The City of Passaic, New Jersey is being sued by an advocacy group for charging disabled persons for handicapped parking spaces which according to the group are unlawful.

Under the 1997 state law, Passaic is charging handicapped parking for $50 annually.

Citing a report from the NorthJersey.com, DIAL Inc., a non-profit organization representing handicapped residents in Passaic and Essex counties, challenges the said fee claiming that the state law had already been negated by the federal 1990 Americans With Disabilities Act. The lawsuit filed in the Superior Court also named the state of New Jersey.

The suit said that while New Jersey updated it statutes in 1991 saying it is unlawful to impose a surcharge on a person with disabilities, the state did not strike down the 1997 state law.

According to the said report, Passaic city and the state Attorney General’s office had not yet commented on the said issue.

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