Southeast Texas Record

Thursday, April 9, 2020

Disabled woman accuses property operators of discrimination

By Philip Gonzales | Sep 7, 2016

Wheelchair 07

GALVESTON — A League City disabled woman is suing owners of a Houston property, alleging disability discrimination.

Omiara Boenker filed a lawsuit Aug. 16 in Galveston Division of the Southern District of Texas against Diana Super Inc., Mawal Enterprises LLC and Dobbin-Highland Inc. alleging denial of her full and equal enjoyment of the goods, services and/or accommodations of their facility.

According to the complaint, in June 2016, Boenker was a customer at the defendants' Diana's Food Mart properties at 1203 Bay Area Blvd., Houston, but was denied the opportunity to access their facility due to the physical barriers. The suit says Boenker has suffered and will continue to suffer irreparable harm unless and until the physical barriers and dangerous conditions that exist at the property are removed. 

The plaintiff alleges the defendants failed to remove the architectural barriers and denied her the full and equal enjoyment of the goods, services accommodations offered therein.

Boenker seeks trial by jury, a permanent injunction enjoining the defendants from continuing their discriminatory practices, an order requiring the defendants to alter their facility and make it readily accessible to and usable by individuals with disabilities, plus attorney fees, litigation expenses and costs and all relief deemed proper. She is represented by attorney Craig J. Ehrlich of Ehrlich & Schapiro LLC in Atlanta.

Galveston Division of the Southern District of Texas Case number 3:16-cv-00222

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Organizations in this Story

US District Court for the Southern District of Texas Galveston DivisionDiana Super