Mistaken parking ticket arrest sparks ‘invisible illness’ campaign

Advocates are pushing for greater awareness of ‘invisible disabilities’ after a 50-year-old with multiple sclerosis was arrested and fined after being mistakenly issued a ticket for parking in a disabled spot.

The woman, who spoke to the Compass on condition of anonymity, said she had no knowledge of the ticket until police called her at work to tell her she had missed a court date and a judge had issued a warrant for her arrest.

“I said, ‘is this a prank call?’ and the officer replied ‘no ma’am this is very real,” she said.

She went to the Cayman Islands Detention Centre where she was fingerprinted and her mugshot taken. She was told a parking ticket had been issued and she had failed to turn up to Traffic Court.

She says she had no knowledge of any ticket and the officers were unable to clarify when or where the alleged violation had occurred. She was given a new court date and told the judge would explain on the day.

The woman, who has suffered with MS for several years and has an up-to-date disabled decal prominently displayed in her vehicle, said she was shaken by the experience. She agreed to pay the $100 parking fine on the spot.

The MS Foundation of the Cayman Islands helped fund a lawyer for her court appearance. Alyssa Christian, founder of the organisation, said she was concerned about a general lack of understanding and empathy around the condition in the community.

MS can manifest in different ways and sufferers can appear fine one minute and be in severe pain the next. While the reason for the ticket being issued in this case is not clear, Christian said she was aware of numerous incidences of people with MS having their disability marginalised or overlooked because it is not always ‘visible’.

She has reached out to police, human resources departments at major firms and others to help educate them about ‘invisible diseases’.

Case dismissed

In this case, the parking ticket was dismissed along with the charge for failure to show up to court.

The arrested woman told the Compass, “The judge was very apologetic and so was the prosecutor. The case was dismissed and I was told the fine would be reimbursed.”

Still, no one was able to tell her where and when the initial parking ticket was issued. It wasn’t until she filed a freedom of information request with the police that someone responded with the details.

It transpired she had been ticketed outside her work place.

“I was legally parked in a disabled spot and I did not receive a physical ticket, nor was anything placed on my car.

“I am a law-abiding citizen and have never had any prior dealings with the law. The stress and trauma of the whole experience has caused depression and the resurfacing of past symptoms.”

Arrest record concerns

Now she is concerned that details of the arrest, for failing to show up for a court date she knew nothing about, could remain on her record.

She filled out an application for a ‘Global Entry’ trusted traveller programme recently and had to tick ‘yes’  and give details to a question that asked if she had ever been arrested. The application is pending.

The US organisation ‘Ban the Box’ has campaigned against these type of questions being included on such forms.

But it remains possible for employers, landlords and others to ask.

It is not exactly clear what records police would provide in those circumstances or if US authorities would necessarily be aware of a Cayman arrest.

Lawyer Richard Barton, who represented the woman at court, said his understanding was that arrests did remain on record.

Regardless of the practical reality, he said law-abiding citizens would always answer honestly on any official form, especially a visa or passport application, potentially hampering their chances of success.

He said, “There needs to be a transparent process to have these arrests expunged from the record. At the moment you can spend time in jail for a serious offence and eventually have that removed from your record but there is not a similar process for arrests, no matter how trivial or unproven the alleged offence may be.”

A police spokesperson said only criminal convictions would appear on a person’s official criminal record and the police could not speak to why questions about arrests might appear on an official passport form.

The woman, arrested over the mistaken parking ticket, is also anxious for police and the public in general to have a better understanding of disabilities.

Campaign for greater awareness

She said the MS Foundation had offered to help educate police officers about ‘invisible disabilities’ like MS. Because the illness manifests differently, while one person may need a wheelchair, another may be able to walk without visible symptoms.

She said she suffers from nerve pain and feels as if she has been incorrectly judged because she has less outward signs of disability.

“There needs to be more education out there about invisible illnesses. I want to advocate for people in a similar position. You shouldn’t judge people on outward appearances. No one knows what another person is going through.”

Christian, of the MS Foundation, said she had reached out to police and others about sensitivity and awareness training and was hoping to get something in place in the new year.

She said the police leadership had been receptive to the concept. But she believes wider education is needed.

Others can face challenges because the condition can cause relapsing/remitting, meaning sufferers can be fine one minute and in severe pain the next.

She said other members of the group had reported being challenged by security guards while parking in a disabled spot, despite their clearly-displayed decal.

“This is not the first time it has happened and there seems to be a lack of understanding, a lack of knowledge and a lack of empathy.

“If somebody has gone through all the due-diligence with their medical professional and the licensing board and they have got a placard, why should anybody else question that?”

Others have reported challenges at work, with human resources departments sometimes lacking an understanding of the condition.

“You can be fine one minute and in pain the next and I think we do need to do some work with HR departments to help them understand that.”

In mid-December, the National Council for Persons with Disabilities and the government launched the ‘Save my spot, nah!’ campaign to help the community better understand who can and can’t use the blue parking spots designated for people with disabilities. Part of the campaign involves highlighting the prevalence in Cayman of people with ‘invisible’ disabilities.

The council noted that disabilities are defined as any physical, mental, or neurological condition that may affect an individual’s movements or senses, regardless of outward appearances.

“For example,” it said in a press release announcing the campaign, “someone may legally have a disability parking permit or licence plate without having a visible mobility assistance device, like a wheelchair, scooter, or cane. Invisible conditions, such as chronic fatigue syndrome, heart conditions, asthma, epilepsy, multiple sclerosis, etc., may qualify someone to park in a blue spot.

“Therefore, the public is encouraged not to judge appearances or make assumptions about people they see using accessible parking – but do be alert to vehicles that park in these spots without the approved permits or licence plates.”