A Houston resident who uses a wheelchair is seeking court intervention to address alleged barriers to access at a local shopping center, citing violations of federal disability law that could affect many in the community. The complaint was filed by Kirk Mackey on March 27, 2026, in the United States District Court for the Southern District of Texas against Brixmor Holdings 12 SPE, LLC.
According to the filing, Mackey claims that his ability to access and enjoy businesses located at 5502 North Freeway in Houston—including Supermercado El Rancho—was denied or limited due to physical obstacles that violate the Americans with Disabilities Act (ADA) and its Accessibility Guidelines. The defendant, Brixmor Holdings 12 SPE, LLC, is identified as the owner or co-owner of the property where these businesses operate.
The complaint outlines Mackey’s personal experience as both a customer and an advocate for people with disabilities. He states that he visited the property twice before November 20, 2025—the date of his most recent visit—and lives less than eight miles away. As someone who requires a wheelchair for mobility and is substantially limited in walking and standing, Mackey alleges he encountered multiple barriers during his visits. He also describes himself as an independent advocate and “tester” aiming to ensure public accommodations comply with ADA requirements.
Mackey lists specific issues at various locations throughout the shopping center. These include accessible parking spaces lacking proper signage; ramps that are too steep or lack edge protection; curb ramps protruding into access aisles; ground surfaces with vertical rises or potholes; storm drains with slits wider than allowed; shopping cart corrals blocking access aisles; restroom facilities without adequate clearance or reachable amenities; and sales counters exceeding maximum allowable heights for accessibility. For example, he reports that “the accessible curb ramp is improperly protruding into the access aisle of the accessible parking spaces,” which he says violates Section 406.5 of ADA standards and makes it dangerous for him to enter or exit his vehicle.
The lawsuit emphasizes that these conditions not only limit Mackey’s own use but also deter him from returning as a customer until improvements are made: “Plaintiff is deterred from returning as a customer until the barriers to access identified in this Complaint are removed.” The filing asserts that all buildings on the property qualify as public accommodations under federal law and should have been compliant since significant renovations were completed in 2014.
Citing sections of federal statutes and regulations, Mackey argues that removal of these barriers is “readily achievable” without significant difficulty or expense for Brixmor Holdings 12 SPE, LLC. He notes both tax credits and deductions available for such modifications and points out that “the Appraised value of the Property is $25,556,330.00.”
Mackey requests several forms of relief from the court: a finding that Brixmor Holdings 12 SPE violated ADA standards; a permanent injunction barring continued discriminatory practices; an order requiring removal of physical barriers so that individuals with disabilities can fully use and enjoy all facilities on site; reasonable attorney’s fees and litigation costs; and any further relief deemed just by the court.
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-02469.
Source: 426cv02469_Kirk_Mackey_v_Brixmor_Holdings_Complaint_Southern_District_of_Texas.pdf
