A Milwaukee resident who uses a wheelchair has filed a federal lawsuit alleging that a local gasoline and convenience store is not accessible to people with disabilities as required by law. The complaint was submitted by Darrin Malsack in the United States District Court for the Eastern District of Wisconsin on April 9, 2026, naming Speedway SuperAmerica, LLC as the defendant.
According to the filing, Malsack claims that his ability to access goods and services at the Speedway location at 800 E. Layton Avenue in Milwaukee was denied or limited due to physical barriers on the property. The lawsuit states that these conditions violate Title III of the Americans with Disabilities Act (ADA) and its Accessibility Guidelines (ADAAG), which require public accommodations to be accessible to individuals with disabilities.
The complaint outlines that Malsack is a resident of Milwaukee County who relies on a wheelchair for mobility and is substantially limited in major life activities such as walking, standing, grabbing, grasping, or pinching. In addition to being a customer at the Speedway store, Malsack describes himself as an independent advocate for disabled persons and a “tester” seeking to ensure compliance with accessibility laws.
Malsack alleges he visited the property more than five times prior to filing suit both as a customer and an advocate. He reports encountering several barriers during these visits that made it difficult or impossible for him to fully access the premises or enjoy its services equally. Among these alleged barriers are issues related to parking spaces lacking proper signage and access aisles, uneven ground surfaces in parking areas, ramps without edge protection, entrance doors obstructed by trash cans, inaccessible routes from parking areas into the building, narrow interior walkways blocked by merchandise or trash receptacles, restroom facilities with improper signage or insufficient space for maneuvering wheelchairs, exposed pipes under sinks without insulation, improperly placed toilet paper dispensers and grab bars in restrooms, coat hooks placed too high above finished floors, restroom doors requiring excessive force to open, and other features not meeting ADA standards.
The lawsuit asserts that despite notifying Speedway SuperAmerica of these barriers on October 6, 2025—and after a subsequent inspection on March 30, 2026—none of the reported issues had been resolved. The complaint argues that all modifications needed are “readily achievable” according to federal guidelines because they would not require significant difficulty or expense relative to the company’s resources. It also notes potential tax credits available for businesses making accessibility improvements.
Malsack requests several forms of relief from the court: a finding that Speedway SuperAmerica is in violation of federal law; an order requiring permanent injunction against ongoing discriminatory practices; mandatory removal of identified physical barriers; alterations necessary for full ADA compliance; reimbursement of attorneys’ fees and litigation costs; and any further relief deemed just by the court.
The plaintiff is represented by attorney Douglas S. Schapiro of The Schapiro Law Group based in Boca Raton, Florida. The case number is 2:26-CV-00608.
Source: 226cv00608_Malsack_v_Speedway_SuperAmerica_LLC_Complaint_Eastern_District_Wisconsin.pdf
