DOVER – Less than a year after legislation to simplify the process of obtaining ADA placards and license plates was signed into law, the General Assembly voted to pass a piece of legislation to further improve accessible parking in Delaware.
Sponsored by Representative DeShanna Neal and Senator Nicole Poore, HS 2 for House Bill 48 w/HA 1 aims to better regulate, define, and enforce accessible parking spaces in our state.
While federal and state laws currently require specific design and construction requirements for accessible spaces, those laws are often ignored and rarely enforced.
“The unfortunate reality is that the majority of parking lots in Delaware are noncompliant with the ADA,” said Marissa Band, Disabilities Law Program Project Director with Delaware Community Legal Aid Society, Inc.
“An informal survey done for the State Council for Persons with Disabilities found that at least 65% of the 70+ lots surveyed were noncompliant. Of the 145 parking lots surveyed by Disability Rights Delaware during 2024 poll monitoring, 55% failed at least one element of accessible parking spots.”
HB 48 ensures that the laws surrounding parking accessibility are enforced by requiring that the local county or municipal authority issues a permit to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA).
“Accessible parking spots exist for a reason,” said Rep. DeShanna Neal.
“As a disabled person, I can assure you that myself and my fellow community members are not asking for anything special. We simply want to be seen as any other Delawarean and given the ability to access all that our able-bodied neighbors can access.”
In lieu of a permit, state facilities are required to obtain approval through the Architectural Accessibility Board.
In order to avoid further avoidance of accessibility laws, HB 48 also permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces.
“Parking spaces that are not compliant means no access to commerce, and no access to the fundamental things. Whether it’s grocery shopping, eating at a restaurant, or enjoying being fully a part of the community,” said John McNeal, Director of State Council for Persons with Disabilities.
“Imagine your child being invited to a birthday party, at an indoor fun center or arcade and not being able to attend the party with them and have fun together because you can’t find parking. The creation and enforcement of ADA compliant parking is a very minimum ask, for the sake of equity and dignity on behalf of the disabled community.”
If an existing accessible parking space is not ADA compliant within 5 years of this legislation going into effect, a civil penalty can be assessed against the individual or entity responsible for maintaining the space.
“Accessibility should not be viewed as a courtesy, but as a civil right,” said Sen. Nicole Poore, Senate prime sponsor of HB 48.
“This legislation is about holding ourselves accountable to the standards we claim to uphold, and ensuring that all Delawareans – including our neighbors, friends, and family members with disabilities – can safely and confidently access our shared spaces. For too long, enforcement has been inconsistent and insufficient, and HB 48 helps us correct that. I thank Rep. Neal for their leadership in the House, and I’m proud to champion this legislation in the Senate as we work to improve and maintain the standards set by the ADA.”
Any person who parks in an accessible parking space who does not have a special license plate or placard will be fined $250 for their first offense. For any subsequent offenses, they will be charged $500 or community service.
The previous non-monetary penalty for this violation was imprisonment.
All accessible parking space signs must display the current maximum fine.
HB 48 was passed unanimously by the Senate on June 30th, 2025. It now heads to the governor’s desk.
