By Staff Report
Disability-rights advocates are challenging a new Florida law that allows pregnant women to use parking spaces reserved for people with disabilities, arguing the measure violates federal protections under the Americans with Disabilities Act (ADA).
The “expectant mother parking permit” program allows pregnant women to obtain disabled parking placards at any point during pregnancy, with a doctor’s note confirming the condition. The $15 permit is valid for one year.
A federal lawsuit filed Oct. 27 on behalf of plaintiff Olivia Keller alleges the law infringes on ADA protections that ensure access for people with disabilities to places such as workplaces, schools, medical offices, and stores. Keller, a Leon County resident with disabilities who requires van-accessible spaces, said she already faced challenges finding parking before the law took effect.
The inclusion of pregnant women, the lawsuit argues, “exacerbated these challenges” and further limited access to essential spaces. Filed by attorney Matthew Dietz of Nova University’s Disability Inclusion and Advocacy Law Clinic, the suit claims the law “makes the program of accessible parking required by federal law and regulation unavailable” to individuals with qualified disabilities.
Under the ADA, public entities cannot deny participation in or benefits from programs due to disability. The lawsuit contends that by expanding eligibility for limited disabled-parking spaces, Florida has violated this requirement.
The expectant-mother permit program was included in a transportation bill (SB 462) passed unanimously by lawmakers and signed by Gov. Ron DeSantis in June. The program’s sponsor, Rep. Fiona McFarland, R-Sarasota, said she proposed the measure after her own experience with pregnancy, explaining that while “pregnancy is not a disability,” she wanted to help women avoid long walks in the Florida heat.
Keller, a longtime disability advocate, said the law endangers people who rely on accessible parking, particularly those with conditions that make overheating life-threatening. “Pregnancy is uncomfortable. I get that. But these are not comparable things,” Keller said. “You are putting people in danger because of your inconvenience.”
The lawsuit names the Florida Department of Highway Safety and Motor Vehicles and its secretary, Dave Kerner, as defendants. It seeks to overturn the program or require separate designated spaces for expectant mothers without reducing existing disabled-parking availability.
Ali Moreland