Law?  What Law?

The Chief of The Department of Public Safety (DPS) Bob Roberts, has agreed to meet with ADAPT on Thursday, July 23.  To discuss compliance with accessible parking laws.  The Morgantown Chief of police has also been asked to attend.

WVU gives disabled their space

Sensitivity training for police;
no breaks for parking scofflaws

By: David Johnson

WVU Department of Public Safety Chief Bobby Roberts extended his hand last week to a local disabled-rights organization.
In the wake of a confrontation between West Virginia ADAPT members and a DPS officer, Roberts has agreed for his department to become more sensitive to the disabled community.
...We met with the group and it was very civil, Roberts said. ...Some things came out of the meeting that we can use.
Roberts’ meeting July 23 with Ken Ervin and other members of the Morgantown-based group stemmed from a July 13 incident involving Ervin and WVU student Mickey Finn.
Ervin and Finn, who are both in wheelchairs, said in signed affidavits they were harassed by DPS officer Dan Holsinger when they complained about a university vehicle parked in a disabled-parking space.
Roberts said he could not comment on any discipline of the officer because it is a personnel matter, but said it was being investigated.
As a result of the meeting, however, WVU DPS officers will undergo disabled-sensitivity training this fall. The training will be run by the WVU office of American Disabilities Act compliance, part of the university’s Office of Social Justice.
...Barb Judy runs the program, and she’ll come in during the fall semester. But no date has been set yet, Roberts said.
Judy was not immediately available for comment. But Ervin said members of ADAPT would be available to Judy for consultation.
...The meeting (with Roberts) went well and hopefully we’ll have a working relationship, Ervin said.
One complaint ADAPT had was about the general lack of parking and lack of respect for disabled parking.
Parking director Jim Enoch said he’s been working in accordance with the state ASA laws recently. And he wants to warn people about the new WVU policy.
...It’s a $100 fine. That’s the state law and that’s what it’s going to be, Enoch said. ...We put up the signs saying it was a $100 fine when the Legislature passed the law. Now we want to let people know. People think it’s OK to leave their flashers on and park in a disabled space for a few minutes...but it’s not.
The former policy was a $10 ticket for any parking violation.
The new policy, in accordance with state law, is a tow and a $100 fine.
Today, Enoch will ride around campus with Finn and discuss other ways WVU can increase its parking accessibility.
...We’ve been in accordance all along, Enoch said. ..They wanted to show me things they weren’t happy with.
He said the policy will apply to all vehicles, including government and university vehicles.
To compliment the new policy, Roberts said WVU may begin a program that would use volunteers to photograph illegally parked vehicles, then the vehicle owners would receive a retroactive ticket.
The program is part of Senate Bill 179, which approves the practice. Roberts said a worker’s compensation snag could hold up the program, but it is still on the drawing board.

Handicapped WVU students complain about DPS officer

Parking space incident spurs investigation

By: David Johnson

Formal complaints by WVU students have prompted an investigation into the conduct of WVU
Department of Public Safety Officer Dan Holsinger.
The students contend in written affidavits that Holsinger harassed and intimidated them Monday
when he responded to a call from Ken Ervin.
"He was belligerent and unprofessional," Ervin said Tuesday. "He blew us off, and I’d like to see
him terminated or extremely reprimanded."
Ervin, who is in a wheelchair, called to complain there was a WVU Housing and Residential Life
vehicle parked in one of two handicapped spaces at Arnold Hall.
Since parking at Arnold Hall is assigned, and there is one other disabled resident in the building,
Ervin’s aide, Chris Sunseri, usually parks in one of the two spaces.
According to Ervin, Sunseri and WVU student Mickey Finn, the other disabled resident, Holsinger
treated the group with disdain when he arrived a little after 7 p.m.
"I made a mistake and told him it was my parking space," Ervin said. "But he refused to
acknowledge there was a vehicle illegally parked in the space. He kept telling us he’d arrest us for
making false reports."
According to Sunseri, Holsinger refused to cite the HRL vehicle because "it would be useless
because the university would pay the fine."
The affidavits say Holsinger threatened to arrest Sunseri for trespassing and forced him to leave,
then continued to make threats of arrests for false reports.
They also say Holsinger took up the other disabled parking space when he arrived.
Holsinger could not be reached for comment.
The students filed a complaint with the DPS and with the WVU Department of Social Justice.
"I’ve spoken with Mr. Ervin and I’m going to meet with him next week," DPS Chief Bob Roberts
said. "And it is a personnel matter. My people will follow up and investigate."
The Department of Social Justice, formed by WVU President David Hardesty to create equal
opportunities within the university, will not investigate.
"From what I know, it was a misunderstanding between the officer and the students," said Peggy
Douglas, DSJ director.
Douglas did not address the alleged conduct of the officer toward the students. She did say that
HRL Director Jeff Miller will issue a memorandum to HRL employees reminding them of the
parking policy on campus.
The HRL truck was left in the space at 2 p.m. during a shift change, Roberts said. It was moved
an hour after Holsinger arrived. It was not towed or cited.

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