September 15, 2023, Ekwealor v. Hubble Homes LLC

In March of 2021 Somi Ekwealor, who is Black, and Jenna Ekwealor, who is multi-ethnic white and Latina, say their homeowners association, Charter Pointe, accused them of violating an association rule because they hung a Black Lives Matter flag by their front door. The Ekwealors allege that no such rule existed, but that afterward, the association then wrote a new rule aimed at them.

When they asked for clarification, the association explained that it was developing a new rule, the complaint alleges. When the rule was implemented that September, it banned all flags except sports flags, the American flag, the Idaho flag, POW/MIA flags and official and replica flags of the U.S. armed forces.

According to the complaint, the HOA intended the new policy to “limit the possibility of harassment or even an altercation … in hopes to promote a harmonious environment.” But after implementing the new rule, Somi Ekwealor said 20 flags or signs remained in the neighborhood. He said it seemed as though the HOA failed to enforce the rule on anyone else. The Ekwealors believe the new rule, like the original notice, was to prevent them from displaying their Black Lives Matter flag.

IFHC · Eckwealor V Hubbles Homes LLC

May, 2023, Arbor Village Decision by Boise City Council

Arbor Village, a Boise assisted living facility, applied to convert the home of about 90 elderly residents into 77 apartments. Doing so requires a conditional use permit, which is subject to approval before the city. Despite its application, the company sent mixed messages about its plans to residents, telling some that it was a contingency plan and that they did not intend to redevelop the site, according to residents and family members testified at public meetings about the project.

In October of 2022, the City Council found that correct notice had not been provided and required the owners to hold a new neighborhood meeting about the site. That sent it back to the Planning and Zoning Commission, which held a new public hearing in February of 2023.

At that hearing, the commission imposed strict new conditions: If the owners chose to turn the site into apartments, it would need to give tenants a year of notice; identify new housing for each tenant and pay for relocation expenses; and be responsible for any higher difference in rent for three years.

Intermountain Fair Housing Council also appealed the decision, arguing that the city did not adequately consider the impacts the proposed project would have on the vulnerable residents, many of whom have disabilities. IFHC said the city did not consider its local authority, multiple federal laws and “the city’s moral and ethical responsibility via its broad police powers to uphold the health, welfare and safety for the residents of Boise.”

IFHC · Arbor Village Decision

March 25, 2022, Idaho Senate Bill 1240

In early 2022, the Idaho State Legislature unanimously passed Senate Bill 1240 which enjoyed wide support from both parties and had 21 cosponsors. The bill gave homeowners the ability to modify and remove race-based restrictive covenants. The bill also bans future discriminatory covenants on homes to prohibit discrimination. The bill also waives recording fees for those wanting to remove such language.

IFHC · Idaho Senate Bill 1240

Source: https://www.kmvt.com/2022/03/23/governor-little-signs-bill-remove-racially-restrictive-covenants-home-deeds/

April 5, 2019, Diamond House v. City of Ammon

IFHC filed a claim on behalf of Diamond House that the City of Ammon, idaho had facially discriminatory zoning ordinances that prohibited group foster homes from certain residential Zones of the City but allowed group elder homes in those same zones.

IFHC represented the Complainant in their federal court claim and won a motion for summary judgment that the policy was discriminatory on its face. The court enjoined the City from enforcing the policy.

While the city filed an appeal, IFHC and the Complainant renewed settlement negotiations and were able to reach an agreement for $600,000.00 in damages to the Complainant and $57,000.00 In reasonable attorney’s fees.

Source: https://ifhcidaho.org/wp-content/uploads/2023/09/2020-IFHC-Annual-Report-1.pdf

2012 to 2018, Idaho’s Protections: Discrimination Against Sexual Orientation and Gender Identity

Since 2012, Idaho has 14 cities and 2 counties that have enacted ordinances prohibiting discrimination on the basis of sexual orientation and gender identity.

April 26, 2017, Hate Crime in Nampa

U.S. v. Kelly Schneider (2017). A Nampa, Idaho man pleaded guilty in U.S. District Court to violently assaulting Steven Nelson because he was gay, resulting in Mr. Nelson’s death. He was convicted of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Schneider also pleaded guilty in 2017 in state court to first-degree murder.

https://www.justice.gov/opa/pr/idaho-man-sentenced-federal-hate-crime-based-victim-s-sexual-orientation

August 2011, Return of the Boise Valley People

Tribes met in Boise, Idaho, their traditional territories to share and practice their traditions. Now an annual event, it has grown into two locations. With the goal of fundraising to create a cultural center to share the importance of remembering Indigenous ancestors. For the People of the Boise Valley it is very important to return to Eagle Rock (renamed by settlers as Castle Rock) to honor and to pray for their ancestors. Eagle Rock is a place where many Indigenous people’s ancestors were buried.

July 20, 2011, Service Animal Deposits

Intermountain Fair Housing Council v. CVE Falls Park, L.L.C, 2:10-CV-00346-BLW (D. Idaho July 20, 2011); Court held that a housing provider that imposes a deposit on a service animal is in violation of the FHA.

2011, Community House

Community House, Inc. v. City of Boise, (2011) the City of Boise was ordered to pay $1 million to Community House, a shelter/housing provider when the City violated the State constitution and the Fair Housing Act. The City gave a deal to a religious organization to lease and then own Community House’s building, evicting women and families with children from the shelter, and passing a discriminatory ordinance making the shelter for men only and retaliating against Community House through a hostile takeover of the building and programs. Under the Fair Housing Act, a City cannot favor one gender over another nor pass a law that does so. Moreover, it cannot favor or disfavor a religious group or adults over families with children.

2010, Add The Words

The Civil Rights Group Add The Words begins advocating to add the words “sexual orientation” and “gender identity” to the Idaho’s human rights act. As of 2024, the Idaho State Legislature has failed to do so.

2009, Fair Housing Prevails in Idaho

Alamar Ranch v. Boise County. Alamar Ranch sued Boise County alleging three separate violations of the Fair Housing Act: (1) failure to grant a reasonable accommodation for the construction of housing for persons with disabilities, (2) adverse treatment of persons with disabilities and (3) intentional interference with the construction of housing for youth with disabilities by giving into the community opposition to the housing center. Alamar Ranch prevailed, and the jury awarded Alamar $4 million in damages.

2009, Defunding of the Idaho Women’s Commission

The Idaho legislature defunded the Idaho Women’s Commission.

September, 2003, Hispanic Cultural Center of Idaho Opens

The Hispanic Cultural Center of Idaho (HCCI), incorporated in May of 1977 functioned as a center without walls until September of 2003 when they opened a 33,000 square foot cultural center in Nampa.

September 2000, Judgement Against the Aryan Nation

The Southern Poverty Law Center won a $6.3 million judgement against the Aryan Nations from an Idaho jury who awarded punitive and compensatory damages to a woman and her son who were attacked by Aryan Nations guards. The lawsuit stemmed from the July 1998 attack when security guards at the Aryan Nations compound near Hayden Lake in northern Idaho, shot at Victoria Keenan and her son and an Aryan Nations member held the Keenans at gunpoint. As a result of the judgement, Richard Butler turned over the 20-acre compound to the Keenans, who sold the property to a philanthropist. He donated the land to North Idaho College, which designated the area as a “peace park “.

June 18, 2001, Management of Lake Coeur d’Alene

Supreme Court decision of Idaho v. United States (533 U.S. 262), which resulted in the transfer of the management of the lower third of Lake Coeur d’Alene from the state of Idaho to the Coeur d’Alene Tribe illustrates the strength of the Coeur d’Alene Tribal sovereignty.

1996, Turning Point, Inc v. Caldwell

Shelter providers for persons who are homeless argued that Caldwell set the occupancy limitation so low that it failed to make reasonable accommodation for persons with disabilities.

March 4, 1994, Occupancy Standards and Family Size

Calderon v. Ed Madigan, Secretary of Agriculture, Earl Tilley, Administrator of Farm Home Administration, and the Wilder Housing Authority.

1994 to Present, Intermountain Fair Housing Council

Since 1994 IFHC has filed more than 168 design and construction complaints, likely the main factor in motivating the Idaho legislature to incorporate the International Building Code requirements into the statewide building code to ensure that new covered multi-family housing complies with the FHA’s design and construction requirements

1987, Fair Housing Act Protects Against Racist Threats

United States v. Keith Gilbert (Gilbert 1, 1987; Gilbert II, 1989). In 1980, Keith Gilbert, an avowed white supremacist, sent racially derogatory and “threatening” correspondence to Susan Smith, a White woman who operated an adoption agency that was trying to place minority children.

After remand, Gilbert was convicted at trial. On appeal after trial, he contended that the evidence was insufficient to prove a threat of force, a required element of the criminal provision of the Fair Housing Act. Gilbert argued that no single piece of correspondence threatened Ms. Smith.

The Treaties of 1863 and 1868

Before European explorers arrived in current day Idaho, over 8,000 indigenous people inhabited Idaho including the Great Basin Shoshone and Bannock tribes of the Shoshone-Bannock, the Shoshone Paiute and the Plateau tribes of the Coeur d’Alene, Nimiipuu/Nez Perce and Kootenai and indigenous people from what is now known as Mexico. The original Boise Valley People include the Burns Paiute, the Confederated Tribes of Warm Springs Paiute Band, Fort McDermott Paiute, and Shoshone, Shoshone-Paiute, and Shoshone-Bannock. Today, only five tribes are federally recognized in Idaho, they are the Coeur d’Alene, Nimiipuu/Nez Perce, Kootenai, Shoshone-Bannock, and the Shoshone-Paiute.

The 1863 and 1868 treaties involving the Boise Valley People and the United States were unratified. The Fort Bridger treaty remains the basis for the government-to-government relationship between the Shoshone-Bannock Tribes and the United States.

May, 1977, Hispanic Cultural Center of Idaho

The Hispanic Cultural Center of Idaho (HCCI) was incorporated in May of 1977 and received its 501(c) (3) non-profit status in 1998.

1975, Indochinese Refugee Assistance Program

Idaho entered the refugee resettlement arena in 1975 when Governor John Evans established the Indochinese Refugee Assistance Program in response to the need for all states to participate in the resettlement of refugees fleeing the overthrow of U.S. supported governments in Southeast Asia.

1972, Equal Rights Amendment

In 1972 Idaho became the first state in the nation to ratify the Equal Rights Amendment. An amendment to the United States Constitution first proposed in 1972 to give equal rights to women and men. The Equal Rights Amendment is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex; it seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters. and men ever since.

April 7, 1969, Idaho Human Rights Act

Republican Gov. Don Samuelson’s advisers drafted a bill that granted the proposed commission only investigative and advisory powers in areas of employment opportunities, housing, education and public accommodations. In essence, this served to create a commission to oversee the provisions outlined in the earlier 1961 Anti-discrimination Act. And, like that Act, the commission would be powerless on its own to enforce the law. A 1971 study showed the Commission lacked direct enforcement and subpoena powers, was woefully underfunded and had no “statutory assurance” allowing for “effective complaint processing procedures.