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Local group files lawsuit against Simon Properties

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by ABC-7 Reporter Rachel Abell

EL PASO, Texas -- It's been 19 years since the Americans With Disabilities Act was passed here in the United States.

But local activists say some businesses here in El Paso are still not complying...and they say that puts lives at risk.

"Under Texas state law, any business that's open to the public must provide accessible paths to individuals in wheelchairs," said Desert Adapt activist Diana Baquero.

"There are places all over El Paso that are inaccessible...there's no excuse for it," said Briana Stone with the Paso Del Norte Civil Rights Project.

These women and dozens of other activists said Cielo Vista Mall, owned by Simon Properties, is one of the biggest offenders.

Their main complaint?

Lack of safe and accessible sidewalks.

Desert Adapt said they want those pathways at the mall...between public transportation terminals, other buildings around the mall and to other streets in the area.

"The problem is people here have to travel in the street and they've almost been hit by cars," said Stone.

"It's a dangerous situation to be in. You have cars coming in and out all the time...these people are risking their lives just to have the opportunity to do some shopping at the mall," said Baquero.

It's something disabled El Pasoan Alex Dominguez knows a lot about.

"There's a lot of traffic and people don't pay attention, they're trying to beat each other," he said.

Alex said he's frustrated with the situation at the mall and he worries about what will happen if change isn't made.

"One of us is going to end up being run over and unfortunately it's going to have to lead to that to fix the problem."

"Simon Properties should listen to us because they're not complying with the law and they're required to. In exchange for being part of our community they have to comply with state and federal laws and serve everyone here in El Paso equally," said Stone.

We received a statement from Cielo Vista Mall officials saying they provide handicapped access at all mall entrances.

They say they are committed to resolving this situation with the help of the city of El Paso.

Regardless, Desert Adapt filed a lawsuit against Simon Properties.

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