A Houston resident is taking legal action against a real estate partnership, alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible facilities. Kirk Mackey filed a complaint on November 28, 2025, in the United States District Court for the Southern District of Texas against B & G Real Estate Partnership. The lawsuit centers around alleged physical barriers at a property housing Galaxy Mart and Mr. K Donuts that prevent access for individuals with disabilities.
According to the complaint, Mackey, who uses a wheelchair for mobility, visited the property located at 7410 Fairbanks North Houston Road on August 14 and 15, 2025. During these visits, he encountered numerous accessibility issues that he claims violate Title III of the ADA. These issues include the absence of accessible parking spaces and ramps with excessive slopes that pose significant challenges for wheelchair users. Mackey argues that these barriers deny him full and equal enjoyment of the services offered at these establishments.
Mackey’s lawsuit emphasizes his dual role as both a customer and an advocate for disability rights. He describes himself as a “tester” whose mission is to ensure compliance with ADA standards across public accommodations. His advocacy aims to improve accessibility not only for himself but also for others facing similar challenges. The complaint highlights Mackey’s intention to revisit the property once the identified barriers are removed to confirm compliance and continue his advocacy efforts.
The legal filing details specific ADA violations observed by Mackey during his visits. Among them are inadequate parking facilities, obstructed pathways due to poorly placed fixtures like air-pump machines, non-compliant restroom features such as missing grab bars and improperly positioned mirrors, and inaccessible entrance thresholds across various units within the property. These conditions collectively contribute to what Mackey describes as “dangerous conditions” that limit access for individuals with disabilities.
Mackey seeks several forms of relief from the court, including an injunction requiring B & G Real Estate Partnership to remove all physical barriers identified in his complaint and make necessary modifications to comply with ADA standards. Additionally, he requests reasonable attorney’s fees and litigation costs associated with pursuing this case.
Representing Mackey is attorney Douglas S. Schapiro from The Schapiro Law Group based in Boca Raton, Florida. The case has been assigned Case No. 4:25-CV-05733 in front of judges from the Southern District of Texas.
Source: 425cv05733_Kirk_Mackey_v_B_&_G_Complaint_Southern_District_of_Texas.pdf
