Question: Is it legal to park a trash dumpster in a handicapped parking space at a shopping center?

Answer: Blocking a disability parking space generally is not allowed, but there are exceptions: There’s no violation when the parking lot exceeds the minimum number of disability spaces required and does not need the space to meet the minimum; or when the entire parking lot is off limits, not just the disability space; or when an accessible stall is temporarily relocated while a stall is blocked, according to the state Disability and Communication Access Board.

“It’s not a clear violation outright. The contingencies must be considered,” said Kirby Shaw, DCAB’s executive director.

The exceptions Shaw described don’t apply to accessible spaces that are available (not blocked), and only vehicles with disability placards or license plates should park in those, he said.

Your question is about the Hawaii Kai Towne Center, an East Oahu shopping center, where a construction debris dumpster blocked one of two disability parking spaces closest to Starbucks during work at the upcoming Paradise Poke Hawaii store next door.

Marc Higuchi, the shopping center’s general manager, said this wasn’t a violation because the center meets the first contingency: The 900-space parking lot has 28 disability parking spaces, “which is much more than the minimum needed of 18,” he said in an email Thursday.

Federal standards under the Americans with Disabilities Act require a minimum number of accessible parking spaces based on the total number of spaces in a parking facility, and the type of businesses the parking serves; the accessibility standard is higher for hospitals than for malls, for example. Also, if an enterprise has multiple parking lots, each must be calculated separately, according to a guide posted on DCAB’s website.

At least 2% of the parking spaces in a standard commercial parking lot with 501 to 1,000 total parking spaces must be accessible to people with disabilities, the guide says. So, as Higuchi said, in a 900-space lot there must be at least 18 accessible parking spaces.

He said the dumpster was placed in the disability space because it’s adjacent to the work area. “It’s a liability for us for contractors to take construction material across the main drive-thru of the shopping center; this would make absolutely no sense for us,” Higuchi said. “The bin will be periodically there from time to time depending on construction. The goal here is for them to open ASAP so that this tenant can start their business and make some money so they can pay rent.”

You complained about the dumpster on Tuesday, it was there when we checked on Wednesday and gone when we checked again Saturday. If the dumpster must take up a parking space again, it should be a regular one also close to the work zone, you said, since there are more regular parking spaces than accessible ones. There are other disability spaces nearby, although not as close to Starbucks as the space that was blocked.

DCAB’s website has resources for business owners and the general public explaining the rules about accessible parking, how to design an accessible parking space and how to report suspected violations. The design guide is at 808ne.ws/guide, while the online form to report noncompliant accessible parking at private businesses or state or local government offices is at 808ne.ws/psreport. The latter page also has a link for submitting concerns about noncompliant accessible parking at multi-unit residential housing facilities.

Q: Will they repave Cooke Street now that the sinkhole is fixed? The whole street is in bad shape.

A: Yes, the city said in a news release that Cooke Street in Kakaako will be repaved starting in June.

Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-500, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.