One local family received exciting news last night after four long years of waiting. They've been in a legal battle with the Wichita County Heritage Society, fighting to protect the rights of their disabled daughter.


It all started in December 2004 when a then, six year old girl was denied access to see Santa Clause at the Kell House. The girl uses a wheel-chair, and her family filed suit. Saying the organization was violating the Americans with Disabilities Act.


Shamayn Kennedy remembers her disbelif after an employee at the Kell House told her the building was not wheelchair accessable and not to bring her daughter Kaelei to see Santa.

"I was stunned...just stunned," Shamayn Kennedy said.

Due to her condition, it was the first time in three years Kaelei was well enough to visit the Kell House.

"It was very heart-breaking not to go to see Santa not to be able to take my child to a building one of the four fathers of Wichita Falls lived in," Kennedy said.

Not only did employees prohibit the Kennedy's from using their portable ramp, they wouldn't even let Santa come outside to see Kaelei.

"If you're open to the public you need to accommodate everyone," Kennedy said.

The Texas Civil Rights project helped the Kennedy's with their claim against the Wichita County Heritage Society. The judge ruled the Kell House is not exempt from the Americans with Disabilities Act. It's the first time a federal court has ordered the owner of a historic building to eliminate architectural barriers to those who use wheelchairs.

"It's a great day not just for Kaelei but for anyone who has a disability," Kennedy said.

Despite the battle with the heritage society, the Kennedy's can't wait to visit the Kell House.

"We have never been soured on the Kell House through this because the building is not to blame. It's a wonderful building," Shamayn said.

That santa is not worthy of his beard! SHAVE HIM!

Its nice that the little girl finally got to see Santa.

As great as that is for the disabled, it is a shame to have to make changes to the original integrity of an historic building. On the other hand, if they had to upgrade for plumbing, A/C, etc., then they've already interfered.
They should have perhaps done an outdoor Santa or used a temporary structure, or used that temporary ramp to accommodate ALL in the interim. I can't imagine that historical society being oblivious to this need. Total shame that it had to go to court as historical societies are on such limited budgets and could have spent the money on attornies for the accommodations all this time.

When you have an event that is designed to attract children , it seems to me you would go out of your way to accommodate a child with special needs. I don't see the nessecity of altering an historic building, but they could have found a way to get Santa & Kaelei together for a few minutes. Can you imagine the joy if Santa had gone out & carried her in to sit on his lap, or if that was not possable if he just came out & sat in the car with her for 2 minutes??

I know the joy a few minutes of extra consideration can bring to you as well as the person you are interacting with.

When I was on the fairboard back home I was very busy on the weekend of the fair, running the horse show, watching my own daughter & her horse, & just keeping the event running smoothly. I was approached by a woman leading a young blind man. He wanted to "see" a horse. My horse had been pointed out to her as being very safe & gentle. I had people waiting to ask me questions, my daughter was whining, there was a scheduling conflict, but I stopped & focused on this young man for about 5 minutes. He felt Cinnamon from nose to tail & then we found a helmet, I helped him up & he got to ride a horse. The joy on his face is something I will never forget. My love & pride of that sweet old horse was increased that day. That 5 minutes shared with that young man & old horse is one of my best memories. That is the whole reason to participate in events for kids!

People are so naive about what their actions do or the joy other actions can create! "LRH" that was a great story! Thanks for sharing it!