Florida Faces Federal Lawsuit Over New Pregnant Parking Law

Wheelchair parking space

Photo: luoman / E+ / Getty Images

FLORIDA - A new Florida law allowing pregnant women to use handicap parking spaces is facing a federal lawsuit from disability rights advocates who claim it violates the Americans with Disabilities Act (ADA).

The “Expectant Mother Parking Permit” program, part of Senate Bill 462 signed by Governor Ron DeSantis, allows pregnant women to obtain a temporary handicap parking placard for $15 with a doctor’s note confirming pregnancy.

The permit lasts up to one year and grants access to parking spaces reserved for people with disabilities.

The lawsuit, filed October 27 in the U.S. District Court for the Northern District of Florida, was brought by Olivia Keller, a Leon County resident with disabilities.

Keller alleges the law reduces access to van-accessible parking and makes it harder for disabled individuals to participate in work, medical, and community activities.

Attorney Matthew Dietz, representing Keller, argues the law conflicts with the ADA, which prohibits exclusion or discrimination against qualified individuals with disabilities.

Federal and state regulations require a minimum number of handicap spaces, generally between two and four percent of total parking spots.

State Representative Fiona McFarland, who introduced the measure, said she proposed it after experiencing the difficulty of walking long distances while nine months pregnant.

She stated her intention was to support pregnant women, not take spaces away from people with disabilities.

The lawsuit names the Florida Department of Highway Safety and Motor Vehicles and Secretary Dave Kerner as defendants.

The court’s decision could determine whether the law remains in effect or must be revised to comply with federal accessibility standards.


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