A local resident is seeking a court order requiring a Vietnamese restaurant and its property owner to remove physical barriers that allegedly prevent equal access for people with disabilities. The complaint claims that architectural features at the restaurant’s location make it difficult or impossible for wheelchair users to patronize the business, raising concerns about compliance with federal disability law.
The lawsuit was filed by Erik Garcia in the United States District Court for the Southern District of Texas on March 16, 2026, naming Federal/Main Line Properties Limited Partnership and Viet Nom Noms Restaurants LLC as defendants.
According to the complaint, Garcia is a Houston resident who uses a wheelchair for mobility and is substantially limited in several major life activities. He states that he visited Viet Nom Noms, located at 5221 Bellaire Blvd., Bellaire, Texas, on October 16, 2025. After this visit, Garcia attempted to return but was unable to do so because “the parking lot was full and there was no access route leading from the parking lot to the entrances.” The filing asserts that these conditions deterred him from returning until barriers are removed.
Garcia describes himself as both a customer and an independent advocate for disabled persons’ rights. He says he has visited the property four times before as both a customer and an advocate monitoring compliance with disability laws. The complaint notes his intent to revisit once accessibility issues are addressed: “Plaintiff intends on revisiting the Property…to determine if and when the Property is made accessible.”
The document identifies Federal/Main Line Properties Limited Partnership as owner or co-owner of the real property where Viet Nom Noms operates, while Viet Nom Noms Restaurants LLC is described as lessee or sublessee of that space. The plaintiff argues that both parties share responsibility under federal law for ensuring public accommodations are accessible.
The legal basis for Garcia’s claims rests on Title III of the Americans with Disabilities Act (ADA) and its Accessibility Guidelines (ADAAG). The complaint outlines several alleged violations at the site:
– Absence of any accessible parking spaces among 31 total spaces in violation of ADAAG standards.
– Lack of an accessible ramp or clear route from parking areas due to raised curbs and blocked pathways.
– A vertical rise exceeding one-quarter inch between units along what should be an accessible route.
– Restroom door hardware requiring tight grasping or twisting not compliant with accessibility standards.
– Placement of trash cans blocking required clear floor space near restroom fixtures and doors, impeding maneuverability for wheelchair users.
The filing states: “Defendants…have discriminated against Plaintiff (and others with disabilities) by denying his access to, and full and equal enjoyment of…the Property.” It further contends that removal of these barriers is “readily achievable” given recent renovations at the property—citing county records indicating significant remodeling in 2017—and available tax incentives for accessibility improvements.
Garcia requests several forms of relief from the court: a finding that defendants violated federal law; issuance of a permanent injunction barring continued discriminatory practices; an order requiring removal of physical barriers; attorneys’ fees; litigation expenses; costs; and any other relief deemed just by the court. The complaint asserts: “Plaintiff’s requested relief serves the public interest,” arguing that benefits would outweigh any detriment to defendants.
The case was filed by attorney Douglas S. Schapiro of The Schapiro Law Group, P.L., based in Boca Raton, Florida. The case number is 4:26-CV-02116.
Source: 426cv02116_Erik_Garcia_v_Federal:Main_Complaint_Southern_District_of_Texas.pdf