Case: Selene v. Bedke

1:21-cv-00021 | U.S. District Court for the District of Idaho

Filed Date: Jan. 11, 2021

Closed Date: Dec. 15, 2021

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Case Summary

On January 11, 2021, two individuals and five non-profit organizations, including Idaho's Protection & Advocacy agency, filed this challenge to the Idaho Legislature's accessibility policies during the COVID-19 pandemic in the U.S. District Court for the District of Idaho. The plaintiffs alleged that the Legislature's failure to observe COVID-19 precautions, like requiring masks, placed them at a higher risk of contracting the virus. They also claimed that the Legislature's plan to provide remo…

On January 11, 2021, two individuals and five non-profit organizations, including Idaho's Protection & Advocacy agency, filed this challenge to the Idaho Legislature's accessibility policies during the COVID-19 pandemic in the U.S. District Court for the District of Idaho. The plaintiffs alleged that the Legislature's failure to observe COVID-19 precautions, like requiring masks, placed them at a higher risk of contracting the virus. They also claimed that the Legislature's plan to provide remote access via the internet and video conferencing systems lacked a guarantee that individuals would be able to testify before the legislature or its committees or to effectively participate in any other way in the legislative process. Represented by attorneys from the Georgetown University Law Center's Institute for Constitutional Advocacy and Protection and a private law firm, the plaintiffs alleged that the Legislature's actions violated the 1st Amendment, Title II of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act (Rehab Act). They sought declaratory and injunctive relief, including a temporary restraining order or alternatively a preliminary injunction, and attorneys' fees. The case was assigned to Judge David C. Nye.

On January 22, Judge Nye denied the plaintiffs motion for a temporary restraining order, finding that the plaintiffs had not shown they were likely to succeed on the merits.

However, before additional litigation could proceed, the parties entered into a consent decree on March 4 2021 agreeing to several accessibility policies. By its terms, the decree only lasted until the end of the Legislature's current session. After the session closed, Judge Nye terminated the decree on December 15, 2021. The case is now closed.

Summary Authors

NDRN (12/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29097458/parties/selene-v-legislature-of-the-state-of-idaho-the/


Judge(s)
Attorney for Plaintiff

Marshak, Amy (District of Columbia)

McCord, Mary B. (District of Columbia)

Attorney for Defendant

Bennett, A Dean (Idaho)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
2

1:21-cv-00021

Motion for a Temporary Restraining Order or, in the Alternative, a Preliminary Injunction

Selene v. Legislature of the State of Idaho

Jan. 11, 2021

Jan. 11, 2021

Pleading / Motion / Brief
1

1:21-cv-00021

Complaint for Declaratory and Injunctive Relief

Selene v. Legislature of the State of Idaho

Jan. 11, 2021

Jan. 11, 2021

Complaint
24

1:21-cv-00021

Memorandum Decision and Order

Selene, et. al. v. Legislature of the State of Idaho

Jan. 22, 2021

Jan. 22, 2021

Order/Opinion

514 F.Supp.3d 514

30

1:21-cv-00021

Stipulated Motion to Enter Consent Decree

March 4, 2021

March 4, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29097458/selene-v-legislature-of-the-state-of-idaho-the/

Last updated March 21, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number 0976-2152009.), filed by All Plaintiffs. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Exhibit C to Complaint, # 4 Exhibit D to Complaint, # 5 Cover Sheet, # 6 Summons)(Olson, Wendy)

1 Exhibit A to Complaint

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2 Exhibit B to Complaint

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3 Exhibit C to Complaint

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4 Exhibit D to Complaint

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5 Cover Sheet

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6 Summons

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Jan. 11, 2021

Jan. 11, 2021

Clearinghouse
2

MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction Wendy Olson appearing for Plaintiffs A Center for Independent Living, Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Ahniah Selene, # 3 Declaration of Kassie Howe, # 4 Declaration of Mark Leeper, # 5 Declaration of Amy Cunningham, # 6 Declaration of Jeremy Maxand, # 7 Declaration of Heather Clarke, # 8 Declaration of Zoe Ann Olson)(Olson, Wendy)

1 Memorandum in Support

View on RECAP

2 Declaration of Ahniah Selene

View on PACER

3 Declaration of Kassie Howe

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4 Declaration of Mark Leeper

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5 Declaration of Amy Cunningham

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6 Declaration of Jeremy Maxand

View on PACER

7 Declaration of Heather Clarke

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8 Declaration of Zoe Ann Olson

View on PACER

Jan. 11, 2021

Jan. 11, 2021

Clearinghouse
3

Corporate Disclosure Statement by Disability Action Center - Northwest, Inc.. (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
4

Corporate Disclosure Statement by Disability Rights Idaho, Inc.. (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
5

Corporate Disclosure Statement by Living Independence Network Corporation Idaho. (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
6

Corporate Disclosure Statement by A Center for Independent Living. (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
7

Corporate Disclosure Statement by Intermountain Fair Housing Council. (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
8

MOTION FOR PRO HAC VICE APPEARANCE by Mary B. McCord. ( Filing fee $ 250 receipt number 0976-2152063.)Wendy Olson appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
9

MOTION FOR PRO HAC VICE APPEARANCE by Amy L. Marshak. ( Filing fee $ 250 receipt number 0976-2152069.)Wendy Olson appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
10

Summons Issued as to Scott Bedke, Legislature of the State of Idaho, The, Chuck Winder. (Print attached Summons for service.) (jp)

Jan. 11, 2021

Jan. 11, 2021

PACER
11

MOTION FOR PRO HAC VICE APPEARANCE by Annie L. Owens. ( Filing fee $ 250 receipt number 0976-2152076.)Wendy Olson appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
12

MOTION FOR PRO HAC VICE APPEARANCE by Jennifer Safstrom. ( Filing fee $ 250 receipt number 0976-2152079.)Wendy Olson appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

PACER
13

MOTION FOR PRO HAC VICE APPEARANCE by Seth Wayne. ( Filing fee $ 250 receipt number 0976-2152085.)Wendy Olson appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 2/1/2021 (Olson, Wendy)

Jan. 11, 2021

Jan. 11, 2021

RECAP
14

NOTICE of Appearance by A. Dean Bennett on behalf of All Defendants (Bennett, A.)

Jan. 12, 2021

Jan. 12, 2021

PACER
15

NOTICE by Scott Bedke, Legislature of the State of Idaho, The, Chuck Winder re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction Notice of Intent to Respond and Oppose Plaintiffs' Motion for Temporary Restraining Order or in the Alternative, a Preliminary Injunction (Bennett, A.)

Jan. 12, 2021

Jan. 12, 2021

RECAP

DOCKET ENTRY ORDER Approving 8, 9, 11, 12, and 13 Applications for Pro Hac Vice Appearance of attorneys Seth Wayne, Jennifer Safstrom, Annie L Owens, Amy L Marshak, & Mary B McCord for all Plaintiffs. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Jan. 12, 2021

Jan. 12, 2021

PACER
16

ERRATA by Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene re 1 Complaint, Exhibit B (Dkt 1-2). (Attachments: # 1 Exhibit)(Olson, Wendy)

Jan. 13, 2021

Jan. 13, 2021

PACER
17

DECLARATION of David C. Pate, M.D., J.D. re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction filed by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene . (Attachments: # 1 Exhibit A to Pate Decl, # 2 Exhibit B to Pate Decl)(Olson, Wendy)

Jan. 13, 2021

Jan. 13, 2021

PACER
18

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction filed by Scott Bedke, Legislature of the State of Idaho, Chuck Winder. Replies due by 1/28/2021. (Attachments: # 1 Declaration of Eric Milstead, # 2 Declaration of Chuck Winder, # 3 Declaration of Norma Clark, # 4 Declaration of Scott Bedke)(Bennett, A.)

1 Declaration of Eric Milstead

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2 Declaration of Chuck Winder

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3 Declaration of Norma Clark

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4 Declaration of Scott Bedke

View on PACER

Jan. 14, 2021

Jan. 14, 2021

RECAP
19

NOTICE by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction (Watkins, Elijah)

Jan. 14, 2021

Jan. 14, 2021

PACER
20

REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction filed by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene.Motion Ripe Deadline set for 1/19/2021. (Attachments: # 1 Declaration of Wendy Olson, # 2 Exhibit A to Olson Decl, # 3 Exhibit B to Olson Decl, # 4 Exhibit C to Olson Decl, # 5 Exhibit D to Olson Decl)(Olson, Wendy)

Jan. 15, 2021

Jan. 15, 2021

PACER
21

DECLARATION of Wendy J. Olson re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction filed by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene . (Attachments: # 1 Exhibit A to Olson Decl)(Olson, Wendy)

Jan. 19, 2021

Jan. 19, 2021

PACER
22

DECLARATION of Scott Bedke re 2 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction, 18 Response to Motion, filed by Scott Bedke, Legislature of the State of Idaho, Chuck Winder (Second Declaration of Scott Bedke). (Bennett, A.)

Jan. 19, 2021

Jan. 19, 2021

PACER
23

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Scott Bedke, Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Legislature of the State of Idaho, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene, Chuck Winder. Consent/Objection to Magistrate due by 3/23/2021. (kt)

Jan. 22, 2021

Jan. 22, 2021

PACER
24

MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED THAT Plaintiffs' Motion for a Temporary Restraining Order (Dkt. 2 ) is DENIED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
25

SUMMONS Returned Executed by Life, A Center for Independent Living, Disability Action Center - Northwest, Inc., Intermountain Fair Housing Council, Kassie Howe, Disability Rights Idaho, Inc., Ahniah Selene, Living Independence Network Corporation Idaho. Scott Bedke served on 1/26/2021, answer due 2/16/2021; Legislature of the State of Idaho served on 1/26/2021, answer due 2/16/2021; Chuck Winder served on 1/26/2021, answer due 2/16/2021. (Olson, Wendy)

Jan. 26, 2021

Jan. 26, 2021

PACER
26

STIPULATION re 25 Summons Returned Executed, Stipulated Motion for Extension of Time by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. (Olson, Wendy)

Feb. 16, 2021

Feb. 16, 2021

PACER
27

ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME. IT IS HEREBY ORDERED that Defendants are granted a fourteen (14) day extension of time in which to file a responsive pleading, up through and until March 2, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)

Feb. 17, 2021

Feb. 17, 2021

PACER
28

Joint MOTION for Extension of Time to File Answer re 1 Complaint, Elijah Martin Watkins appearing for Plaintiffs Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. Responses due by 3/23/2021 (Watkins, Elijah)

March 2, 2021

March 2, 2021

PACER
29

ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME re 28 Joint MOTION for Extension of Time. IT IS HEREBY ORDERED that Defendants are granted a fourteen (14) day extension of time in which to file a responsive pleading, up through and until March 16, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 03/04/2021)

March 3, 2021

March 3, 2021

PACER
30

STIPULATION to Enter Consent Decree by Disability Action Center - Northwest, Inc., Disability Rights Idaho, Inc., Kassie Howe, Intermountain Fair Housing Council, Life, A Center for Independent Living, Living Independence Network Corporation Idaho, Ahniah Selene. (Olson, Wendy)

March 4, 2021

March 4, 2021

Clearinghouse
31

ORDER GRANTING STIPULATED MOTION TO ENTER CONSENT DECREE.IT IS HEREBY ORDERED that the Stipulated Motion is GRANTED and the Consent Decree entered in the form so stipulated. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) Modified docket text to match caption of order on 3/5/2021 (kt).

March 4, 2021

March 4, 2021

PACER
32

NOTICE by Scott Bedke, Legislature of the State of Idaho, Chuck Winder re 31 Order, Notice of Adjournment Sine Die (Myers, William)

Dec. 8, 2021

Dec. 8, 2021

PACER
33

TERMINATION AND DISMISSAL ORDER - This matter having come before this Court on the Notice filed by Defendants (Dkt. 32 ) and good cause appearing therefore, IT IS HEREBY ORDERED that the Consent Decree entered by this Courts Order (Dkt. 31 ) is hereby TERMINATED and this case is DISMISSED WITH PREJUDICE. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

Dec. 15, 2021

Dec. 15, 2021

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 11, 2021

Closing Date: Dec. 15, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

P&A as organizational plaintiff and 4 other organizations and 2 individuals

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Legislature of the State of Idaho, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Order Duration: 2021 - 2021

Issues

Disability and Disability Rights:

disability, unspecified

P&A Associational Standing

Discrimination Basis:

Disability (inc. reasonable accommodations)