A woman who uses a wheelchair for mobility is suing after she was unable to enter a car dealership.
Oralia Diaz filed suit July 24 in the Houston Division of the Southern District of Texas against DealerTrack Inc., doing business as King of Cars.
According to the complaint, Diaz suffers from mobility issues as a result of polio at a young age. She was visiting the defendant's car lot at 3401 Spencer Highway, Pasadena, in June to purchase a new car when she was unable to enter the facility due to the lack of an access ramp for her wheelchair, the suit states.
The Americans with Disabilities Act requires an accessible entrance, but there is no entrance for people who use wheelchairs and the curbs are high. Diaz claims she spoke with several employees regarding the issue, but her requests were either refused or ignored, the filing states.
These barriers have denied the plaintiff full and equal access to, and enjoyment of, the goods and services of King of Cars. The barriers have also been frustrating, embarrassing and injurious to Diaz, according to the claim.
The defendant is accused of violating the Americans with Disabilities Act.
Diaz is seeking a permanent injunction against the defendant to eliminate barriers preventing her from accessing goods and facilities, a declaratory judgement that barriers used by the defendant are in violation of the ADA, damages in the amount of at least $300 per violation, plus costs.
She is being represented by Houston attorneys Amin Alehashem, Joseph P. Berra and James C. Harrington of the Texas Civil Rights Project.
Houston Division of the Southern District of Texas Case No. 4:14-cv-02116.
This is a report on a civil lawsuit filed in the Houston Division of the Southern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.