A new law in Florida allows pregnant women to get disabled parking permits for a year. It’s the most expansive law of its kind in the country, and is already the target of a lawsuit by disabled advocates who say it erodes their federally protected rights.
So far, 8,031 such "expectant mother" permits have been issued as of late November, according to data WUSF received from the Florida Department of Highway Safety and Motor Vehicles (FHSMV).
“It’s going to create really big problems for disabled people,” said Oliva Keller, 49, who is suing FHSMV, alleging Florida’s law violates the 1990 Americans With Disabilities Act, which guarantees a level of disabled parking access – often between 2% and 4% of available spaces.
Keller, who was born without arms and uses a motorized wheelchair when driving, said parking access is already a challenge.
“Imagine that every day of your life is Black Friday and you’re going around a parking lot and trying to find a space,” she said. “It’s not uncommon that I have to build hours into my day to accommodate that. In disabled spaces, we call it parking anxiety.”
According to the lawsuit filed in U.S. District Court in Tallahassee, “federal and state law set the minimum number of required spaces for persons with qualified disabilities, but the need for such spaces far outstrips the number of spaces provided.”
There are 1.3 million drivers with permanent disabled permits in Florida, making up about 7% of drivers in a state with around 18.5 million licensed motorists, according to case documents.
“When federal law requires something like 2% accessible spaces for people with disabilities and defines what a person with a disability is, then those people are entitled to those spaces,” said Matthew Dietz, professor of law and director of the disability inclusion and advocacy Law Clinic at Nova Southeastern University College of Law.
Dietz is representing Keller in the case.
“This is not a case about convenience. This is a case about federal law versus state law, and Florida cannot supersede the meaning of a federal statute," Dietz said.
The lawsuit demands a permanent injunction, asking the state to rescind the law and invalidate expectant mother parking permits in disabled spaces, and seeks repayment of Keller’s attorney costs.
The idea came from state House Rep. Fiona McFarland, a Sarasota Republican. Anyone who is pregnant can apply with a note from an obstetrician, regardless of pregnancy-related health conditions.
“As someone who was pregnant in the Florida hot summer, I struggled as I sweat and waddled across a parking lot nine months pregnant in September to get to where I needed to go, and walked past all of these handicap spots that were vacant,” McFarland said in March at a House subcommittee meeting.
“And rather than complain about a problem without a solution, I realized that I had it within my power to help women like me to not have to walk uncomfortably for such a long distance.”
Asked by a fellow lawmaker if she could clarify her stance on whether pregnancy constitutes a disability, McFarland replied: “I feel very strongly that pregnancy is not a disability. I just want to be able to park up front.”
Laughter is heard throughout the chamber. The issue was tucked into a larger transportation bill that easily passed.
“It wasn’t funny to me. It was incredibly offensive,” Keller said. “There is no discussion of disabled people in a conversation about disabled parking.”
McFarland did not respond to a request for comment.
Other states are considering similar legislation, as part of a larger push to pass pro-family policies nationwide. Illinois has already passed a law that allows women in their third trimester to apply for a temporary disabled parking permit.
Patrick T. Brown, a fellow at the Ethics and Public Policy Center, a conservative think tank in Washington, D.C., worked on crafting the language.
He has spoken to legislators in a number of states, “but I did not talk to anyone involved in the Florida legislation (which, at a permit length of one year, is twice as long as the idea I’ve been talking to other lawmakers about),” he wrote in an email to WUSF.
“I don’t think accommodating the needs of those with disability and pregnant moms is a zero-sum proposition and that we can be creative about the right way to recognize the unique needs of those in our communities who have vulnerabilities.”
Two women who have taken advantage of the program and agreed to be interviewed by WUSF said they used the accessiible spaces while pregnant during the hot Florida summer and also after their babies were born.
“If there were multiple disabled parking spots that were already filled, I didn’t use it in that regard,” said Michelle Henagin, 35, who lives in Central Florida. “I would always be cognizant of my surroundings and only use it if I needed it that day.”
Now that she has a baby with her, “I have used it a few times, again, mostly because when I've parked in certain spots that I can't get my car seat in and out because people park so close sometimes,” she said.
Destine Light, 31, of Lakeland, gave birth in August.
“It definitely came in handy, especially as I got further along. Just, you know, the walking became unbearable,” Light said.
She said she only occassionally uses the parking spots now.
“If I have my baby in a car and I see that there is a disabled parking spot, I'll take advantage of it then. But half the time I don't really use it,” she said.
