The Montana Medical Association and (9) other Plaintiffs have filed a Complaint in US District Court (Missoula) against Attorney General, Austin Knudsen and the Commissioner of Labor and Industry, Laurie Esau.  The Complaint makes the following claims in an attempt to invalidate MT House Bill 702

          (1) It is a "Violation of Employers' Obligation Under the Americans with Disabilities Act to make Reasonable Accommodations"

          (2)  It is a "Violation of the Public Accommodation Provision of The Americans with Disabilities Act"

          (3)  It is a "Violation of the Occupational Safety and Health Act [OSHA]"

          (4)  It is a "Violation of OSHA Regulation"

          (5)  It is a "Violation of Montanans' Constitutional Right To a Safe and Healthy Environment"

          (6)  It is a "Violation of Montana's Constitutional Obligation To Maintain a Healthy Environment"

          (7)  It is a "Violation of Montana's Constitutional Obligation To Provide Equal Protection of the Laws"

          (8) It is a "Violation of Equal Protection Clause of the Fourteenth Amendment"

     The plaintiffs are seeking the following relief from the Court:

          (1) Declaratory relief that "...HB 702 § 1 is invalid and unenforceable against Offices of Private Physicians..."

          (2) Injunctive relief "...prohibiting the Defendants from enforcing [HB 702] against Offices of Private Physicians..."

          (3)  Declaratory relief that "...HB 702 § 1 is invalid and unenforceable against Hospitals..."

          (4)  Injunctive relief "...prohibiting the Defendants from enforcing [HB 702] against Hospitals..."

          (5)  Compensation for attorney's fee's

          (6)  Such other relief as may be just and proper.

The Complaint was filed on 9/22/2021 and you can view the full text by clicking the attachment. 

Attachments
1-main.pdf (226 KB)