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Committee declines to codify disability accommodation into overnight-parking ordinance
Summary
The committee heard that the city already treats overnight-parking waiver requests as ADA reasonable accommodations and voted in a straw poll not to advance the working group's draft ordinance; members asked staff to improve public notice instead.
The Public Safety and Transportation Committee on Aug. 26 continued its review of docket 62-26, a proposed change to Newton’s overnight parking ban, and chose not to move forward with codifying a disability exception into the ordinance.
Jonah Temple, an attorney in the city law department and acting ADA coordinator, told the committee the city already treats requests for a waiver of the overnight-parking ban as "a reasonable accommodation" under federal law and that codifying the full process into the municipal code is unnecessary. "A reasonable accommodation under federal law is available for all cities, programs, and practices," Temple said, arguing the city should instead focus on better public information about the accommodation process.
Police Captain Devine confirmed that the department has worked closely with prior ADA coordinator Jeannie (Ginny) Fairley and that roughly a dozen ADA-related accommodations were granted last year. Devine described a local practice of keeping a consideration list to guide enforcement officers rather than relying on physical placards.
Committee members split between caution about advertising the accommodation — which police worry could invite widespread requests and enforcement difficulties — and concern that few eligible residents appear aware of the option. Councilor Susan Albright urged targeted outreach: "We need to really let people know that this exemption is there for them," she said. Temple said he would hand the outreach issue to the incoming ADA coordinator and that the city could explore targeted options through communications or COD channels.
The committee took a straw vote on advancing the working-group draft on disability exceptions; members reported the straw vote as not supporting further codification (counts recorded in the meeting transcript as 0–6). The committee directed staff to pursue better public notice rather than embedding the full accommodation procedure in the ordinance.
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