A lawsuit has been filed claiming that a Houston shopping center fails to provide adequate access for individuals with disabilities, highlighting ongoing concerns about compliance with federal accessibility laws. The legal action alleges that physical barriers at the property prevent wheelchair users from safely and equally accessing businesses located there.
The complaint was filed by Kirk Mackey in the United States District Court for the Southern District of Texas on March 13, 2026, naming 10001 Long Point Shopping Center, LLC as the defendant.
According to the filing, Mackey is a resident of Houston who uses a wheelchair and is substantially limited in major life activities such as walking and standing. The plaintiff states he attempted to visit “USA Liquor,” a business at 10001 Long Point Road, on November 8, 2025, but was unable to access the store due to barriers blocking use of the only accessible ramp. A second attempt on January 8, 2026 also failed because of a three-inch vertical rise at the ramp which made entry impossible for him.
The complaint identifies 10001 Long Point Shopping Center, LLC as the owner or co-owner of the property where USA Liquor operates. Mackey claims his inability to access goods and services at this location constitutes discrimination under Title III of the Americans with Disabilities Act (ADA), which requires public accommodations to remove architectural barriers when it is readily achievable.
Mackey asserts that he lives less than six miles from the property and frequently passes by it. He describes himself not only as a customer but also as an independent advocate for disability rights and an ADA “tester,” visiting public places to monitor compliance. He pledges to return once barriers are removed both as a customer and for advocacy purposes.
The complaint lists numerous alleged violations of ADA Accessibility Guidelines (ADAAG) at the property. These include lack of marked access aisles in accessible parking spaces; parking spaces with excessive slopes; absence of van-accessible signage; ramps with dangerous vertical rises; ramps lacking edge protection; ramps protruding into parking spaces so vehicles can block access; doorway thresholds with excessive rises; maneuvering clearances that are not level; gaps in ground surfaces wide enough to trap wheelchair wheels; ramps that are too steep; and general failure to maintain policies ensuring accessibility.
Mackey argues these conditions make it unsafe or impossible for him and others using wheelchairs to enter stores or use facilities at the shopping center. He states: “Plaintiff’s inability to fully access the Property and the stores within in a safe manner … constitutes an injury in fact as recognized by Congress.”
The suit further claims that removing these barriers is “readily achievable” without significant difficulty or expense, citing both regulatory guidance and tax incentives available for accessibility improvements. The plaintiff notes that according to public records, the appraised value of the property exceeds $1 million, suggesting resources are available for modifications.
Mackey requests several forms of relief from the court: a finding that 10001 Long Point Shopping Center, LLC violated federal law; issuance of a permanent injunction requiring removal of all identified physical barriers; an order mandating alterations necessary for compliance with ADA standards; reimbursement for attorney’s fees and litigation costs; and any other relief deemed appropriate 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-02031.
Source: 426cv02031_Kirk_Mackey_v_10001_Long_Point_Complaint_Southern_District_of_Texas.pdf
