maintains that he did not see the handicapped parking sign and is currently disputing the fines on the premise that campus parking signage is improperly displayed.
He requested information about handicap parking regulations from the Indiana State Police via e-mail on June 24.
Two days later, Eads received a reply with an Internet link to the Indiana Legislative Services Agency's codes regarding parking facilities for those with physical disabilities.
It also states that all handicapped parking spaces must be reserved "by posting a vertical sign measuring at least 48 inches from the base of the sign."
Kevin Kenyon, associate vice president of university Facilities Planning and Management, said that although his department oversees production and assembly of most handicap parking signs, proper installation is carried out by Parking Services.
Each sign is required to bear the international sign of accessibility, and similarly, the blue wheelchair should be painted on the pavement in that space, according to the state code.
"There's still not a painted symbol in the spot my car was towed from," Eads said. "I'm sure the base of the sign was much lower than 48 inches at the time of the ticketing."
"To my knowledge, all handicapped signs are at least 50" high," said Nancy Wray, systems coordinator for the Ball State Department of Public Safety. "Every sign specifically states that a $50 fine and additional towing fees apply for illegally parking in handicap spaces. "
Ball State Parking Services recognizes all state-issued handicap license plates and window placards, and Eads was ticketed because his vehicle wasn't identified accordingly, Wray said.
"Every handicapped spot on campus is marked with the universal handicapped sign," said Donita Bell, of the Ball State Department of Public Safety. "I question whether Ball State is a private entity and if it even has to follow the state's standards for parking regulations."
But Indiana's codes mandate that all state educational institutions should adhere to the same standards as state departments, agencies, boards and commissions.
Eads is still unsure if he'll be reimbursed for the fines he paid. He said that he expects the university to investigate the campus parking signs' alleged illegality.
Pending the validity of his discovery, Eads said he presumes all signs will be adjusted to the correct height.
"If my fines are waived," he said, "the university obviously knows that there's a big problem. It should try to fix it if necessary."
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