WESTMINSTER, LONDON:

European Judges hear the case for the Chemically Disabled

Work began today on the Westminster Council's controversial new Disabled parking scheme across inner London.

The new scheme represents a victory in a long and bitter dispute between the Council and Campaigner John Merton from the action group Clubbers for Life.

Claiming the lack of Clubber friendly car parking available in the inner city was an infringement of his basic human rights and discriminatory in nature, Merton began a campaign to have specially allocated bays installed over a year ago.

Following a succession of overturned appeals which finally culminated in a failed Court of Appeals ruling, Merton and his team took their case to Strasbourg earlier this year.

In their representation to the European Court of Human Rights, Merton's legal team presented the case for a "Club Friendly" parking bay. Citing both the Human Rights Act 1998 and the Disabilities Discrimination Act 1995, Merton's lawyers claimed he and other clubbers were 'Chemically Disabled,' and as such deserved equal rights to those with more 'permanent' handicaps.

"The Disabilities Act 1995 defines a 'disabled person' as a person with a physical or mental impairment which has an adverse effect on his ability to carry out normal day-today activities," said Jans vanDerBroek QC, Merton's South African Legal Council. "We believe Mr Merton is exactly that. Particularly on a Saturday morning."

In their landmark decision the seven European Judges ruled in Merton's favour, accepting that an across the board provision is made for all disabilities, regardless of their nature. In doing so they also set a precedent for all other UK boroughs to follow.

Clubber friendly bays

The new EU disability badges

"My client feels completely vindicated by today's result," said a visibly relieved vanDerBroek outside the Strasbourg courtrooms. "The Human Rights Charter of 1998 clearly stipulates the prerequisite for any registered disability as a 'Physical or mental impairment including sensory impairments such as those affecting sight or hearing.' Stand outside any club, anywhere, when the doors open at 6 and I think you would agree with their ruling today." .

As part of the pilot scheme, Westminster today displayed the new blue coded "Chemically Disabled" badges in addition to rolling out the new bays. Under the new scheme, the Council have set aside over 48 new parking bays, with anyone displaying the badge and suffering from the condition being eligible to park.

"I feel as if we're finally being listened to," said Merton on the new spaces. "I mean it's all well and good for the elderly, infirm, and wheelchair bound to have a space to park close to the shops. But you try it after a night out - nightmare. It's hard enough driving."

According to Merton, the previous Parking Badge regime failed to recognise the 'Special Needs' of the Chemically Disabled after a night out: "Under the old scheme you had to be registered blind or have severe walking difficulties. Well I'm not registered blind, but you try focusing when you're coming up on your 7th one at 8 in the morning getting a packet of fags. Or walking for that matter."