Legal Question in Discrimination Law in Maryland

discriminations against students driving permit

My son is taking 10th and 11th grade classes this year, he drives to school and was told only juniors and seniors could buy student parking permits. Last year he was allowed to buy a permit and park at school and this summer he went to summer school and was allowed to buy a student permit and park at school. The parent- student guidebook does not state you have to be a junior or senior to park with a student permit at school. What type of discrimination laws in maryland have been violated?


Asked on 9/05/03, 1:53 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: discriminations against students driving permit

Discriminatory actions are addressed within law based on defined bases such as race, religion, handicap, age, and sexual orientation. The legal bases for an action grounded in discrimination are formed based on Federal and State legislative intent. Generally the focus of the legislature is to avoid inequity. The inequitable issues vary and the law is aimed largely at providing protective measures to bring fairness within a societal context.

I am not aware of any law that would provide a basis for action on discrimination. Bringing a complaint that is not based on law is not advisable.

If an issue lies with parking permits that is based on any of the above cognizable grounds, then another matter lies.

Besides law, there are also administrative considerations as well as logical assertion and reasoning. Although a lawyer's assistance is not necessary in all circumstances, an attorney or counselor at law may provide benefit. In your circumstance, the first question I would ask is what is the need or basis for the request for re-issuance of the parking permit? Second is, what is the constraints that are underlying the non-issuance of the parking permit by school authorities? The answer to these questions as well as a cogent presentation to school authorities may bring the resolve that you seek.

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Answered on 9/05/03, 11:21 pm

Re: discriminations against students driving permit

None that I know of. There is no age law that applies, nor is there any unfettered right to park on or otherwise use school property. In fact, schools have broad discretion to set exactly the type of rules at issue here. The fact that they might not be applying it consistently might help a bit (since your son was allowed to park last year but not this year), but that only gives you a logical argument to make, not a legal one.

If there is a need for the permit, such as public transportation is lacking, medical necessity (which is a strong argument and raises disability discrimination issues if it is applicable)or it is too expensive to park at a private facility, try making that argument to the principal or administrator. Also, of course, point out that your son has already been issued the permits before.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 9/05/03, 2:04 pm


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