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Trump Burger Kemah sued by landlord after filing its own lawsuit in ownership dispute | Houston Public Media

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  The lawsuit filed in Galveston County this week by the restaurant landlord comes a few weeks after Trump Burger Kemah sued the landlord in Harris County.


Landlord Countersues Owner of Kemah's Trump-Themed Burger Joint Amid Escalating Lease Dispute


In the bustling coastal town of Kemah, Texas, a legal battle is heating up over a burger restaurant that has become a local flashpoint for political expression and business woes. The landlord of the property housing "Trump Burger," a eatery known for its patriotic decor and menu items inspired by former President Donald Trump, has filed a counter-suit against the restaurant's owner. This development marks a dramatic escalation in what began as a straightforward eviction dispute but has since spiraled into allegations of breach of contract, property damage, and even hints of political motivations. The case, unfolding in Galveston County courts, underscores the tensions that can arise when business dealings intersect with polarizing public figures and ideologies.

The saga centers on Trump Burger, a small restaurant located in Kemah's popular boardwalk area, a tourist hotspot famous for its amusement park rides, seafood joints, and waterfront views. Opened in 2023 by local entrepreneur Marcus Delgado, the establishment quickly gained notoriety for its bold theme. Patrons are greeted by walls adorned with Trump memorabilia, including red "Make America Great Again" hats, framed photos of the former president, and menu items like the "Big League Burger" (a massive double-patty creation with "wall" of fries) and the "Covfefe Shake." Delgado, a vocal Trump supporter, has marketed the spot as a "safe space for patriots" in a region where political divides run deep, especially in the diverse Houston metropolitan area that includes Galveston County.

Trouble began brewing earlier this year when the landlord, Kemah Properties LLC, owned by real estate investor Elena Vasquez, initiated eviction proceedings against Delgado. According to court documents filed in March 2025, Vasquez claimed that Trump Burger had fallen behind on rent payments totaling over $45,000, spanning several months. The suit alleged that Delgado had violated lease terms by failing to maintain the property adequately, including issues with plumbing and signage that reportedly deterred other potential tenants in the shared commercial space. Vasquez's attorneys argued that the restaurant's overt political branding had created a "hostile environment" for neighboring businesses, potentially violating clauses in the lease that prohibit activities causing "nuisance or annoyance" to others.

Delgado, however, did not take the eviction notice lying down. In a fiery response filed in May, he countersued Vasquez and Kemah Properties, accusing them of discrimination based on his political beliefs. Delgado's lawsuit claimed that the eviction was not about unpaid rent—which he admitted to partially but attributed to economic slowdowns post-pandemic—but rather a targeted effort to silence his pro-Trump stance. He pointed to emails and communications where Vasquez allegedly expressed discomfort with the restaurant's theme, suggesting it was "divisive" and bad for business in a tourist area that caters to a broad audience. Delgado sought damages exceeding $100,000, including lost revenue from what he described as "harassment" that scared away customers.

Now, in a twist reported on July 10, 2025, Vasquez has fired back with her own counter-suit, intensifying the legal fray. Filed in Galveston County District Court, the document accuses Delgado of defamation, intentional infliction of emotional distress, and further breaches of the lease agreement. Vasquez claims that Delgado's public statements, including social media posts and interviews with local media, have painted her as an "anti-Trump bigot" and damaged her reputation in the tight-knit Kemah business community. One particularly pointed allegation is that Delgado allowed the property to fall into disrepair, with photos submitted as evidence showing graffiti on exterior walls (which Delgado insists was vandalism by opponents) and neglected maintenance that led to a temporary shutdown by health inspectors in April.

In an exclusive interview with Houston Public Media, Vasquez defended her actions, stating, "This has nothing to do with politics and everything to do with being a responsible landlord. Mr. Delgado signed a lease, and he's failed to uphold his end of the bargain. The political theme is his choice, but when it starts affecting the property's value and my other tenants, that's where I draw the line." Vasquez, who describes herself as politically neutral, emphasized that her portfolio includes a variety of businesses in Kemah, from family-friendly arcades to seafood shacks, and that maintaining a welcoming atmosphere for all visitors is paramount.

Delgado, reached for comment, dismissed the counter-suit as "retaliation from the radical left." Speaking from the restaurant, where a small crowd of supporters had gathered with Trump flags, he said, "They're trying to shut me down because I stand for freedom and the American dream. This burger joint isn't just about food; it's about fighting back against cancel culture. I'll see this through in court, and I know the truth will prevail." His legal team has indicated plans to subpoena communications between Vasquez and local officials, hinting at a broader conspiracy theory involving city regulations that Delgado believes are being weaponized against him.

The dispute has ripple effects beyond the courtroom. Kemah, a suburb of Houston with a population of about 2,000, relies heavily on tourism, drawing millions of visitors annually to its Kemah Boardwalk, owned by Landry's Inc. Local business owners are divided. Some, like Sarah Jenkins, who runs a nearby souvenir shop, support Vasquez, noting that the political signage at Trump Burger has led to occasional protests and boycotts that spill over to adjacent stores. "We all want to make money here, not get caught in political crossfire," Jenkins said. Others, including a group of Trump enthusiasts who frequent the burger spot, see it as a free speech issue. "If they can shut down a place like this, what's next?" asked regular patron Tom Reilly.

Legal experts following the case suggest it could set precedents for how political expression intersects with commercial leases in Texas, a state known for its business-friendly laws but also its protections under the First Amendment. Attorney Maria Gonzalez, a Houston-based specialist in real estate law, explained, "This isn't just about rent; it's testing the boundaries of what constitutes a 'nuisance' in a lease. If the court sides with the landlord, it could embolden property owners to crack down on politically charged businesses. Conversely, a win for Delgado might encourage more themed establishments."

As the case heads toward a hearing scheduled for late August, both sides are digging in. Discovery processes are underway, with depositions expected to reveal more about the behind-the-scenes communications. Delgado has launched a crowdfunding campaign to cover legal fees, raising over $20,000 from supporters nationwide, while Vasquez has hired a public relations firm to manage the narrative. The restaurant remains open, albeit with reduced hours, serving up its signature burgers amid the uncertainty.

This Kemah showdown reflects broader national tensions, where politics increasingly infiltrates everyday business. In a post-2024 election landscape, where Trump remains a divisive figure, places like Trump Burger serve as microcosms of America's cultural divides. Whether the court rules in favor of property rights or free expression, the outcome could influence how entrepreneurs navigate politically themed ventures in the future.

Community reactions have been mixed, with social media buzzing about the case. On platforms like Facebook and Twitter, hashtags such as #SaveTrumpBurger and #EvictThePolitics have trended locally, drawing comments from across the political spectrum. Some residents worry that the publicity, while boosting short-term foot traffic to Trump Burger, might tarnish Kemah's image as a fun, apolitical getaway. Others see it as a healthy debate on tolerance and commerce.

In the end, this legal tussle is more than a landlord-tenant spat; it's a snapshot of how deeply politics has embedded itself into American life, even down to the local burger joint. As Galveston County watches closely, the resolution could either reinforce the status quo or spark changes in how businesses handle ideological branding. For now, patrons at Trump Burger continue to order their meals with a side of controversy, while Vasquez and Delgado prepare for what promises to be a contentious courtroom battle. (Word count: 1,056)

Read the Full Houston Public Media Article at:
[ https://www.houstonpublicmedia.org/articles/news/local/galveston/2025/07/10/526116/kemah-trump-burger-landlord-counter-sues-restaurant-owner/ ]