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Historical figures of New Hampshire, unite! You have nothing to lose but your state-funded highway markers.

The sponsors of a since-removed Historical Highway Marker honoring Concord-born Communist Elizabeth Gurley Flynn are appealing the dismissal of their lawsuit against the state. They argue no person from the Granite State’s past is safe from having their legacy erased from the public record — a common practice in Josef Stalin’s Soviet Union.

Attorney Andru Volisnky says Merrimack Superior Court Judge John Kissinger was wrong when he ruled against left-wing activists Arnold Alpert and Mary Lee Sargent, who supported the effort to have the state honor Flynn. Volinsky warned Kissinger’s ruling opens the door for anyone having their marker removed arbitrarily by the state.

“The court’s ruling protects the decision to remove the marker no matter the reason,” Volinsky wrote in his motion for reconsideration. “All removal decisions are protected from review by the court’s ruling on standing. No one could challenge a similar decision to remove a marker because the subject of the marker was a Republican or Democrat, woman, LGBTQIA, Black, Brown, Asian, or any other factor an executive councilor or a governor deems objectionable.”

The state removed the marker honoring Flynn last May, weeks after it was posted by the state’s Department of Natural and Cultural Resources. When more details about Flynn’s background became public — like her lifelong support for Soviet Communism and her state funeral in Moscow’s Red Square — several members of state government, including Gov. Chris Sununu, called for the marker to be removed.

Alpert and Sargent worked for months to collect signatures as part of the process to get the marker approved and installed. They filed the lawsuit challenging the subsequent removal, claiming the state did not follow its own procedures.

“The purpose of the marker program is educating the public about places, events, and people of historical significance, a category which certainly includes Elizabeth Gurley Flynn,” Sargent said. “There is no provision in statute or in the rules governing the marker program that says established markers can be removed based on ideological rather than historical grounds.” 

Kissinger’s March 20 dismissal, however, found neither Alpert nor Sargent have the legal right to challenge a decision that belongs to the state. The marker’s creation and installation was paid for by the DNCR, and it was installed on state-owned property in Concord.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Flynn, a labor activist, women’s rights pioneer, and founder of the American Civil Liberties Union, was born in Concord in 1890. She joined the Communist Party in 1936, a time when many Americans were abandoning it in response to Stalin’s purges. Flynn remained an unapologetic Stalinist, and as a result was kicked out of the ACLU in the 1940s.

Flynn was convicted in 1951 under the Smith Act for supporting a Communist revolution in the United States. She would eventually go on to lead the Communist Party USA. In 1964, she died while in Russia. An estimated 25,000 people attended her funeral in Red Square.

The left-wing activists who got the state to install a historical marker honoring Concord-born Communist Elizabeth Guerly Flynn don’t have the legal right to challenge the marker’s removal, Merrimack Superior Court Judge John Kissinger ruled.

On Wednesday, Kissinger dismissed the suit filed by outspoken progressives Arnold Alpert and Mary Lee Sargent against the state, ruling they lack the legal standing necessary to bring their lawsuit.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Alpert said he’s mulling an appeal of Kissinger’s dismissal.

“We’re reviewing the court order and considering next steps. I believe we have 10 days to file for reconsideration if we so choose,” Alpert said.

Alpert and Sargent’s attorney, Andru Volinsky, did not respond to a request for comment.

Elizabeth Gurley Flynn

The Historic Highways marker for Flynn was removed after state officials, including Executive Councilor Joe Kenney (R-District 1) and Gov. Chris Sununu, learned Flynn was an unrepentant Stalinist who led the Communist Party USA during the height of the Cold War. At one point, she was convicted of advocating the violent overthrow of the U.S. government.

Flynn was such a strong supporter of the Soviet Union that she received the rare honor of a Red Square funeral.

The monument was removed from its Concord location on May 15, less than two weeks after it was unveiled.

Volinsky tried to claim in court that Sununu illegally ordered the marker removed. But Kissinger wrote that the governor’s involvement was immaterial.

The marker was created and installed using state resources, and its removal was a decision made by state employees, according to Kissinger’s ruling. Because Alpert and Sargent have no right under any New Hampshire law to challenge the marker’s removal, whoever made the decision is not important, he wrote.

The marker was unveiled on May 1, May Day, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Kenney, who complained at the May 3 Executive Council meeting. At that meeting and in the ensuing days, Sununu promised to do something about the marker.

The Department of Natural and Cultural Resources changed the rules for removing historical highway markers after that May 3 meeting, allowing for the removal of markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and ordered the marker taken down on May 12.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

Flynn was a labor activist and an early feminist and helped found the American Civil Liberties Union. The ACLU would later oust her over her embrace of Soviet-style Communism.

Progressive activists who pushed for a state marker honoring a Granite State Stalinist are suing, claiming the Sununu administration did not follow procedure when it took down the historic plaque.

State officials changed the rules, then broke them, in the scramble to remove the sign honoring notorious Communist Elizabeth Gurley Flynn, according to the lawsuit filed this week.

The Historic Highways marker for Flynn, the former U.S. Communist Party Chair convicted of advocating the violent overthrow of the U.S. government, was removed from its Concord location on May 15, less than two weeks after it was unveiled. The marker is currently in the possession of the New Hampshire Department of Transportation.

Now, liberal activists Arnie Alpert and Mary Lee Sargent, represented by lawyer and former Executive Counselor Andru Volinsky, accuse Gov. Chris Sununu and others of breaking the law to get rid of the Flynn marker in the face of community backlash.

‘The State has the unequivocal legal duty to follow its own duly adopted laws and not to act by the fiat of the Governor and members of the Executive Council,” Volinsky wrote.

Alpert and Sarget want a judge to order the marker to be erected once again at its original Concord location.

The marker was unveiled on May 1, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Executive Councilor Joe Kenney, who lodged a complaint at the May 3 Executive Council meeting.

“Well, I’m going to say that this particular person has no historic value here in Concord. And this person, Elizabeth Gurley Flynn, was a profound Communist who died a Soviet, who was anti-American,” Kenney said. “I am dead set against this. And I think it’s an embarrassment that we have a program that allows us to put Communists on historical markers and then say, ‘Oh, that’s part of our history.’ It’s not part of my history.”

In the days that followed, Flynn’s record as an unrepentant Stalinist who supported the Soviet Union during the height of the Cold War and received a Red Square burial came to light. As members of the public began to speak out,  Sununu vowed to get rid of the marker and blamed Concord City Council members for approving its placement.

Concord officials rejected that argument, pointing out that the marker is a state sign for a state program approved and funded by the state.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

In a statement regarding the lawsuit, Sununu welcomed Alpert and Sargent’s court case, saying criticizing the government is an important part of the American Way.

“America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries. An avowed Communist who benefited from a state funeral in Moscow’s Red Square should not be celebrated in New Hampshire. All policies were followed when removing this Anti-American sign, and it will not be coming back under my watch,” Sununu said.

The Department of Natural and Cultural Resources changed the rules for removing Historic Highway Markers after that May 3 meeting, allowing for removing markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and, on May 12, ordered that the sign be removed. 

“Commissioner Stewart did not consult the State Historical Resources Council as required by the newly amended policy,” Volinsky wrote. “Nor was the reason for retirement officially recorded in the minutes of the State Historical Resources Council also as required by the newly amended policy.”

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. party chair in 1961.

She joined the Communist Party during Josef Stalin’s deadly purge and high-profile show trials, facts known to the public at the time. When Flynn joined in 1936, the Soviets had already murdered nearly 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. 

Her membership in the party got her expelled from the ACLU in 1940 when the civil rights groups formally denounced Communism. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. 

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

Imagine there’s no marker.

The now-infamous historical highway marker honoring home-grown Communist Elizabeth Gurley Flynn keeps causing headaches for the state.

A month after Gov. Chris Sununu had the state marker removed from its street corner in Concord, supporters of a commemoration of “Rebel Girl” Flynn are considering a lawsuit to get it put back.

“We are looking into options,” activist Arnie Alpert told NHJournal.

Alpert and Mary Lee Sargent, both long-time leftist organizers, filed the original petition for the state to erect the marker for Flynn. They also organized its unveiling on May Day, “one of the most important holidays in communist countries such as China, Cuba, North Korea, and the former Soviet Union,” according to Wikipedia.

When Republican members of the state’s Executive Council discovered who the marker was honoring and her history as an unrepentant Stalinist who sided with Moscow during the Cold War, they were outraged. They demanded answers from the Sununu administration, particularly the New Hampshire Department of Natural and Cultural Resources, about how such an honor could be approved and paid for by the state.

Under pressure, Gov. Chris Sununu first blamed Concord city leaders for the commemoration before conceding it was entirely a state project and having the marker pulled down.

Now Alpert and Sargent have brought progressive lawyer Andru Volinsky to restore the sign. Volinksy told NHPR the state broke its own rules when it had Flynn’s maker removed. Volinsky said the matter could be pursued in court as a violation of New Hampshire’s Administrative Procedures Act.

“In this case, there were rules and policies for historical markers both erecting and removing them,” Volinsky said. “It seems as though the rules to erect the marker were followed. Then some people issued an edict, and it was removed without following the rules. So, there are ways to enforce those rules through the court system.”

Alpert and Sargent warned the state before the marker came down that state rules need to be followed. In a letter they sent to Natural and Cultural Resources Commissioner Sarah Stewart, Alpert and Sarget cited her department’s rules regarding the removal of markers.

“At this time, there are no grounds for the marker’s removal which are consistent with your department’s policies,” they wrote.

They noted that the rules for getting a marker “retired” are specifically tied to the marker’s condition and not any prevailing political sentiment.

“The policy for retirement deals with markers that contain errors, are in a state of disrepair, or require refurbishment. None of these criteria apply to the marker in questions that would in any way justify its retirement,” Alpert and Sargent wrote.

Stewart has not responded to Alpert and Sargent’s letter, according to Volinsky.

Flynn was born in 1890 in Concord. Her family moved to New York City when she was 10. She became a socialist activist in her teens, eventually helping to found the American Civil Liberties Union. In 1936 she joined the Communist Party USA (CPUSA), eventually rising to national chairwoman in 1961.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Her decision to join the Communist Party during Stalin’s purges and high-profile show trials is particularly disturbing. In fact, Flynn was expelled from the ACLU over her membership in the CPUSA. A decade later, she was found guilty under the Smith Act for advocating the overthrow of the U.S. government by force and violence.

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

When Flynn joined the Communist Party in 1936, the Soviets had already murdered close to 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. When she became the head of the American Communist Party, dissident writer Alexander Solzhenitsyn was just a few years removed from serving a decade in the Soviet gulags and internal exile.

Volinsky told NHPR he hopes to be able to negotiate a resolution with the state.

It’s easy if you try.

The historic marker in Concord commemorating unrepentant Communist Elizabeth Gurley Flynn got sent to the ash heap of history as the Sununu administration finally stepped up and removed it from state property.

Now the progressive activists who pushed for the marker are complaining about its removal.

The New Hampshire Historical Highway Marker was unveiled on May 1 (May Day). It celebrated Concord-born Gurley Flynn as an early labor activist, a civil rights pioneer, a supporter of women’s access to birth control, and the former head of the Communist Party in America (CPUSA).

Gov. Chris Sununu first promised to get the marker removed after learning about it from irate executive councilors Joe Kenney (R-District 1) and Dave Wheeler (R-District 5) during a Governor’s Council meeting two days later.

“This is a devout communist. We are the ‘Live Free or Die’ state,” Kenney said. “How can we possibly promote her propaganda, which still exists now through this sign in downtown Concord?”

Sununu, however, did not immediately take the marker down. Instead, he and his administration blamed Concord city officials for the marker’s placement.

“Why Concord would want to put this in the first place, God knows,” Sununu said on Good Morning NH with Jack Health. “Just tell us to take it down we’ll take it down. I’d love to take it down.”

However, Concord City Attorney James Kennedy responded, making it clear in a letter to Department of Cultural and Natural Resources Commissioner Sarah Stewart that the state could do whatever it wanted with the marker it installed.

“To the extent that the State seeks removal of (the Flynn marker) a marker that it approved (title and text) created and installed, bearing the State seal and located on State property, the City takes no position on this issue,” Kennedy wrote.

On Monday, the Gurley Flynn monument was gone.

“Through their public statements, the City of Concord made clear they were not advocating to keep the marker up,” Ben Vihstadt, Sununu’s spokesman, said Monday. “In their communications with the state, it was learned that the marker was located on state property, not city property as previously believed, and therefore the marker was removed this morning.”

Far-left supporters of the marker and Flynn’s legacy cried foul.

“The policies of the Division of Historical Resources specify the conditions under which markers can be retired,” said Arnie Alpert, who, with Mary Lee Sargent, initiated the proposal for the Flynn marker. “Even under the policy’s latest revision, there is no provision for markers to be retired because of objections to their content.”

The pair continue to defend the marker saying Flynn is a historically significant person born in New Hampshire and should be recognized. “We still say that under the department’s own guidelines, Elizabeth Gurley Flynn’s birthplace in Concord is a fitting location for a historical marker,” Sargent said.

Flynn was an outspoken member of the American left who helped found the American Civil Liberties Union, which she was later kicked out of because she chose to join the Communist Party. In fact, Flynn joined in 1936, during the infamous purges under Soviet leader Josef Stalin that drove many other Westerners out of the party.

Flynn made no apologies for her Communism. In a May 6, 1940 speech, Flynn praised the USSR.

“On May Day, we salute the Soviet Union, land of socialism, land of peace and plenty, the great ideal of labor since time immemorial, the cooperative commonwealth of all who toil,” Flynn said.

Flynn was convicted in 1951 for fomenting the overthrow of the United States, later became head of the Communist Party USA, and was given a state funeral in Moscow’s Red Square by a grateful Soviet Union when she died in 1964.

Alpert and Sargent continue to insist the marker should have remained and that Sununu lacked the authority to remove it as he did. They say that, under the state’s guidelines, markers are only removed if they are in disrepair or contain text with factual errors. The state also requires a public hearing before any marker is removed.

“None of the conditions for the marker’s removal have been met,” Alpert said. 

Vihstadt, however, said the state acted correctly in taking down the sign.

“All policies and guidelines were followed in removing this controversial marker,” Vihstadt said.

The “Rebel Girl” is still causing headaches for the Sununu administration a week after the governor said he wanted the state Historical Highway Marker honoring Communist Elizabeth Hurley Flynn removed.

Despite the governor’s complaints, his own New Hampshire Department of Cultural and Natural Resources continues to tout the marker for Flynn, the former head of the American Communist Party, on its website.

“The N.H. Division of Historical Resources is pleased to announce that a New Hampshire Historical Highway Marker honoring Elizabeth Gurley Flynn, a well-known labor, women’s rights, and civil liberties activist, has been installed at the corner of Court and Montgomery Streets in downtown Concord, near the site of her birthplace,” reads the press release, which was still online as of Wednesday.

The message on a state-run website adds more weight to the case made by the City of Concord that the marker is a state, not municipal, matter.

Sununu has blamed the marker’s placement on Concord city officials, claiming he wants the marker removed but must wait for the city to act.

“Why Concord would want to put this in the first place, God knows,” Sununu said last week. “Just tell us to take it down, we’ll take it down. I’d love to take it down.”

After Executive Councilors saw red when they learned about the marker for Flynn — who Sununu and other state officials have called anti-American — Sarah Stewart, commissioner for the New Hampshire Department of Natural and Cultural Resources, took less than decisive action. Stewart sent a letter to Concord Mayor James Bouley asking him to ask the state to have the marker removed.

The problem for Stewart, Sununu, and all other anti-Communists in the Granite State is that the city has no control over the marker.

“We did not approve any marker, we don’t have that authority; we don’t approve the marker’s text, we don’t have that authority,” Bouley said this week.

The marker is part of a state program, paid for with state funds, and placed on state property. Or, as the state’s press release says, “The New Hampshire Historical Highway Marker program is jointly managed by the N.H. Division of Historical Resources and N.H. Department of Transportation.”

There is a legal way to remove a Historical Highway Marker, which is covered under state law.

Flynn was born in Concord and moved to New York with her family as a child. She became a leading labor and civil rights activist before joining the Communist Party. In fact, Flynn was kicked out of the ACLU, which she helped found, because of her membership in the Community Party during the Stalin regime.

Flynn became a Communist in 1936, three years after the USSR murdered close to 9 million people in a genocidal famine known as the Holodomor and was about to start killing millions more. When she died in 1964, Flynn received a state funeral in Soviet Russia in Moscow’s Red Square with 25,000 people attending.