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Question
If one comes across a vehicle that is parked in a handicapped spot but does not display any sort of tag, decal, placard or other authorized signage AND the vehicle has signs of being owned by another Jew, is it permissible for one to notify law enforcement for ticketing and or towing of said vehicle? Follow on scenario questions - Does it matter or not if the complainant themselves have authorized display signage and require the handicapped spot? Does type of need factor in to this question i.e. the need to go into a medical facility vs wanting to go to a restaurant or movie theater?
Answer
Shalom, Thank you for your question. According to the Aruch HaShulchan, (Choshen Mishpat 388,7) and the Tzit Eliezar, in his footsteps (volume 19, 52), the laws of a “moser” do not apply in a country with a non-corrupt legal system (which I assume is the case in your question). However, in the case of a car parked in a forbidden parking spot, which is coursing damage, pain, inconvenience etc to the legal user of the space (in this case the handicapped), the question is not so much one of “moser” but rather removing damages. The Torah forbids infringing another’s boarders. Based on this, in all cases where a car is parked in an illegal spot, where the car is causing “damages” to another person (by taking their parking space away), they may be forced to move their car. If the way to achieve that is to inform the police (who are able to immediately find out the owner of the car and get them to move – or ticket them so they will move their car, and not park there again, or tow the car away, as needs be), it is permitted. It would not make any difference who is the complainant. Nor the needs of the handicapped driver – the space is legally his, and a non-handicapped driver is damaging his rights. Blessings.
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