The History of Disabled Parking in South Dakota

It took the United States centuries to realize they needed to accommodate individuals with disabilities, handicaps, and other conditions that affected mobility. Before the latter half of the 20th century, parking lots were a complete free for all, and the majority of buildings did not have ramps, elevators, or other points of accessibilities. This meant a handicapped individual would be forced to try to cover long distances to visit regular locations like grocery stores or the bank, if they were able to get out at all.

Nowadays, the majority of parking lots have at least one or two designated disabled parking spaces that are clearly designated by blue lines and the national symbol of an individual in a wheelchair. Buildings, businesses, and necessary facilities like schools are also required by law to have points that are accessible for people who are differently abled.

But how did this change go into effect, especially in a rural and sparsely populated state like South Dakota? With more than 53 million people in the United States with disabilities, how were they able to gain their rights?

The Civil Rights Movement

The first major attempts to gain rights for individuals with handicaps and disabilities did not emerge until the Civil War. Although there was a Delaware law in 1955 that designated certain parking spaces for those who used mobility devices like wheelchairs and crutches, the law did not catch on in the other states. Instead, activists started to raise awareness during the 1960s as part of a broader Civil Rights Movement.

The first activists took part in protests for the rights of others, particularly black Americans who were subjected to harsh Jim Crow laws and legal segregations. Sympathetic to the plights of others, some handicapped individuals joined marches and protests and then started to write directly to government officials to raise awareness about their own issues as well. Soon, as the 1960s progressed, rights for underrepresented groups started to gain national awareness.

The 1968 Architectural Barriers Act

The first major piece of legislation was the 1968 Architectural Barriers Act. It was a federal law implemented across the country, including in rural states like South Dakota. It established federally mandated guidelines for the design of buildings. The purpose was to make locations accessible for those with disabilities and handicaps. The most important guideline was the insistence that buildings, especially schools and government centers, needed to include ramps and doors wide enough to accommodate wheelchairs and other mobility devices.

The guidelines also included rules for the creation of special signage. It led to the creation of the International Symbol of Access, which is the white outline of a figure in a wheelchair with a blue background. Unfortunately, the rules did not provide much assistance for parking. There were no guidelines about the size of accommodations, whether parking spaces needed to be made, or any other protections that would make travel easier. That would come later.

Title VIII of the Civil Rights Act

Unfortunately, individuals with disabilities would need to wait another 20 years to become recognized as a protected class. People could still be discriminated against because of a handicap, which affected the ability to work, go to school, and even buy a home.

Title VIII of the Civil Rights Act, which was created in 1968, was not amended until 1988. In 1988, people with disabilities were added to the list of protected classes alongside age, race, and sex. The Senate passed one version in 1989, while the House of Representatives passed theirs in 1990. They were then combined.

The ADA and Parking

On July 26, 1990, President George H. W. Bush signed into law the Americans with Disabilities Act. This act created specific guidelines for the states, businesses, and institutions to accommodate handicapped individuals. It was the ADA which gave clear outlines for parking, which were then implemented throughout the 1990s in the states.

The ADA has a section called section 4.6: Parking and Passenger Loading Zones. In this part of the law, the federal government stated that handicapped parking spaces needed to be on the shortest route to the entrance and needed extra space besides vehicles so individuals could get in and out of their form of transportation. This meant the spaces closest to a building needed to be given the proper signage and painted to designate their new role in helping disabled individuals get around.

Modern Accommodations in South Dakota

In keeping with the spirit of accessibility, South Dakota has made changes to how individuals can apply for a handicapped parking permit. One of the most important changes made over the last three decades has been the ability for the primary transporters or caretakers of handicapped individuals to get placards for their vehicles. When the laws were first passed, only the disable person could have a permit. Now, caretakers can as well.

Another important adjustment has been loosening the rules for application. It is no longer necessary to submit an application for a permit in person. Instead, you can choose to mail your forms and receive a placard in the mail.

Certain businesses and websites also now make it easier to connect to medical doctors across the country to receive an official disability diagnosis. Since the majority of states require a person to be diagnosed as handicapped or disabled, being able to communicate online with a professional improves accessibility and simplifies the process for people everywhere.

Conclusion

Like the rest of the United States, South Dakota was quite inhospitable for disabled individuals until the 1990s. It was difficult for differently abled individuals to get around since there was no parking available, and many buildings didn’t even have ramps or wide doorways until the late 1960s and 1970s. Still, South Dakota has now made great strides to become more accessible. The application process for getting a parking permit is quite simple and can be utilized by people across a broad range of backgrounds, and it is even possible to speak to a doctor online.

How to Use a Disabled Parking Permit in South Dakota

Traveling is one of the most popular vacation activities in the United States. Because the country is large and sprawling, people can literally go coast to coast. However, sometimes moving between the states is an ordeal. Although there are overarching federal laws in the country, there are also individual state laws that affect everything from minimum wage to recycling to parking. For someone who uses a disabled parking permit, wanting to go on vacation, especially to a rural area, can be challenging.

Although South Dakota is sparsely populated with less than 900,000 in the entire state, it is a popular tourist destination. It is covered in prairies and is home to the Black Hills National Forest, which features Mount Rushmore and the Crazy Horse Memorial. If you rely on disabled parking to be able to perform daily activities, you might wonder whether or not you will be able to vacation in South Dakota.

This guide disguises whether or not it’s possible for you to travel with a disabled parking permit and use it in South Dakota. It also offers a brief overview of the rules and laws that determine where you can park, for how long, and who can be with you.

Where to Park

South Dakota follows universal federal laws when it comes to accommodating disabled and handicapped individuals. Specific spaces are marked with the blue and white handicapped symbol and are outlined with blue lines.

Individuals are not allowed to use their general placard to park in a space if it is accompanied by a license plate number. This means you cannot use a space, even if it has a handicapped symbol, when it has someone’s name or license plated number also painted or marked on the space. These are reserved for a specific person who uses it on a regular basis, most likely for work.

When traveling, avoid parking in the areas near handicapped spaces. Sometimes there are striped areas besides available spots. These are reserved for wheelchair users and individuals who need the extra room to get in and out of vehicles. It is considered common etiquette to not use a parking space near a striped area if you do not need it. The majority of lots will have other handicapped spaces.

How to Use Your Permit

Even if you have a parking placard from another state, you may use any handicapped spot in South Dakota. Individuals from South Dakota may also use their placards when traveling across the country, including in states like Alaska and Hawaii. Since you most likely won’t be bringing your car to any tropical islands, it is possible to just bring your paperwork and pass.

When utilizing rental cars, try to locate a service that already has handicapped license plates or permits with the vehicles. While you can bring your permit and paperwork with you when visiting other states, you might get pulled over and have to explain to the police why you have a placard in a strange car. Utilizing a rented handicapped vehicle can save you from headaches in the long run.

Finally, when parking in South Dakota, remember to once again keep the placard on display. It needs to be hanging from the rearview mirror and visible through both the front and rear windshields. If you lose it, you won’t be able to get a temporary one from the state government. You will need to wait until you are back in your home state to go through the recovery or reapplication process.

Frequently Asked Questions (FAQ)

Q: Can I park for free in municipal lots, metered spaces, and pay parking lots when displaying a handicapped placard?

A: Unfortunately, there is no simple answer. The state of South Dakota does not have a clear policy for handicapped parking outside of the ability to use designated spaces. Instead, municipalities and cities create their own laws and regulations. It is recommended that you pay for your space unless you are told otherwise by a lot attendant or police officer.

Q: Where can I dispute a ticket I received while parking in a handicapped spaced in South Dakota?

A: If you receive a ticket while displaying your placard, you need to speak with the local municipality that issued you a ticket. It is recommend you bring your paperwork to show you had a valid permit from out of state at the time you were parked. You CANNOT park in a designated space if you do not have your permit and paperwork with you while visiting.

Q: Does Mount Rushmore have handicapped parking?

A: Mount Rushmore is one of the most handicapped accessible tourist destinations in the United States. There are spaces available, as well as elevators if you need to park in a regular space because of overflow. Finally, there are ramps to get to the viewing area.

Q: Do I need a doctor’s diagnosis to get a handicapped parking permit?

A: Yes. South Dakota requires an official diagnosis from a medical physician to qualify for a state permit. If you cannot visit a doctor in person without a placard, there are some websites and services that connect your with doctors in your area. You can speak over a video chat and have a signature and diagnosis emailed and sent to you.

Conclusion

Whether you receive your disabled parking permit in South Dakota or not, it is possible to use it when visiting the state. Just remember to keep it displayed on the rearview mirror and to have your paperwork with you while traveling. If you receive a ticket while traveling through the state, you will be required to pay. If you want to dispute it, remember to bring your paperwork proving you had a legitimate placard issued by another state in the country. You CANNOT use a permit from another country or an expired placard.

Now get out there and enjoy some of the fun destinations and attractions in South Dakota.

How to Report Misuse of Disabled Parking Spaces in South Dakota

There is nothing more frustrating, irritating, and downright selfish than a person who uses disabled parking spaces when they don’t need one. These people will often eschew parking in a farther space because they are concerned about the distance they need to walk even though they do not have a condition that affects their movement or ability to reach the building or location they want to reach.

Unfortunately, many people feel like there is nothing they can do to ensure this person gets their comeuppance. The majority of the humans on the planet choose to avoid confrontation, especially with a stranger who could respond with anger or violence. Leaving a sassy note might be personally satisfying and earn you points on the internet, but it doesn’t actually solve the problem.

What can you do to report the misuse of disabled parking spaces? Well, this guide provides some clear examples of courses of action using South Dakota as a sample state. Remember that some laws might vary across state borders, but it is illegal on a federal level to utilize handicap resources when you do not need them.

Don’t worry. There is a way to report parking space misuse.

Handicap Parking Laws

Violating the Americans with Disabilities Act is a federal crime. The Americans with Disabilities Act is an act signed into law in 1990 by the Bush administration. It extended civil rights protections to handicapped and differently abled individuals across all states and territories, and created strict guidelines about parking spaces and accessibility points to buildings.

By law, properties like schools, hospitals, and government buildings NEED to have available handicapped parking spaces that look like those in the picture above. They will be outlined in blue, have extra marked space so people can exit their vehicles with whatever devices or medical appliances they need, and have signage that clearly states the purpose of the space.

If you see someone without a placard parked in one of these locations, take a picture of the vehicle. Try to get a snapshot of the rearview mirror, which is where the permit needs to be hung. Copy the license plate as well. Then, check your state laws to see what infraction the person committed.

South Dakota

In the state of South Dakota, there is one main law that has been violated: 32-30-11.3. According to the legal text:

“Use of privileges by persons not entitled to them as misdemeanor–Fines. Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor.”

As a Class 2 misdemeanor, any individual who was found by a judge to have fraudulently used resources meant for disabled or handicapped individuals will be subject to a fine of no less than $100. To report the crime in South Dakota, you can speak to someone inside of the attached building or call the police non-emergency hotline.

A Caveat

Please remember that not all disabilities are visible. There are many people who have some sort of handicap but might not show it all the time. For example, someone could have a prosthetic limb but has it hidden by their clothes when getting in and out of their vehicle. Someone else might have a neurological condition or crippling pain that prevents them from walking the mandated 200 ft. to reach their destination.

If you want to report someone for misusing a disabled parking space, don’t make an assumption based on what the driver looks like and how they move. Only report abuse if it is someone parking without a placard.

How to Get a Disabled Parking Permit

If you have a disability or handicap and need a disabled parking permit, you are in luck. South Dakota has one of the easiest application processes in the United States. All you need to do is get a diagnosis from a medical physician, fill out the right paperwork, and submit the completed application to the DMV.

There is only one form to complete, which is Form MV-044. It is around three pages long and requires basic information like your name, address, and date of birth. If you have trouble holding a pen or writing, you can fill it out by typing. However, you still need to have some sort of signature.

The other most important part of the application process is getting a medical diagnosis. This is done by visiting a doctor and having them sign the form stating you have a disability or handicap and require accommodation to get around. Some examples of individuals who qualify as being disabled in South Dakota include anyone who needs portable oxygen and someone incapable of walking 200 ft. because of an orthopedic, neurological, or physical condition.

If you have trouble getting to a doctor’s office, there is still an option available. Many websites and businesses have sprung up which connect you with a physician in your state. You can speak to them online through a video chat and explain your concerns and condition. If you have paperwork from another doctor, you can show it to your matched physician. After talking, the doctor can email you signed paperwork that states you are disabled and require a parking permit. It is a good idea to utilize this type of resource if you have no one to help you get around.

Conclusion

It can be frustrating when someone uses resources that aren’t meant for them, especially if it is resources you need. While it might seem petty to report someone for using a disabled parking space when they don’t need one, it can establish that there actually are consequences. It is a simple thing for an abled person to walk 20 ft., but for someone with a significant handicap, that 20 ft. could mean the difference between getting groceries and being forced to go home instead.

Your concerns are valid. Use the resources available to you.

How to Get a Disability License Plate in South Dakota

Almost everyone has heard of disability placards. These are the small plastic signs that are hung from the rearview mirror. In the majority of states, including in South Dakota, the placard is blue with a white figure sitting in a wheelchair. Depending on a person’s needs, it is also possible to apply for and receive a special disability license plate.

In South Dakota, getting this plate is surprisingly easy, and the state ranks as one of the most accessible for handicapped and disabled individuals. This guide will walk you through the application process.

Who Needs a Disability License Plate?

Disability license plates are available to any individual who qualifies for a placard and permit. This means the person has an official medical diagnosis from a licensed physician and meets one of the following conditions:

  • They use portable oxygen
  • They are limited in their ability to walk by a neurological, arthritic, or orthopedic condition
  • They cannot walk 200 ft. with stopping or struggling
  • They cannot walk without assistance from another person or a device like a wheelchair, crutches, braces, cane, etc.
  • They have restrictions caused by lung disease that make it difficult to breathe
  • The individual has a cardiac condition that causes functional limitations classified as Class III or IV by the American Heart Association

The car receiving the plate does not need to belong to the handicapped/disabled person. It can instead belong to the primary caretaker or the individual responsible for transporting the handicapped/disabled person and helping them get around.

The Types of Disability Permits in the State

There are technically three types of disability permits in South Dakota: the placard, the regular license plate, and the disabled veteran’s license plate. These all have the requirements mentioned above, although the veteran’s plate does require the individual to be a military veteran of the United States. You can decide whether you just want a placard or would like a plate as well. The plate does not cost anything and has the same process, so it can be a good addition if you have a permanent vehicle.

The Application Process

South Dakota has one of the simplest application processes in the United States. You need an official diagnosis from a licensed physician, to fill out the correct form, and to send the information to the right location. Perhaps the most difficult step is getting the diagnosis, as this requires visiting a doctor and having them sign your form or a prescription paper that explains your diagnosis or handicap.

To get an official medical diagnosis, you need to visit a doctor who is licensed in South Dakota. If you have a family doctor, they can give you the diagnosis. If you are new to the state or recently handicapped or disabled, than any general practitioner will be able to see you and sign your paperwork.

If you struggle to get around or have limited transportation, especially without the placard, then you have options available. Some websites and businesses have developed systems where you can speak to a doctor in your state through a video chat online. During the discussion, you can explain your condition and show examples of your disability – if you want to. At the end, the doctor can sign a copy of the form you need and email or fax it to you. All you need to do then is print it and fill it out.

The Paperwork

Once you have the diagnosis, you can fill out SD Eform-0865 V7. This form is only about three pages long and can be filled out online if you have trouble writing or holding a pen. You should still print it and sign it before sending it.

Once the paperwork is filled out, you can send it and the diagnosis to the local country treasurer’s office, not the DMV or BMV. This is an important distinction, and lots of paperwork is lost every year because people send it to the wrong location.

If you only need a temporary parking permit, be sure to check the right box on the paperwork. You do not need to send any money to the state of South Dakota to get your placard and license plate.

Disabled Veteran License Plate

A disabled veteran’s license plate has a similar process but a few extra conditions. Someone can only apply for this type of plate if they meet one of the following conditions:

  • You have receive a VA K award
  • You have an automobile under Public Law 187
  • You get a total disability allotment for a service related injury or disability
  • You receive a benefit for a partial or total loss of an extremity or the use thereof

Beware of Misuse

A common problem for people is when a placard or license plate gets misused. There are several laws in South Dakota dedicated to ensuring these benefits are not misused by individuals who do not need them. For example:

“Any person, other than the veteran to whom it was issued, who uses a disabled veteran’s license of identification issued pursuant to subdivision 32-5-157(2) for the purpose of parking a motor vehicle as permitted by § 32-30-11.1, commits a Class 2 misdemeanor.”

Likewise, it is also a misdemeanor in South Dakota to use a handicap placard or license plate that is not yours in general. You can also not park in a handicapped parking space if you do not have a placard or permit with you. Doing any of these actions also count as Class 2 misdemeanors and can result in fines of no less than $100. If someone is using a handicapped placard that belongs to someone else, it can be taken away. You will then need to go through the legal process of getting it back, and might need to reapply.

Conclusion

Getting a disability license plate in South Dakota is a simple process, but can take anywhere up to six weeks depending on how you submit your paperwork. Once you have the placard and plate, you can start to use handicapped parking spaces.

How and Where to Get a Handicapped Placard in South Dakota

Having to deal with the Department of Motor Vehicles (DMV) is a difficult task. Besides waiting in long lines and working with unhappy employees, you also have to work with tons of confusing paperwork and hope you have filled the right forms. When you are seeking something specific like a handicapped parking permit and placard, the task can seem even more daunting.

However, you are not alone. This guide focuses on telling you how and where you can get the placard you need in South Dakota. By following these steps, you will get the right paperwork, materials, and send everything to the right location. If you have limited mobility that interferes with your ability to leave the house, this guide has additional options for your situation.

Who Is Eligible for a Permit?

Before you start the application process, you need to figure out whether you are eligible to receive the permit. Unfortunately, not everyone with difficulty getting around qualifies. You need a medical diagnosis from a physician who has been certified by the medical board, and will also need to meet one of the following conditions.

You can apply for a handicapped permit if:

  • You cannot walk 200 ft. without stopping or struggling
  • You are severely limited in your ability to walk or move because of a neurological, orthopedic, or arthritic condition
  • You cannot walk without assistance from another person or a device like crutches, a wheelchair, braces, or a similar appliance
  • You are restricted by lung disease or need portable oxygen with you when you travel
  • You have a cardiac condition that causes Class III or IV restrictions as determined by the American Heart Association

Sometimes, if you have an official diagnosis from a medical physician, other conditions will be considered by the DMV. However, this is a rare occurrence and you should not depend upon it when submitting your application.

How to Receive a Diagnosis

The most difficult part of the application process for many people is trying to receive a diagnosis from a qualified doctor. Individuals who have a handicap or are disabled often struggle to receive recognition, even in a professional capacity. If you have been in South Carolina for a while and already have an established physician in the area, then you can visit them and ask them to sign your paperwork or a prescription form. This will certify you have an official medical diagnosis.

If you have just moved to South Carolina, then you need to find a physician within state to get certification. This can be difficult for many people, especially when they have mobility issues. After all, you are seeking to get a placard to help you park closer to businesses in the first place.

If you struggle with mobility and have no one to take you to the doctor’s office, there are online services available.

Believe it or not, some websites and businesses have started to connect handicapped individuals with doctors online. You can speak to a professional in your state over video chat. During the discussion, you can talk about the condition that is limiting your mobility, and will be able to send and receive paperwork through email and an attached printer. Your doctor can even fill out the proper paperwork you need and send it to you to print somewhere else.

Filling Out Paperwork

Once it has been made official with a doctor, then you need to get your paperwork in order. Individuals just need to complete a single form, which is the Physically Disabled Parking Permits and License Plate application. It is a couple of pages long and requires basic information like your name, address, and date of birth. You can attach the note or letter from your physician to the paperwork.

This form is conveniently available online. It can also be picked up in person at the DMV if you prefer the personal touch. Remember to complete the form in pen and try to keep the information as accurate as possible. Some DMVS will accept if you need to type your information into the form, but you still need to sign it by hand.

Submission and Application

When you have everything you need, turn it in at the local county treasurer’s office. Forms can be submitted in person once again, or you can mail them. If you choose to submit by mail, you may need to wait 4-6 weeks for approval to get your placard.

Unlike most other states, South Dakota does not require you to pay even a nominal fee. The entire application should be free except for doctor’s fees to get your diagnosis.

Other Information

Once you have the permit and placard, you need to display them properly. Keep your official paperwork in your primary vehicle so you have it with you if someone questions the validity of your placard. Meanwhile, the placard needs to be displayed and hung from the rearview mirror. It must be visible through the front and rear windshields.

Remember: Your family and friends can NOT take advantage of the placard unless they are directly helping you travel or get around town. They can be fined and it is possible to lose the placard by abusing its power.

A permanent placard can last for a period of up to 5 years. If you have been given a temporary one, it will only be valid for less than 1 year.

Once the placard expires, you need to undergo the entire application process once more. This means you need to once again get a diagnosis from a medical physician.

If you lose or damage your placard, you can submit the Application For Physically Disabled Parking Permit and License Plates and show your original paperwork to receive another one.

Conclusion

South Dakota has a simple process for receiving a handicapped placard. Just remember to fill out the form correctly, get a medical diagnosis, and submit to the local county’s treasurer’s office instead of the DMV.