Six transgender Idahoans Sued, HB 752 Bathroom Law Faces Federal Lawsuit, What It Criminalizes and What Comes Next

This article covers a recently filed lawsuit. Information is limited to the complaint as filed on April 30, 2026, and verified reporting from that date. This page will be updated as the case develops.

Jane Doe et al. v. Raúl Labrador et al. is a federal civil rights lawsuit in which six transgender Idaho residents, represented by the ACLU and Lambda Legal, are challenging Idaho House Bill 752 — a new state law that criminalizes transgender people from using bathrooms that align with their gender identity in government buildings and private businesses. House Bill 752 was signed by Gov. Brad Little on March 30, 2026, and takes effect July 1, 2026. The plaintiffs are asking a federal judge to block the law before it goes into force.

Field	Detail
Plaintiffs	Six transgender Idaho residents (filed under pseudonyms for safety)
Defendants	Idaho Attorney General Raúl Labrador and all 44 Idaho county prosecutors
Case Type	Federal civil rights — constitutional challenge to state criminal statute
Court	U.S. District Court, District of Idaho (exact docket number TBD — not yet confirmed in available sources)
Date Filed	April 30, 2026
Legal Claims	Violation of the 14th Amendment (Equal Protection and Due Process); unconstitutional vagueness
Damages Sought	No monetary damages — plaintiffs seek a court order blocking enforcement of HB 752 and a declaratory judgment that the law is unconstitutional
Current Stage	Recently filed — preliminary injunction sought
Law Takes Effect	July 1, 2026
Lead Counsel for Plaintiffs	ACLU, ACLU of Idaho, and Lambda Legal
Last Updated	May 2, 2026

What Do We Know About the Idaho HB 752 Bathroom Lawsuit?

House Bill 752 marks a significant expansion of Idaho’s 2023 school bathroom ban, Senate Bill 1100. The new legislation covers nearly all public spaces, including libraries, rest stops, airports, and hospitals. Under the new law, it is a criminal offense for anyone to “knowingly and willfully” enter a restroom, locker room, or changing room designated for the biological sex they were not assigned at birth.

Though nine states and Puerto Rico have passed similar legislation, those laws apply to government buildings and K-12 public schools. Idaho’s law is the only one in the nation that applies to private businesses. That national distinction is central to the lawsuit — and to why the ACLU chose to file a challenge before the law goes into effect.

A first offense under HB 752 is punishable by up to one year in jail. A second offense within five years could bring a felony charge and up to five years in prison. The ACLU notes that Idaho carries the steepest criminal penalties of any state with a bathroom restriction law.

What Does the Lawsuit Allege Against Idaho?

The lawsuit raises three distinct constitutional arguments against HB 752, according to the complaint as filed.

Equal Protection — 14th Amendment. 

The suit alleges Idaho’s law violates the Equal Protection Clause of the 14th Amendment because it discriminates on the basis of sex and transgender status. The ACLU argues that discrimination on these grounds is subject to heightened scrutiny, which places the burden on the government to show the law substantially advances an important governmental interest. The plaintiffs argue Idaho cannot meet that burden.

Due Process and Unconstitutional Vagueness. 

A central contention of the suit is that the law remains “unconstitutionally vague” by not giving individuals “clear notice” of which conduct is prohibited by the law. The lawsuit also argues the law’s exceptions — for custodial workers, medical aid, law enforcement, and emergency responders — fail to clearly specify when they apply, leaving ordinary people unable to know whether they are breaking the law. Even the Idaho Chiefs of Police Association and Idaho Fraternal Order of Police opposed the bill during the legislative session on enforcement grounds. Police groups testified that officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex, and that “in many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”

Related article: Maria Avila Ex Housekeeper vs. Chris Brown, The $90 Million Dog Attack Lawsuit Heading to Trial 

Privacy Rights.

 The ACLU characterizes the law as an “unconstitutional intrusion on the fundamental rights of Idahoans” — arguing it doesn’t just affect transgender people but creates conditions where any person who does not visually conform to rigid gender expectations could face accusations, harassment, or arrest.

The lawsuit asks the court to certify the challenge as a class action on behalf of all transgender Idahoans affected by the bathroom restrictions, and to issue a declaratory judgment that enforcement of HB 752 is unconstitutional. For background on how similar state-level bathroom laws have fared in federal courts, see our guide to LGBTQ+ civil rights litigation.

Who Are the Plaintiffs In Idaho HB 752 Bathroom Lawsuit?

The six plaintiffs filed under pseudonyms out of concern for their personal safety — a reflection of the stakes the lawsuit describes.

One plaintiff, Emilie Jackson-Edney, is a 77-year-old transgender woman who has lived in Idaho her entire life. People perceive her as female. For 20 years, she has used women’s bathrooms without incident. She worries that if the law takes effect, walking into a men’s bathroom would immediately cause disruption — and that she could face violence either for being perceived as a woman in an all-male space or for being perceived as transgender.

Another plaintiff, Diego Fable, is a transgender man who has been using men’s restrooms without issue for years. He has decided to relocate out of Idaho, saying it has become “too dangerous” to stay. “This is heartbreaking because I consider Idaho my home,” Fable said, “but living in fear every time I leave the house is not sustainable.”

The defendants are Idaho Attorney General Raúl Labrador and each of Idaho’s 44 county prosecutors, who would be responsible for enforcing the criminal penalties under the law. The AG’s office responded to the lawsuit with a short statement: “Idaho has the right to set its own policies on public safety and privacy. The legislature passed this law, the governor signed it, and our office will defend it.”

What Happens Next in Idaho HB 752 Bathroom Law Case?

The law is scheduled to take effect July 1, 2026 — giving the federal court roughly two months to decide whether to issue a preliminary injunction blocking enforcement while the full case proceeds. The plaintiffs are asking for exactly that: a court order pausing the law before anyone faces arrest under it.

The lawsuit was filed against Idaho Attorney General Raúl Labrador and county prosecutors. The ACLU and Lambda Legal are seeking class-action protections for all transgender people whose bathroom access will be restricted by the new law. A hearing date has not yet been confirmed in available public reporting as of May 2, 2026.

This case does not exist in a vacuum. Idaho is already before the U.S. Supreme Court on a related transgender athletics ban, with a hearing date set. The outcome of that case — and the broader national legal battle over state laws targeting transgender people — will shape what happens here. If the court does not issue a preliminary injunction before July 1, the criminal penalties under HB 752 would become enforceable on that date.

Frequently Asked Questions

Is there a lawsuit against Idaho’s HB 752 bathroom law? 

Yes. The ACLU of Idaho filed a federal lawsuit on April 30, 2026, challenging House Bill 752, which criminalizes the use of public restrooms and locker rooms that do not align with a person’s biological sex. The law is set to take effect July 1, 2026.

What does HB 752 actually make illegal?

The law makes it a misdemeanor offense to “knowingly and willingly” enter a restroom or changing room designated for the opposite biological sex. A first offense carries up to one year in jail. A second offense within five years can bring a felony charge and up to five years in prison.

Is the law in effect right now?

 No — not yet. HB 752 was signed by Gov. Brad Little on March 30, 2026, and takes effect July 1, 2026. The ACLU lawsuit is asking a federal judge to block the law before that date arrives.

What court is handling this case?

 The lawsuit was filed in the U.S. District Court for the District of Idaho. The exact case number and assigned judge were not yet confirmed in available public reporting as of the filing date.

What makes Idaho’s law different from other states’ bathroom laws? 

Though nine states and Puerto Rico have passed similar legislation, those laws apply only to government buildings and K-12 public schools. Idaho’s law is the only one in the nation that applies to private businesses — meaning restaurants, retail stores, and any other private space open to the public.

Can I read the court documents?

 The complaint as filed is publicly available through the federal court’s PACER system at pacer.gov. CourtListener (courtlistener.com) may also make the filings accessible at no cost as the case develops.

Sources & References

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against Idaho Capital Sun, ACLU of Idaho, and AP reporting on verified court filings on May 2, 2026. Last Updated: May 2, 2026

• Idaho Capital Sun — Transgender Idahoans sue over law that criminalizes using bathrooms that align with gender identity, April 30, 2026
• ACLU of Idaho — 2026 HB 752 — Criminalizing Bathroom Use for Trans People

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Information about ongoing legal cases is based on publicly available court records and verified reporting. Allegations described in this article have not necessarily been proven in court. For advice regarding a particular legal situation, consult a qualified attorney.