Local strip mall property settles ADA allegations
For Immediate Release
U.S. Attorney's Office, Southern District of Texas
HOUSTON – The owners of a property known as A-S 76 on Highway 290 have settled allegations under Title III of the Americans with Disabilities Act (ADA) to remove barriers and greatly improve physical accessibility, announced U.S. Attorney Ryan K. Patrick.
The United States initiated an investigation into A-S 76 Hwy 290 Bingle L.P. as part of a compliance review of strip shopping centers after receiving a complaint regarding a similar property. The investigation revealed that physical barriers existed at various locations in the parking lot and access points of the shopping center.
The settlement agreement requires the property owner to remedy all access barriers within six months.
Under the ADA, persons with disabilities shall be afforded the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages or accommodations equal to that afforded to other individuals. Title III mandates that no individual shall be discriminated against on the basis of a disability by any person who owns, leases or operates a place of public accommodation.
The Bingle Property is a place of public accommodation. As such, the owner is subject to Title III requirements.
The United States Attorney is authorized to commence a civil action, when he believes discrimination exists, seeking full compliance with the ADA, including requiring the owners and operators of places of public accommodations to remedy the violations.
The owner denies the allegations that it violated the ADA, but agreed to remedy all the alleged violations the United States has identified.
Assistant U.S. Attorneys Keith Edward Wyatt and Annalisa Cravens handled this investigation with the assistance of Paralegal Specialist Raymond Babauta.
Updated May 11, 2020