In a compelling legal battle over accessibility rights, a Houston resident has taken action against a property owner for alleged violations of the Americans with Disabilities Act (ADA). Kirk Mackey filed a complaint in the United States District Court for the Southern District of Texas on February 20, 2026, accusing Y & J Properties, Ltd. of failing to remove physical barriers that impede access for individuals with disabilities at a local restaurant.
The case centers around Mackey’s visit to Roostar Vietnamese Grill located at 1411 Gessner Road in Houston. As an individual who relies on a wheelchair for mobility, Mackey claims he encountered numerous obstacles that prevented him from fully accessing and enjoying the services offered by the establishment. These barriers included improperly designed parking spaces, non-compliant ramps, and inadequate restroom facilities—all in violation of ADA guidelines. “Plaintiff’s access…and/or full and equal enjoyment of the goods, services…were denied and/or limited because of his disabilities,” states the complaint.
Mackey is not only seeking redress for himself but also advocates on behalf of similarly situated individuals. He argues that Y & J Properties, Ltd., as the owner or co-owner of the property where Roostar operates, bears responsibility for ensuring ADA compliance both inside and outside their premises. Despite any lease agreements with tenants like Roostar, Mackey asserts that Y & J Properties must independently adhere to federal accessibility standards across all areas accessible to the public.
The plaintiff outlines specific violations observed during his visit—such as inaccessible parking arrangements and restroom configurations—that hindered his ability to safely navigate through these spaces. Furthermore, he emphasizes how these issues pose significant safety risks due to uneven surfaces or inadequate maneuvering clearances required by wheelchair users.
To rectify these alleged shortcomings under Title III of the ADA (42 U.S.C §12181 et seq.), Mackey requests injunctive relief compelling Y & J Properties to remove existing physical barriers promptly while implementing necessary modifications outlined within ADA Accessibility Guidelines (ADAAG). Additionally, he seeks compensation covering reasonable attorney fees incurred throughout this litigation process alongside other related expenses deemed justifiable given prevailing circumstances surrounding this matter.
Representing Kirk Mackey is attorney Douglas S. Schapiro from The Schapiro Law Group P.L., based out of Boca Raton Florida; they are pursuing justice before Judge presiding over Case No.: 4:26-CV-01421 within Texas’ Southern District Court jurisdictional boundaries.
Source: 426cv01421_Kirk_Mackey_v_Y_&_J_Complaint_Southern_District_of_Texas.pdf
