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.