Philip Gonzales Aug. 26, 2016, 3:20pm


GALVESTON — A disabled League City woman is suing a local property operator, alleging failure to uphold Americans with Disabilities Act regulations.

Omaira Boenker filed a lawsuit Aug. 10 in the Galveston Division of the Southern District of Texas against WFP Pecan Park LP in League City, alleging discrimination in denying her access to full and equal enjoyment of the goods, services and/or accommodations of the facility.

According to the complaint, on July 4, Boenker was a customer at Dollar Tree and The Teaching Cottage League City. The suit says Boenker attempted to reach the facility and the property but could not fully do so because of the physical barriers to access, dangerous conditions and ADA violations. 

The lawsuit states she suffered legal harm and legal injury, and will continue to suffer such harm and injury as a result of the illegal barriers to access. The plaintiff alleges the defendant failed to provide an accessible route connecting the facilities of the property, failed to provide accessible parking spaces and failed to remove barriers at the parking area.

Boenker seeks trial by jury, declaration WFP Pecan Park is in violation of the ADA and ADAAG, permanent injunction enjoining the defendant from continuing its discriminatory practices, an order requiring defendant to remove the physical barriers to access and to make it readily accessible to and usable by individuals with disabilities and all relief as the court deems just. She is represented by Craig J. Ehrlich of Ehrlich & Schapiro LLC in Atlanta.

Galveston Division of the Southern District of Texas Case number 3:16-cv-00213

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US District Court for the Southern District of Texas Galveston Division
601 Rosenberg Street
Galveston, TX 77550

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