SHERMAN — A Texas handicapped veteran is suing designers and contractors, alleging failure to uphold Americans with Disabilities Act regulations.
Jason Morgan filed a complaint June 29, in the Sherman Division of the Eastern District of Texas against NTS Architects & Planners, Inc., Western Rim Investors 2013-3 LP, and Newport Classic Homes LP, alleging that they violated the accessibility requirements of the Fair Housing Act and Title VIII of the Civil Rights Act.
According to the complaint, when Morgan visited defendants' property, he observed there were accessibility problems at their facilities at 7700 Cody Lane in Sasche. The existence of barriers and the lack of accessible features deterred him from renting an apartment and he cannot independently use the property, the suit says, and Morgan has been injured by the defendants' discriminatory practices.
The plaintiff alleges the defendants failed to design and/or construct the apartment with accessible and adaptable features for people with disabilities and failed to design and/or construct public and common-use areas that are readily accessible to and usable by people with disabilities.
Morgan seeks a trial by jury, declaration the defendants were in violation of the specific requirements of the FHA, damages incurred as a result of the defendants' discriminatory housing practices, reasonable attorney fees, legal suit and for other relief the court deems just. He is represented by attorney Eric G. Calhoun of Calhoun & Associates in Richardson.
Sherman Division of the Eastern District of Texas Case number 4:16-cv-00454