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Seyfarth Synopsis: A plaintiff with a mobility disability sued the Florida government claiming that pregnancy parking permits violate ADA Title II and the Rehabilitation Act.
In July 2025, the Florida legislature passed a law allowing pregnant women to park in accessible parking spaces which federal law requires for the exclusive use of people with disabilities. Some in the disability community are not pleased, and one is mounting a legal challenge.
Section 320.0849 of the Florida Statutes authorizes the issuance of "Expectant Mother Parking Permits" that are valid for a year for a $15 fee. Legislative sponsors acknowledged that pregnancy is not a disability, but argued that the measure would provide convenience for expectant mothers.
On October 27, 2025, plaintiff Olivia Keller filed a lawsuit alleging that the new law violates Title II of the Americans with Disabilities Act (ADA) as well as Section 504 of the Rehabilitation Act. These laws prohibit disability discrimination by state governments and recipients of federal assistance, respectively. Keller uses a power wheelchair and claims that the law exacerbates the existing shortage of accessible parking. She argues that, by allowing individuals without disabilities to park in accessible parking spaces, the state of Florida has reduced the number of federally mandated accessible parking spaces under the ADA Standards for Accessible Design and effectively excluded her from accessible parking. She seeks a declaration that the state law violates federal law and an injunction to invalidate issued permits and stop new ones from being issued.
This case raises a number of issues, including Article III standing, the Supremacy Clause, and preemption. Stay tuned for further updates.
Edited by: Kristina M. Launey
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