Church's Chicken sued over claims restroom is inaccessible to wheelchair-users

By Kelly Holleran | Jul 29, 2014

A woman is suing over claims the bathroom in a fast food restaurant was inaccessible with her wheelchair.

Nimat Abdullah filed a lawsuit July 24 in the Houston Division of the Southern District of Texas against BAH Texas LLC, doing business as Church's Chicken, citing violations of the Americans with Disabilities Act. 

According to the complaint, Abdullah, who has a physical disability and uses a wheelchair, ordered food at Church's Chicken on South Post Oak Road in May or June, and then attempted to use the restroom, where she found the door too narrow for wheelchair access and the stalls too narrow, without the required grab handles, despite the wheelchair-accessible sign on the door.

Abdullah says she was forced to leave her wheelchair outside the restroom, which was possible for her but increased her strain and risk of injury, in order to avoid embarrassment.

The claim accuses Church's Chicken of violating Title III of the Americans with Disabilities Act, the Texas Accessibility Standards under the Texas Architectural Barriers Act, and Chapter 121 of the Texas Human Resources Code.

Abdullah is seeking a permanent injunction requiring the defendant to resolve all violations and make the establishment fully accessible to people with physical disabilities.

She is being represented in the case by attorneys Amin Alehashem, Joseph C. Berra and James C. Harrington of the Texas Civil Rights Project in Houston.

Houston Division of the Southern District of Texas Case No. 4:14-cv-02118.

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 only represents one side of the story.

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