A Houston judge has refused to delay a hearing over alleged safety concerns tied to an elevated playground structure at a Heights restaurant, keeping the case on track as hurricane season raises added urgency around trees and fencing that residents say are already under strain.
The dispute stems from a lawsuit filed in late April by Richard Fontenot, a longtime Heights resident who alleges Long Weekend’s elevated rope jungle gym and treehouse-style playground encroaches on neighboring properties and creates safety concerns. The restaurant, which formally opened in March, has denied any wrongdoing.
Earlier this month, a judge denied Fontenot’s request for a Temporary Restraining Order (TRO), which would have required immediate changes to the structure by Long Weekend. However, the court allowed the broader case to continue and scheduled a hearing on Fontenot’s request for a Temporary Injunction for July 1.
The Long Weekend later asked the court to postpone that hearing.
In a June 17 filing, attorney Eric Lipper, who represents Long Weekend, said he was serving as lead counsel in a previously scheduled four-week arbitration that began June 16 and was expected to continue through the July 1 hearing date.
Fontenot opposed the delay, arguing in a court filing that the timing heightened the urgency of the case as hurricane season begins in Houston.
“The timing makes the delay more serious: hurricane season began June 1, and compromised trees should not remain under Defendant’s straps and ropes during storm season while awaiting a reset hearing,” Fontenot wrote.
Later that day, the court denied Long Weekend’s motion for a continuance, keeping the July 1 injunction hearing on schedule.
The July hearing will determine whether the court should issue a Temporary Injunction while the broader lawsuit proceeds.
Court records also show the case remains on track beyond the July hearing. A Trial Preparation Order—signed in May—established deadlines in December for witness lists, exhibits and other pretrial filings.
Neither Long Weekend nor Fontenot could be immediately reached for comment.
Ahmed Humble
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