The Overlooked Struggle of Disabled Drivers, EV Charging and Accessibility

By Terry Loerch, Publicist & Advocate

Imagine sitting down for dinner, enjoying a quiet evening, when something unusual catches your attention. Outside, a row of electric vehicle (EV) charging stations hums with activity, but one spot stands out, it’s marked as a handicap-accessible charging station, designated specifically for disabled drivers. Yet, as you watch, every vehicle plugged into it belongs to someone without a disability placard. No one seems to notice or care.

Then, a disabled driver arrives, hoping to charge their vehicle, only to be met with a long line of able-bodied drivers unwilling to step aside. The driver is left waiting, even though the spot was designed with accessibility in mind. The situation is frustrating, and while it seems wrong, it raises an important question: Is it actually illegal?

Are EV Charging Stations Covered Under ADA?

California has long been a leader in both accessibility and green energy, with some of the strictest disability laws in the country. Under the Americans with Disabilities Act (ADA) and California Vehicle Code (CVC) § 22511.5, any parking space designated for disabled individuals must be reserved exclusively for those with the appropriate placard or plates. However, the law becomes murky when it comes to EV charging stations.

The California Building Code (CBC) Title 24 mandates that public EV charging locations include ADA-compliant spots, ensuring that disabled drivers have access to charging infrastructure. While this is an important step, it doesn’t guarantee that the space will always be available to those who need it. Unlike traditional handicap parking spots, there are no clear enforcement policies preventing non-disabled drivers from occupying an accessible charging station.

Many businesses install these accessible chargers to meet compliance requirements. As a result, the designated space often becomes just another charging station, used by whoever arrives first, regardless of need. Without active enforcement or fines in place, disabled drivers are left at a disadvantage, with no real recourse if an able-bodied driver takes the spot.

Allowed to Charge, But No Priority

What makes this issue even more complicated is that handicap-accessible charging spots do not guarantee priority access for disabled drivers. While they are permitted to charge there, they must still wait in line like everyone else. This creates a frustrating contradiction, an EV driver with a disability might arrive at a station, only to find all the chargers occupied, including the one designed for accessibility. If there is a line of waiting vehicles, they are expected to take their place in the queue, just as they would at any other station.

While some might argue that this is fair, it undermines the very purpose of accessibility. A charging spot that can be freely used by non-disabled drivers but provides no priority to those with disabilities isn’t truly an accessible space.....it’s simply a regular charging station with a blue symbol painted on the ground. Without priority access or proper enforcement, these spots become performative rather than functional, leaving disabled EV drivers without the accommodations they actually need.

Beyond the legal gray area, this issue highlights a much larger oversight in EV infrastructure. The disability market is one of the largest in the world, with billions in annual spending power. Yet, despite this, most charging stations are not designed with disabled drivers in mind. Instead of making all charging stations accessible, businesses have opted to designate only a few, creating artificial scarcity. This not only limits options for disabled drivers but also creates unnecessary competition for the limited accessible spots that do exist.

Adaptive vehicles often require extra space for wheelchair ramps or other modifications, yet many charging station layouts fail to accommodate these needs. By designing every charging station to be fully accessible from the start, companies could tap into a massive and underserved market while ensuring equal access for all EV drivers. Instead of treating accessibility as an afterthought, EV charging networks should see it as a business advantage that benefits all drivers, not just those with disabilities.

For many disabled drivers, owning an electric vehicle is not just about sustainability, it’s about independence. Many rely on adaptive EVs to maintain their mobility, allowing them to work, run errands, and go about their daily lives without relying on others. When an able-bodied driver takes an accessible charging spot, they are doing more than just taking up space, they are actively denying someone else the ability to function.

This problem is similar to the abuse of handicap parking spaces, but with even greater consequences. A disabled EV driver can’t simply "park somewhere else", they need to charge their car, and without access to a station, their ability to travel is compromised. Inaccessibility at charging stations doesn’t just create inconvenience; it can strand a disabled driver, turning what should be a simple stop into a major disruption.

California and other states need to implement stronger policies to ensure real accessibility at EV charging stations. This means enforcing fines and penalties for non-disabled drivers who misuse accessible charging spots, just as they would for regular handicap parking violations. Businesses must take responsibility by ensuring their accessible charging stations are actually available to those who need them. Clearer signage, towing enforcement, and priority access rules should all be standard practice.

Beyond enforcement, the biggest change needs to be in infrastructure design. Instead of treating accessibility as an exception, every EV charging station should be accessible by default. There is no reason why disabled EV drivers should have to compete for a handful of designated spots when the technology exists to make all charging stations usable for everyone.

A Question for Readers

If you drive an electric vehicle, would you ever park in a handicap-accessible charging station just because it was open? Do you believe non-disabled drivers should face fines for using these spots? Should every EV charging station be designed for accessibility from the start, rather than making disabled drivers wait in line for a limited number of designated spots?

Accessibility isn’t just about following the law, it’s about ensuring equal opportunities for everyone. Let’s start having the conversation before this issue becomes yet another barrier to independence for disabled drivers.

What do you think? Let’s talk about it.