ICAP, in partnership with Stoel Rives LLP, represented individual disability-rights advocates and five nonprofit organizations in a federal lawsuit challenging the Idaho Legislature’s COVID-19 safety and accessibility protocols. The plaintiffs, who included individuals with quadriplegia and immunocompromising conditions, argued that the Legislature’s refusal to require masks or provide reliable remote testimony options forced them to choose between their health and their First Amendment right to petition the government. The suit alleged that these practices violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act by effectively excluding vulnerable citizens from participating in the 2021 legislative session.
In March 2021, just months after the complaint was filed, the parties entered into a court-enforceable consent decree. Under the agreement, the Idaho Legislature committed to providing robust remote participation options, including the ability for individuals with disabilities to testify via video conferencing in committee hearings. The settlement also required the Legislature to hire a third-party consultant to recommend longterm infrastructure improvements for digital accessibility, ensuring that the democratic process remains open to all Idahoans regardless of their physical health or disability status.
