Website accessibility law in Idaho

Idaho bars disability discrimination by public accommodations, including failure to provide auxiliary aids (§ 67-5909(6)(d)); a person must first file with the Idaho Human Rights Commission and may sue within 90 days of administrative dismissal (§ 67-5908(2)) for actual damages and up to $1,000 punitive per willful violation. The Act itself contains no fee-shifting provision (general Idaho fee statutes not reviewed). On top of that, the federal ADA applies in Idaho as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
Yes
Attorney's fees under state law
No
Other money remedies
  • actual damages, § 67-5908(3)(c)
  • punitive damages not to exceed $1,000 for each willful violation (a cap, not a minimum), § 67-5908(3)(e)
  • cease-and-desist/injunctive relief, § 67-5908(3)(a)
Websites
We found no court decision applying Idaho law to a website.

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Idaho and everywhere else.

Lawsuits in Idaho

The lawsuit tracker has no indexed court records from Idaho yet.

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Questions

Can a business in Idaho be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Idaho law a person can sue the business directly. We found no court decision applying Idaho law to a website.

What is the minimum a Idaho court awards for a website accessibility violation?

Idaho law sets no fixed minimum per violation. Idaho bars disability discrimination by public accommodations, including failure to provide auxiliary aids (§ 67-5909(6)(d)); a person must first file with the Idaho Human Rights Commission and may sue within 90 days of administrative dismissal (§ 67-5908(2)) for actual damages and up to $1,000 punitive per willful violation. The Act itself contains no fee-shifting provision (general Idaho fee statutes not reviewed).

Do I pay the plaintiff's lawyer if I lose or settle in Idaho?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Idaho law itself doesn't add a fee award.

Which accessibility standard should a Idaho business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.