Plaintiff Alleges Local Property Owner Violates ADA Due to Accessibility Barriers

Bob Casey Federal Courthouse
Bob Casey Federal Courthouse
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Erik Garcia, a resident of Houston, Texas, has filed a lawsuit against KNA Bellaire LLC, alleging violations of the Americans with Disabilities Act (ADA) due to numerous accessibility barriers at a property owned by the defendant. The complaint was lodged in the United States District Court for the Southern District of Texas on February 16, 2026. Garcia accuses KNA Bellaire LLC of failing to remove physical barriers that prevent access to individuals with disabilities at a property located on Bellaire Road in Houston.

The case revolves around Garcia’s experiences as a wheelchair user who encountered significant challenges when attempting to access businesses situated on the property owned by KNA Bellaire LLC. Specifically, Garcia visited “Mama Mia Fusion West” and later attempted to visit “Silver Palace Chinese Buffet,” both located at 4007 Bellaire Road. During these visits, he faced multiple obstacles that limited his ability to enjoy the services offered. These barriers included improperly sloped parking spaces and access aisles, inaccessible curb ramps protruding into parking areas, missing signage for accessible parking spaces, and lack of an accessible route from public sidewalks.

Garcia’s complaint outlines various violations under Title III of the ADA and the ADA Accessibility Guidelines (ADAAG). He asserts that these issues not only deterred him from accessing the property but also posed safety risks due to unlevel surfaces and inadequate facilities. The plaintiff argues that despite any leasing agreements between KNA Bellaire LLC and its tenants regarding ADA compliance within individual units, the responsibility for ensuring overall accessibility rests with the property owner.

The lawsuit seeks injunctive relief requiring KNA Bellaire LLC to rectify these accessibility barriers promptly. Additionally, Garcia requests reasonable attorney’s fees and litigation costs as part of his legal action. The complaint emphasizes that removing these barriers is readily achievable without significant difficulty or expense given the property’s value and available tax incentives for accessibility modifications.

Representing Erik Garcia is attorney Douglas S. Schapiro from The Schapiro Law Group based in Boca Raton, Florida. The case is presided over by judges in the Southern District of Texas under Case No. 4:26-CV-01235.

Source: 426cv01235_Erik_Garcia_v_Kna_Bellaire_Complaint_Southern_District_of_Texas.pdf


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