Customer and disability advocate sues property owner over alleged ADA violations at restaurant site

Bob Casey Federal Courthouse
Bob Casey Federal Courthouse
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A federal lawsuit claims that customers with disabilities face ongoing barriers at a Houston restaurant property, highlighting alleged failures to comply with the Americans with Disabilities Act. The suit, filed by Erik Garcia in the United States District Court for the Southern District of Texas on March 26, 2026, names GAG/REDDY Family Limited Partnership, LP as the defendant and seeks to compel changes to make the property accessible.

According to the complaint, Garcia is a Houston resident who uses a wheelchair and regularly visits Taqueria Arandas at 9401 S. Main Street. The filing states that Garcia is both a customer and an independent advocate for disabled individuals, describing his efforts as including “monitoring, determining and ensuring whether places of public accommodation are in compliance with the ADA.” The lawsuit asserts that Garcia’s access to goods and services at the property was denied or limited due to his disabilities, and that he will continue to be affected unless physical barriers are removed.

The complaint outlines specific allegations regarding architectural features at the property that allegedly violate Title III of the Americans with Disabilities Act (ADA) and its Accessibility Guidelines (ADAAG). These include vertical rises in excess of one quarter inch on accessible routes, unstable or broken surfaces, gaps exceeding three-quarters of an inch along walkways that could trap wheelchair wheels, sloped walking surfaces without required handrails, missing signage for accessible parking spaces, lack of marked access aisles in parking areas adjacent to Taqueria Arandas, steep ramps without edge protection or proper handrails, and restrooms lacking compliant grab bars or clear floor space.

Garcia claims he has visited the property more than three times before as both a customer and an advocate for disabled rights. He states his intention to return within six months after any identified barriers are removed. The complaint also notes that although Garcia did not personally encounter every listed barrier during each visit, he became aware of all cited issues prior to filing and argues that all must be addressed “to ensure Plaintiff will not be exposed to barriers to access and legally protected injury.”

The legal arguments reference congressional findings about discrimination against people with disabilities as outlined in 42 U.S.C. § 12101(a), noting that Congress intended for public accommodations like restaurants to eliminate such barriers by January 1992 (or January 1993 under certain conditions). The plaintiff contends that removal of these obstacles is “readily achievable” based on their nature and cost. According to the filing, “the appraised value of the Property is $13,717,070.00,” suggesting sufficient resources exist for compliance. The complaint also mentions potential tax credits available for accessibility modifications.

Garcia seeks several forms of relief from the court: a finding that GAG/REDDY Family Limited Partnership violated federal law; 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 suit emphasizes irreparable harm suffered by Garcia due to ongoing inaccessibility and argues that correcting these issues serves both individual rights and public interest.

The case was filed by attorney Douglas S. Schapiro of The Schapiro Law Group. It is identified as Case No. 4:26-CV-02452.

Source: 426cv02452_Erik_Garcia_v_GAG_REDDY_Complaint_Southern_District_of_Texas.pdf



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