John Suayan Jul. 11, 2016, 10:08am


A recent civil rights lawsuit alleges that Prospect Park Sports Bar in Houston has “architectural barriers that discriminate against individuals with mobility impairment disabilities.”

According to the suit filed late last month by Ronald Roberson and Don’t Dismyabilities, Inc. against the bar’s owners, New Richfountain Properties, Inc. and Prospect Concessions LLC, in Houston federal court, Roberson visited the facility only to encounter inaccessible parking and a lack of an accessible route to, into, and throughout the property.

Roberson has a disability caused by a spinal cord injury and uses a wheelchair while DDMA is a nonprofit organization of individuals with disabilities who are mobility impaired. The case was amended on July 7.

Attorney Ken Carden of the Dallas law firm Carden Law PLLC, the plaintiffs’ lead counsel, told The Southeast Texas Record that Prospect Park was extensively remodeled and did not file the plans with the Texas Department of Licensing and Regulation as required by state law to insure that it complied with state accessibility standards.

“We gave notice about the parking and accessible route issues more than a year ago and the property owner stated that no suit was necessary and they would fix the issues,” explained Carden.

The suit further asserts that Prospect Park has been under the obligation to comply with the Americans with Disabilities Act and the Texas Architectural Barrier Act since January 26, 1992.

“Since that time it has failed to remove barriers from the property and provide correct parking and accessible routes from the parking to its public accommodation’s entrances,” court papers state.

They show that Carden unsuccessfully tried to get the respondents to achieve compliance, adding the attorney visited Prospect Park a few times to find the parking and route again ignored.

“What is clear is that the defendants have been given multiple chances to remediate Prospect Park for more than a year and failed to remove barriers where it would cost very little, but are a major impediment to individuals with disabilities like Mr. Roberson and DDMA’s members who use wheelchairs for mobility,” the complaint says.

The suit seeks to have the respondents remove the barriers in addition to $300 for each defendant.

Houston Division of the Southern District of Texas Case No. 4:16-CV-01937

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