A Whole Foods Handicapped Parking Spot Spat

To most people, a handicapped parking spot is nothing more than 170 square feet of asphalt marked with familiar blue-and-white paint.

But to Whole Foods and Homewood-resident Nicolle Nordman, that spot is a battleground.

Nordman visited the South Loop Whole Foods on Canal Street last week with her daughter, Josie and two friends. According to Nordman, they parked in a handicapped spot, displayed their permit, and walked into the grocery store.

About an hour later, Josie, who suffers from cystic fibrosis, had trouble breathing and decided to return to the car to get her medication and an inhaler, according to Nordman. 

But the car was gone.

"Turns out Whole Foods had towed the car because (they) claimed that they watched all (four) of us walk into the store, walk around and that they felt NO ONE was disabled," Nordman told Patch in an e-mail last week. "They stated because it was private property they had the right to make the determination to tow if they felt that someone was 'misusing' a handicap spot."

Whole Foods spokeswoman Kate Klotz has a different take on the decision to tow. 

“That never happened,” said Klotz. “Her car was towed because she was not shopping at Whole Foods.”

In fact, according to a spokeswoman for A-1 Citywide Towing, the company that removed Nordman’s vehicle, a surveillance video shows Nordman had used the spot contrary to the parking-lot rules.

“There is video of Ms. Nordman and her group entering Whole Foods, walking directly through the store without stopping until they pause at the sign,” said A-1’s Beth Costello. “At no time did they shop at Whole Foods on March 30.”

Directly inside of Whole Foods is a large warning sign that alerts customers of the parking-lot policy: “Your car will be towed if you leave Whole Foods Market without removing your vehicle.” The sign goes on to explain where parking is available for other stores in the mall.

Costello says the video shows Nordman and her group stopping at the 4-foot-tall sign.  

“Her female friend points to the sign and Ms. Nordman ‘waves’ her to ‘come on’,” said Costello. “Video then shows them entering World Market where they shopped for over one hour.”

After Nordman realized the car was missing, she says she tried to explain to Whole Foods about her daughter's disability—she requires an oxygen tank to aid her breathing and takes several medications, including insulin—to no avail.

"They would do nothing to help, (and) repeatedly told our group, including my sick daughter, that there was clearly nothing wrong with any of us," she explained.

According to the Americans with Disabilities Act (ADA), a disability is "a physical or mental impairment that substantially limits one or more of the major life activities of the individual." 

Police were called.

According to Chicago Police Officer Hector Alfaro, an officer arrived and told Nordman that this was not a police matter and that she had would need to take up the issue with Whole Foods and the towing company on her own.

While the Illinois Vehicle Code states that a police or sheriff’s department should be notified prior to a car being towed from a handicapped space in absence of a placard or sticker, it is less clear about what must be done in other circumstances.

“The law is not that specific,” says Barbara Kancelbaum, a communications consultant for Health and Disability Advocates.

Since the dispute, Whole Foods has reimbursed Nordman for costs she incurred for the towing of the vehicle. Nordman says this is proof Whole Foods admits fault in the incident, but Klotz demurs.

“It was common courtesy,” said Klotz. “We have a reputation for great customer service.”

Editor's Note: This story has been updated to reflect the fact that police were called in connection with the Whole Foods incident, but it is not known who initiated the phone call.