The following is from the Bergen County Record:
The mother of a 14-year-old wheelchair-bound boy has called on the federal government to abolish a new city ordinance that charges disabled residents an annual fee to maintain handicapped parking spots in front of their homes.
Elisheva Stein last week filed a civil rights complaint with the U.S. Department of Justice, claiming that the city’s policy of charging disabled residents for handicapped parking violates the American with Disabilities Act.
Stein, who has a handicapped parking spot in front of her Union Avenue on behalf of her son, Isaac, says the new policy is unfair because disabled person are the only residents charged for on-street parking.
“It’s discriminatory,” Stein said. “Passaic doesn’t have permit parking, so nobody else gets charged to park on the street. How can they charge a disabled person?”
Passaic, which expects to lose $1.4 million in state aid this year and is struggling to balance its budget, in February began charging about 240 disabled residents for the handicapped signs in front of their homes. The city charged $40 for an existing sign or $50 to have the sign “personalized” with a license plate. Another 100 disabled people who have applied for signs and have been put on a waiting list would be charged $75 to have personalized signs installed.
The city estimates it costs about $650 to designate a handicapped parking spot, given costs of surveying, engineering, parts and labor. With a tight budget, Passaic has adopted a “users pay” philosophy for services.
Stein disagrees. In her complaint, she claims the city policy violates Title II of the Americans with Disabilities Act, which “prohibits discrimination on the basis of disability by public entities.”
“It’s the principle of the matter,” she said. “It’s just wrong to charge handicapped people to park on the street. No one else gets charged. It’s not just me that I’m speaking for. I’m speaking for all the other disabled residents of the city.”
Stein is the wife of Barry Stein, who served on the council during 1991-95. The couple had two children born with disabilities. A daughter, Chavie, died three years ago. Isaac has cystic fibrosis, a genetic lung disease that also affects other organs. He is confined to a wheelchair and can stop breathing at any time, so the couple must always be ready to drive the boy to Hackensack University Medical Center.
The Steins have a specially designed van with an elevator lift on the side to load Isaac in his wheelchair. It usually is kept in the driveway. About five years ago, the couple applied for a handicapped parking spot in front of the house, which would make it faster to load Isaac for runs to the hospital.
In between trips there, Isaac has a fairly routine life. His mother spends two hours each morning getting him ready, then drives him to school in Clifton. Then she picks him up in the afternoon. When he comes home, there are visits from therapists and home health aides.
Sometimes, Stein said, she returns and the handicapped parking spot has been taken by a commuter using the New York City-bound bus that stops at the corner.
“On days when there’s alternative side of the street parking, the street gets very crowded,” she said. “I’ll call the cops, and they usually come and write a ticket. But it’s very frustrating.”
Last week, she sent a letter to Mayor Alex D. Blanco and all seven City Council members, alerting them to the complaint. She also sent a copy of the complaint to the city clerk’s office, hoping it would bring pressure to rescind the ordinance.
“You are singling out the disabled population in Passaic in order to make money,” she wrote. “This has been stated by many of you in recent press releases and newspaper articles. You have enacted an ordinance specifically targeting disabled people for profit.”
Several disabled residents who protested at recent council meetings were rebuffed. Council President Gary S. Schaer told them that if they could afford the money for a car, gasoline, and insurance, then they should be able to afford $40 or $50 a year for a handicapped parking sign.
Barry Stein said his council experience taught him that government should look out for the least vulnerable.
“Handicapped people are a small group of silent people,” he said. “They didn’t choose to be handicapped. My son did not choose this way of life, and the town should be sensitive and try and accommodate this. Disabled people should be accommodated, not penalized.”
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21 Responses
Another development in the situation is that over the weekend both of the Steins’ vehicles were ticketed, one for blocking their own driveway and the other because it blocked part of the sidewalk as it was parked in their driveway (large handicapped van, that does not fully fit into the driveway.) They’ve parked this way for years out of necessity (one car blocking the driveway), to prevent their van from being stolen or vandalized, and have not been ticketed. They were only ticketed AFTER the story was published in the paper. City/Police HARASSMENT in Passaic? Could it be?
IT COSTS THE CITY $650 TO INSTALL ONE OF THOSE SIGNS??????? WHAT IN THE WORLD DO YOU NEED TO SURVEY TO STICK A METAL POST IN THE GROUND???? AND ENGINEERING??? IT DOESNT TAKE A GENIUS TO INSTALL ONE OF THOSE THINGS!!! (The city will probably just have an illegal install anyway)I can understand “Parts” The sign costs maybe $50 (if that much), and the pole another $20 – $30. But Labor? One of those signs can be installed in the matter of minutes, maybe an hour if you are using concrete. I don’t live their, but based on this, I think Pathatic, i mean Passaic, need an entirely new government.
Yay for lawsuits! Why does she have a “right” to a privtae parking spot to begin with? Others don’t pay the fee because they have to, gosh, look for parking! Its a Privilege to have a private prkaing space at your door. Not a right. Why should all pay for the Privilege of some?
(Btw, it would seems from the article that she already has a driveway, so I’m not sure what her problem is.)
I know this sounds mean, but I really don’t understand her mindset.
The law clearly states the municipality is responsible for the erection of signs etc….
http://www.njleg.state.nj.us/2010/Bills/A2500/2254_R1.PDF
Gary needs to make this right he is totally wrong.
Not cool!
This is more of an issue than voting on Gay marriage bills.
This principle is bigger than Gay Marriage bills!
Derech Eretz kadma L’torah. We say this in the Mishna in Peyah every morning before Brachos!
Those fees that he mentioned are fees everyone needs to pay, this is preying on the weak!
These are people Gods wants us to go out of our way for.
We are supposed to emulate Gods ways. This is a True Chillul Hashem i.e. being Michlel hashems ways ! NO EXCUSE!
He needs to take an english siddur and read the Hallelukas real carefully time and again until he gets this!
Yitzchokm, I’m going to presume that you didn’t understand that we are talking about a “Handicapped” spot. Her son uses a wheelchair at all times. She needs to have a spot available in front of her house in order to be able to “easily” transport him, though that is relative, because there is nothing easy about transporting him. Hashem should bentch you that you should never personally understand what the issue is here.
#3, you are either not a resident of Passaic, and if you are you don’t own a house. The average cost for Property Taxes in Passaic is 10k plus a year. The city does nothing for all the Tax payers. All they do is ticket ticket and ticket on a daily basis. The area is one of the highest property taxes in the country. The Steins pay their taxes and everything else for the corrupt city and Politicians. Disable people should not be penalized the way you want them to be. So much for your consideration and feeling for a family that has suffered enough
First of all this is NOT a Federal issue. This is a local issue, which may be taken to the state however NOT the federal govt.
Secondly, Barry Stein is responsible for a lot of the gimme attitude in Passaic.
I believe other cities have a fee for permit parking so while I feel bad for them, there is precedence (not that all precedence is good).
Uncommon-
I read the link you provided. It doesn’t say that the municipality is responsible for the parking spaces. It does leave the concept of private parking space, in general to the municipalities. They can, leagaly, deny the request.
@yitzchokm
True. However Passaic does provide the spaces and in such instances when the municipality provides the wording suggests they(the city) will be responsible for the costs for signs.
It also states”A municipality may, by ordinance, establish a fee for such permits.” in regard to said parking spaces however this is not how fees are charged according to the article.
Regardless if lawful Schaers comments were disregardful of the basic principles of being a yid
The law is the law and doesn’t always have to make sense. That said there isn’t any good reason why this unfair law can’t be recinded. If we as a society can’t help those in need of special treatment sometimes, then what is wrong with us. The community in Passaic should fight hard to get those in power to work with this family and stop having the police there from playing games. The Passic authorities should be happy that this community of decent people has grown.
#7, Is it Halachacally correct to trash another Yid on a public forum?
Although I do feel bad for the Steins, I have to agree with comment #3. They have a driveway which is theirs and they have every right to stop people from blocking it.
But the street parking belongs to the city. It is a reshus harabim that everyone has equal rights to park on. All the other people have to hock around looking for parking spots, moving for alternate side, etc. If they need their own street parking spot, it makes sense that they should pay for it. (Whether insurance or gov’t programs will pay for it is another question)
My name is Elisheva Stein. This story is about me and my family. I have a few answers for my fellow jews-
1. thank you to my friend who posted this and to all of you special people who are behind us and understanding
2. I thought this was a place for “frum” people. To those of you who are judging me I feel bad for your neshamas that are riddled with sinas chinam & lashon hara. this is the reason mashiach is not here & I don’t understand how we can possibly expect him when we treat each other like this.
I’d like to clarify a few things-
1. I filed this FEDERAL lawsuit on behalf of every disabled person in Passaic, not just us. If you would take time to do research and not spend it berating me, you would know that the American with Disabilities Act covers anything done against people w/ disabilities. Specifically, title II is for public entities that discriminate against disabled people, like our city, and Federal trumps State!
2. Nobody else in this city is required to pay to park near or in front of their own home, why should disabled people? It is not a privilege to be able to access to your home
3. As a jew you should be concerned that this was done to us on SHABBOS, when we could do nothing to move our cars, call for help, or file a complaint.
4. I invite each and every one of you who decided we are greedy to join me & my son trying to maneuver or park ANYWHERE. Better yet, please spend one day of your life unable to walk or breathe on your own and see how “easy” it is for anyone with a disability.
In addition, this is my 2nd child confined to a wheelchair. My beautiful daughter lost her battle w/ a horrible disease 3 years ago TODAY.
Imagine having 2 children in wheelchairs-they cannot move without being carried from place to place, cannot exist without multiple medications, doctors, lifesaving equipment, nurses,or being taken care of 24 hours a day with no break at all.
How many of you experience one example of that?? Do you appreciate every word out of your children’s mouth’s, every breath they take, every movement they can make on their own?
Do you have to battle schools, medical suppliers, medicaid, insurance companies, and more just so they can exist?
Then you get to have the public officials you are supposed to rely on for help discriminate against you just for this existence and to make some $. believe me, we pay exorbitant taxes just like you do.
5. we are NOT exempt from alternate side regulations, and taking care of our son requires a regiment of people from nurses to therapists. Our street is a commuter street, w/ people constantly leaving their cars here an entire day, often illegally parking in the handicapped spot w/ no ramifications.Often our help cannot get to our house because there is no place to park.
I’d like to add that not once have I specified names of any of the frum councilmen/assemblymen in the paper or anywhere else- that would be lashon hara, like the “person” who needs to apologize to my husband for publicly speaking badly about him.
Again, how sad that fellow yidden have to stoop to this level of jealousy, hate, and bitterness. May hashem have rachamim on you in the world to come.
I think #3 and Marc Levin # 12 should get some Rachmanus- I’m sure you cannot possibly understand the difficulties this family faces on a daily basis. I think certainly if we can be mechalel shabbos for secanas nefashos – certainly we can give a parking spot over for a family in this situation who lives with daily struggles and fears. They should not worry daily about where they are going to park and how long it will take to get their child into the van in case of an emergency- no one should know from this – certainly we can have a little empathy To Marc Levin- why are you bashing this family personally – ex
11,
I did NOT “trash” him & I have no reason to. I stated a fact based on HIS service to the City Of Passaic as an elected official. Passaic is broke for many reasons including all the “gimmees” (gimme this & gimme that) that goes on there.
Let him get his parking place.
I have known the Steins for what seems like forever, likely the better part of 30 years. BEFORE you comment, please consider the following: these people have been through gehenom and maintained emunah and a positive attitude. They have an oversized handicapped van as they had two handicapped children. Their daughter passed away a few years ago. Their son is now about 15 years old and is not only wheelchair bound but has other challenges as well. He also has a terminal disease. This van does not fit in their driveway because of the unique challenges of transporting both of their children.
Every community has a responsibility to take care of their own, and Passaic has created a number of kidushei hashem in this regard. It’s ridiculous to make someone pay for parking when they have special needs, particularly given the tax rates.
#6: Most bulk of most municipalities’ property taxes goes to support public schools. Am I wrong in assuming that that’s the case in Passaic?
#7: The ADA is a Federal law. I’m not a lawyer, but this certainly seems like an ADA violation to me.
Mrs. Stein. I dont live in Passaic, dont know, and quite frankly dont care about local politics. With that said, I think people, including myself, have a difficult time with some of the things you write.
For example:
2. Nobody else in this city is required to pay to park near or in front of their own home, why should disabled people? It is not a privilege to be able to access to your home.
True, then again, nobody in the city, resident or otherwise is guaranteed or has a reserved parking spot on the street either. People are trying to understand why is it that you should be entitled to one, for free. As much as it benefits you, it might hurt someone else.
4. I invite each and every one of you who decided we are greedy to join me & my son trying to maneuver or park ANYWHERE. Better yet, please spend one day of your life unable to walk or breathe on your own and see how “easy” it is for anyone with a disability.
While this certainly is playing the rachmanus card, and on these grounds I am all for giving you the spot and then some, this is not a legal argument. Not everyone has the rachmanus you expect or want from them. Is “where is the rachmanus” a valid argument in a lawsuit?
5. ….Our street is a commuter street, w/ people constantly leaving their cars here an entire day, often illegally parking in the handicapped spot w/ no ramifications….
This is unfortunately, a local issue that requires the support of local officials to enforce whether it is via ticketing towing or both. How is a federal lawsuit going to rectify this?
Everyone seems to miss the point that the Stein’s have a persoanl driveway! I wish that other disabled residents would all have access to a personal driveway. My understanding is that you don’t quailify for a handicap space on the curb if you have a driveway. How did that happen?
And how about the Stein daughter’s comments on facebook?
Hinda Stein Burstein
anyone who has a free moment during the week regular business hours that is outraged by discrimination of the disabled or by the anti-semitic harrassment my family received at 35 union avenue at approx 7pm on saturday march 3/2412012 are encouraged to please call 973 365-5510 mayor blanco or councilman schaer 973 249-3665 . they are the ones who sent the police. BTW counciman schaer considers himself an orthodox jew but he really is a self-hating anti-semite. May they both become disabled and have to face the challenges for themselves. thanks to all my friends who thake a minute to support discrimination.
Classy!
Wow you really call yourself a yid? Are you a lawyer? Or are you G -d himself sitting in lofty judgement?
When you need to get to a hospital quickly, you know like when your daughter is about to die , you actually need the spot right in front of your house because a stretcher can’t get into a narrow driveway That’s why the steins qualified to have a handicap spot in front of their house. Do you think that you are so much more brilliant than the professional engineer from the city of Passaic who did the assessment? I mean don’t you think he saw the driveway when he issued the permit.
Many Jews thought That the frum Jews brought the Nazi problem upon themselves but that if they ignored blatant anti-semitism nothing would happen to stam a pushatayid but guess what? They got killed too. Btw stein’s daughter is DEAD. And nothing is pashut when anti- semitism is allowed. Maybe the steins are blessed to have the extra 50 dollars for their spot but there are people who need their spot and don’t have an extra 50 cents but since you probably live in an insular yeshivish world you dont know poor disabled people. And calling me classy in public is probably in violation of a few halachas. Just remember no one asks to be disabled or have cancer or not to be normal. Do you think anyone who is ” privilaged” to have their own personal space wouldnt give it up in exchange for being healthy. Maybe use some chachma if you have any before you write any more pearls of wisdom
Dear m Levin
Who the heck are you and what did the city of Passaic ever give to Barry stein? I don’t think you would want what he has but if you think it’s so special maybe you should daven that you get some.