WICHITA FALLS, Texas -- A federal judge has ruled that a Texas heritage society was a Scrooge when it denied a girl in a wheelchair access to a historic house to see Santa Claus in 2004.Judge William Sanderson ruled last week that the Wichita County, Texas Heritage Society showed "studied indifference" to the Americans with Disabilities Act when it denied the then-6-year-old girl access to a Christmas event that year at the historic Kell House in Wichita Falls.By barring Kaelei Kennedy, who is confined to a wheelchair because of a genetic disease, the society violated the ADA by denying access, Sanderson ruled June 24, siding with Kaelei and her family.The family did not request monetary damages, but a hearing July 21 will likely require the heritage society to comply with ADA guidelines and determine payment of attorneys' fees."We are very, very happy there has been has been some justice," said Shamayn Kennedy, Kaelei's mother. "We feel it's not just a win for our daughter, but for all people with a disability. It benefits a huge population getting left out."In the suit, her mother claimed Kaelei was denied access to Santa, even though the family suggested options other than the child going into the building.The suit claimed Howard Morris, executive director of the society at the time and a real estate agent, told the family the Kell House was exempt from ADA requirements and could not put a wheelchair ramp on grounds because of cost.It also alleged Kell House employees told the family Morris did not want a wheelchair in the house because objects might get broken.Wayne Krause, the Texas Civil Rights Project attorney representing the Kennedy family, argued that as a real estate agent who advertised historic properties as "ADA compliant," Morris would have known ADA laws. With $5 million in assets, the society could afford a wheelchair ramp, the lawsuit argued."They thought they were above the law and exempt and didn't want anybody telling them what to do," Krause said. The society, he said, just wanted to "sweep it under the rug and make it go away."One of the exhibits introduced in the trial was an e-mail delivered by one society board member to others in response to news coverage of the Kennedy family complaint.It read: "...from a PR perspective, we are really in a tough situation -- the rich heritage society vs. a little girl confined to a wheelchair who only wants to see Santa. If you are a student of history, you know these kinds of storms will usually die out. By making a rebuttal statement, we are only keeping it in the news. My sense is that this storm will pass soon."Krause said the ruling marks the first time a federal court has ordered the owner of a registered historic building to eliminate architectural barriers to people who use wheelchairs."This shows what one family can do for their rights and for other people who have been excluded," Krause said.He said testimony showed the Kell House regularly received calls from other people with disabilities who could not get in.Morris said it wouldn't be appropriate for him to comment until after the July hearing. John Rosentreter, an attorney with the firm representing the heritage society, also said it "wouldn't be appropriate" for the society to comment now."We are so excited! We cannot wait until they get ramp built," Shamayn Kennedy said. "Kaelei still wants to see Santa and the other exhibits."Lyn Walker is a reporter for the Wichita Falls Times Record News in Texas.
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