A DRIVER was forced out of a Walmart parking space due to a strict parking rule and was even arrested.
Breshari Faulkner was tackled to the ground and handcuffed by police in Senatobia, Mississippi, on Mother’s Day for allegedly parking illegally – but, she claims she was simply trying to help her grandmother.
ABC24 MemphisThe moment this individual was arrested in a Walmart parking lot and even threatened with a taser[/caption] Google MapsLocal police accused the woman of illegal parking – despite her not committing any wrongdoing[/caption]In a report by NewsNation, Faulkner revealed she had dropped off her grandmother at a Walmart store and parked up in the handicap spot – all the while displaying a handicap placard.
However, a police officer approached her vehicle and tapped on her window.
Faulkner said: “I opened my door and I said, ‘Yes ma’am.’
“She said, ‘You parked in a handicap. I said, ‘I am sorry, officer.’ I said I can move, but I got the handicap sticker.”
Later, in a statement, the police department said: “The officer observed the vehicle from the time it pulled into the parking lot and parked and did not observe anyone exit the vehicle.”
But six minutes into the video footage of the incident captured, it’s possible to hear Faulkner’s grandmother mentioned.
Faulkner noted that the WREG handicap sticker has an expiration date that runs until September 30, 2028 – and should be valid for the parking bay she was in.
However, the police department said it is Mississippi law to show identification on demand when operating a motor vehicle.
The officer seen in the video said Faulkner refused and even cursed at the officer, and when the officer grabbed Faulkner’s arm, she said Faulkner resisted.
Faulkner, though, says that isn’t the whole story.
“While I got my license in my hand, I’m trying to tell her I want a sergeant,” Faulkner said.
“It’s getting loud. She’s getting vocal. It’s getting hotter and hotter with the situation.”
Faulkner also revealed that the female officer threatened to shock her with a taser in front of her children – something that isn’t mentioned in the police statement.
She claims they also threatened to call Child Protective Services.
“I shouldn’t have to be spending my Mother’s Day sitting in a cell because of a handicap sticker,” Faulkner said.
The police department added that it regularly receives handicap parking complaints, although Faulkner maintains that her grandmother was one of those who needed one of the parking spots.
She added: “For me to have charges thrown on me wasn’t right at all, and I am not settling for that.”
Can an HOA ban street parking?
Homeowners associations hold the legal rights to ban parking anywhere - even in a homeowner's driveway, according to a lawyer.
The trick is the deed homeowners sign when they buy a home within a subdivision, says North Carolina HOA lawyer Mike Hunter.
“If you buy a home in a deed-restricted community, you’re obligated to abide by those restrictions,” he told the Charlotte Observer.
“If the restrictive covenants say you can’t park on the street, the board has the legal duty to enforce that.”
Many states are passing laws to limit the power of HOAs, though a majority of states still grant HOAs to enforce their regulations, restrictive or otherwise, however they see fit.
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