MTO Secures Preliminary Injunction Blocking Enforcement of Idaho Restroom Access Law 

Munger, Tolles & Olson, in conjunction with Lambda Legal, the American Civil Liberties Union (ACLU), ACLU of Idaho and Alturas Law Group, PLLC, secured a preliminary injunction blocking enforcement of Idaho House Bill 752 in critical contexts. The law criminalizes transgender individuals for using sex-designated public restrooms consistent with their gender identity in government buildings and certain private businesses open to the public. On behalf of the plaintiffs in Jackson-Edney et al. v. Labrador et al., MTO challenged the law under the Fourteenth Amendment, alleging, among other arguments, that it is unconstitutionally vague and violates due process.

On June 16, 2026, the U.S. District Court for the District of Idaho granted a preliminary injunction against certain, significant applications of H.B. 752, finding that plaintiffs are likely to succeed on their claim that H.B. 752 is unconstitutionally vague. The court concluded that key statutory exceptions permitting restroom access when a facility is “reasonably available” or a person is in “dire need” lack sufficient standards and risk arbitrary and discriminatory enforcement. The court further found that enforcement of the law would cause irreparable harm by exposing plaintiffs to criminal penalties and constitutional injuries, and that those harms outweighed the State’s interest in enforcing the statute.

The court also held that the challenged exceptions could not be severed from the statute and certified a statewide class of transgender individuals who seek to use restrooms consistent with their gender identity in Idaho. As a result, the court enjoined enforcement of critical applications of H.B. 752 against the certified class while the litigation proceeds. In addition, the court permitted certain plaintiffs to proceed anonymously based on concerns regarding stigma, retaliation and privacy.

The MTO team includes Katherine Forster, Max Rosen, Danny (Qian Zhe) Zhang and Kyle Groves.

The preliminary injunction garnered media coverage in The New York Times, The Advocate, Idaho News, Idaho Statesman and other publications.