#

The bipartisan effort to make New Hampshire’s Medicaid expansion permanent got a push Wednesday as the Senate Health and Human Services Committee heard from people like Manchester’s Michelle Lawrence, who said the law allows her to get vital cancer care. 

Lawrence, who is suffering from a rare form of cancer, told lawmakers she was finally able to focus on her health once she received care through New Hampshire’s Granite Advantage plan.

“For the first time in my cancer journey, the primary focus in my care has not been on insurance and insurance costs,” Lawrence said. “I’m not getting up in the middle of the night having to think about delaying care or paying rent.”

Senate President Jeb Bradley (R-Wolfeboro) joined Nashua Democrat Sen. Cindy Rosenwald in urging the committee to approve SB 263, the bipartisan bill that would make Medicaid expansion permanent.

“I think our law is a good common-sense law and should remain in place,” Bradley said.

Making Medicaid permanent is part of Gov. Chris Sununu’s budget plan. Ben Vihstadt, Sununu’s communications director, said Sununu is ready to make sure the bill gets to his desk.

“Gov. Sununu worked with legislators in 2018 to deliver a five-year reauthorization of Medicaid Expansion in a fiscally responsible manner and supports this permanent step. He looks forward to working with the legislature this session to get this bill across the finish line,” Vihstadt said.

Granite Advantage, which currently provides health care to 94,000 residents, was last reauthorized in 2018 and is set to expire at the end of June. The current proposal will make the program permanent, meaning it will not have to come back for reauthorization if approved.

New Hampshire first expanded Medicaid in 2014 under President Barack Obama’s Affordable Care Act. Henry Lippman, New Hampshire’s Medicaid director, said the program is expected to decrease to about 64,000 enrollees by the end of the year as the COVID-19 emergency authorization is expected to be phased out.

Extending Medicaid to low-income Granite Staters has been economically beneficial to the state’s hospital system, according to Steve Ahnen, president of the New Hampshire Hospital Association. Uncompensated care for hospitals dropped to $69 million in 2021, down from $173 million in 2014.

Uncompensated care costs all Granite Staters, Ahnen argued, and the bills are generally passed on through higher premiums to those with insurance. Bradley said the program has cut this hidden tax while also bringing down the cost of insurance for everyone else. 

Business & Industry Association President and CEO Michael Skelton said keeping Medicaid expansion in place is good for businesses and people. Access to healthcare means employees won’t lose time to serious medical problems, and businesses that are already short-staffed will be able to4 remain open.

“A healthy population contributes to worker availability,” Skelton said.

And without Granite Advantage, New Hampshire could lose up to $500 million a year in federal funding while having to shoulder the costs of uncompensated care alone.

“We benefit from an overall healthier population,” Skelton said. “Hospitals and other caregivers avoid catastrophic loss of revenue and employers and employees across the state will benefit from individuals being healthy enough to work.”

Robert Dunn, director of public policy for the Roman Catholic Diocese of Manchester, made a moral argument for Medicaid expansion, saying the expanded coverage has likely saved lives. Speaking on behalf of Bishop Peter Libasci he urged the committee to support the permanent expansion.

“I think we can say it’s a pro-life measure,” Dunn said. 

Though the bill had bipartisan support in the Senate committee, there is resistance in the House of Representatives, sources say. And the influential Americans for Prosperity – NH opposes the move. State Director Greg Moore said the plan incentivizes people to earn less income in order to qualify for health care.

“This regressive policy works to keep people in poverty instead of lifting them out of – it is the opposite of the Live Free or Die way of life,” Moore said. 

But Moore’s position did not carry the day. The committee voted unanimously to approve the bill, sending it to the full Senate for a vote.

On Tuesday, House Democrats came within a single vote of approving a bill undermining the state’s Education Freedom Accounts, a sign of their commitment to waging war on the popular school choice program.

Hours earlier, Gov. Chris Sununu released his budget proposal for the biennium, proposing a doubling of EFA funding and expanding the number of eligible families. With polls showing overwhelming support for parental control of education, it’s an issue Republicans are likely to continue to advance.

The expanded EFA funding was part of an education budget proposal to add “an additional $200 million over the next two years — and an additional $1 billion over the next ten years – all with a priority towards school districts that need this aid the most,” Sununu said Tuesday. “These investments, which flow directly to local schools, will help cities and towns lower their property taxes.”

Participation in the EFA program has outstripped original estimates, with more than 3,000 students in the program in just its second year. Democrats say this is a sign the program was poorly designed, and they complain that most parents accessing the funding were already sending their children to private schools.

Their solution — in HB430 and SB141 — is to force parents who want to use EFA funding to send their children to private, parochial or home school must first force them to spend a year at their locally-assigned public school. Even if the student is already thriving in the school chosen by their parents.

As progressive state Sen. Debra Altschiller (D-Stratham) told the state Senate Education Committee last month, while there are some students for whom their public school “may not be the best fit….We can’t know how anything fits without first trying it.”

Using EFA funds “should require families avail themselves of the educational opportunities offered to them first,” Altschiller said. “Before opting out of the public school system, take advantage of the educational opportunities in your community provided to you.”

Rep. David Luneau (D-Concord), prime sponsor of the House bill, is deputy ranking member of the House Education Committee. He echoed Altshiller’s objections.

“Rather than simply transferring state funds when students leave public school, the program is open to students already in private education, who otherwise receive no state funding,” Luneau said in a statement. “This has caused the EFA budget and tax obligation of Granite Staters to quickly skyrocket, as most vouchers awarded have gone to students already in private school.”

The EFA program is already limited to families earning less than 300 percent of the federal poverty level. This year it will cost $14 million of the total $3.5 billion New Hampshire spends on k-12 education.

Still, Democrats are determined to end it. Even if it means disrupting educational success, critics say.

“Some legislators in the House wanted to force Granite State students to return to institutions that they already have chosen to leave,” said Sarah Scott of Americans for Prosperity New Hampshire. “Besides being highly disruptive to students’ education and traumatizing to students who have encountered bullying or fled ineffective learning environments, it undermines the decisions that parents have already made for their children.”

Altschiller sent her own children to expensive private academies.

During a Senate committee hearing on the bill, parents with children already using alternative education would be pushed back into public schools that had already failed them.

“I have a 5-year-old who started home school this year — does she need to go to second grade for a year, and then come out again, so we can take advantage of the funds?” asked James Van Nest of Dorchester, N.H. “My son hasn’t finished a full year of public school. Does he now need to re-enter the school system and then can we use the funds once we take him out?”

Despite the potentially drastic impact of the bill, every Democrat in the House except one — Philip Jones of Keene — voted for it on Tuesday, and every Democrat in the state Senate is a cosponsor, a sign of the depth of their opposition. The House vote came just days after an NHJournal poll found overwhelming bipartisan support for parental rights in decisions regarding the education of their children.

The vote was so close, Speaker Sherman Packard had to take the unusual move of casting a vote from the chair to create a 185-185 tie, preventing it from being sent on to the House Finance Committee. In a subsequent vote, the Democrats’ plan was tabled 186-183.

“It is disappointing that Republicans voted to the unsustainable giveaway to current private school students today, but House Democrats will continue fighting to establish appropriate guardrails in the EFA program,” Luneau said.

“For Democrats, kids are nothing more than ‘school funding units,” responded Rep. Glenn Cordelli (R-Tuftonboro), also a member of the Education Committee. “We believe they are children who deserve the best education that meets their needs – as determined by their parents.”

Backed into a corner by a steady stream of negative press over the city’s homeless crisis, Manchester Mayor Joyce Craig got the legal go-ahead to clear a downtown homeless encampment.

Craig announced the evictions earlier this month in response to public outcry over the encampments downtown, with the original plan to clear the streets by Tuesday. However, the New Hampshire ACLU filed for a temporary restraining order to block the city from removing the homeless people, halting Craig’s plans.

On Tuesday, Superior Court Judge John Kissinger ruled the city can remove the approximately 50 homeless people from the sidewalk as the encampment represents a danger to the community at large.

Kissinger cited recent deaths, as well as close to 400 calls for police service at the camp, including assaults and drug overdoses.

“Considering the grave risks to public health and safety posed by the ongoing presence of the encampment on public sidewalks in downtown Manchester and the availability of safe alternatives for the people living in the encampment, a temporary restraining order is not justified,” Kissinger wrote.

Craig announced Tuesday the camps will be cleared Wednesday, with space being made available through a partnership with the YMCA to create a women’s shelter at the former Tirrell House. That space is the result of Gov. Chris Sununu’s intervention at the state level.

The city is also opening a temporary warming shelter with cots at the William B. Cashin Activity Center.

“City employees and non-profit partners have been working around the clock to ensure the health and safety of both the individuals experiencing homelessness in Manchester and the community at large,” Craig said in a statement released Tuesday afternoon.

Craig’s staff did not respond to NHJournal when asked if there would be enough space for all the homeless people being evicted.

Stephen Tower, a staff attorney with New Hampshire Legal Assistance, expressed disappointment in Kissinger’s ruling and cast doubt on Craig’s ability to adequately shelter the people she is evicting.

“Without a plan to immediately relocate and provide a higher level of shelter and services, this eviction will only perpetuate the cycle of chasing these houseless individuals from place to place, alienating and endangering them further,” Tower said.

Gillies Bissonnette, legal director with the New Hampshire ACLU, did not respond to a request for comment.

Also on Tuesday, Sununu sent a pointed response to a recent letter from Craig and seven other Democratic mayors attempting to shift the blame for their communities’ homeless problems onto the state. Craig, Nashua Mayor Jim Donchess, Berlin Mayor Paul Grenier, Franklin Mayor Jo Brown, Dover, Mayor Bob Carrier, Somersworth Mayor Dana Hilliard, Claremont Mayor Dale Girard, and Laconia Mayor Andrew Hosmer blamed Sununu in their Jan. 3 letter for not doing enough.

“The state has always and will continue to be open to meaningful collaboration on this issue with your cities and other municipalities across the state,” Sununu wrote. “However, politically motivated letters merely muddy the water and make that mutual goal of collaboration more difficult to achieve.”

Sununu’s letter recounted the millions of dollars the state has already put into dealing with homelessness and housing.

• $100 million for InvestNH to make rapid investments in more affordable housing
• $20 million for families in crisis through this winter
• $4 million to build statewide healthcare access for individuals experiencing homelessness
• $4 million for emergency shelter bed capacity and expansion in addition to our typical$2.9 million annual general fund appropriation
• $2.25 million for the landlord incentive program
• $1 million for winter warming shelters

Meanwhile, Sununu has repeatedly noted Craig and the other mayors are sitting on a combined $73 million in unspent federal funding that could be used on homeless shelters and services.

Alderman Joseph Kelly Levasseur said if Manchester residents want someone to blame, they should look to the other communities around the state, many with Democratic mayors, who have the resources to shelter some of the state’s homeless but are content to see them shunted off to the Queen City.

“Manchester is the dumping ground for the rest of the state,” Lavasseur told NHJournal. “If every community took just two or four people into their towns, the relief they could provide — not only to the city of Manchester but also these homeless persons — would be incredibly powerful. This has to be a state-wide issue dealt with by all towns, counties, and cities in New Hampshire.

“Manchester cannot continue to do this on its own; and provide our property owners and taxpayers the level of comfort, safety, and quality of life they deserve.”

Global Medical Response released its November numbers for opioid overdoses and deaths on Monday. It reported a 30 percent increase in opioid-related overdose deaths in Nashua and Manchester so far this year, and a total of 112 opioid-related overdose deaths according to GMR’s Christopher Stawasz.

Those overdoses and deaths are directly related to the flow of fentanyl across the border from Mexico and making its way to the Granite State.

But just hours after the GMR report, White House Press Secretary Karine Jean-Pierre insisted criticism of the Biden administration’s border policy is exaggerated.

“It would be wrong to think that the border is open. It is not open,” said Jean-Pierre said. 

Border security advocates and elected officials don’t agree.

Illegal border crossings have skyrocketed in recent years, jumping from 405,000 in fiscal year 2020 to 1.6 million in 2021. In fiscal year 2022, which ended in October, the figure spiked again to more than 2.2 million. 

And with that record flood of migration comes drug trafficking and other crimes, said Jessica Vaughan, director of policy studies for the conservative Center for Immigration Studies.

“The tragic spike in deaths from fentanyl and other dangerous illicit drugs is a direct result of the Biden administration’s failure to control the border and to enforce immigration laws in the interior, which makes the deadly drug trafficking business way too easy and profitable for the cartels and all their operatives and subsidiaries,” Vaughan said. “Because the Border Patrol is so tied up with processing and with care and feeding of the thousands of illegal migrants taking advantage of the catch and release policies, there are no agents on the line to prevent the drug traffickers from getting their product over the unguarded areas.”

Chinese organized crime syndicates, working with Mexican cartels, ship precursor drugs to Mexico where fentanyl and methamphetamines are manufactured. Those deadly drugs are then smuggled over the southern border and then flow freely throughout the United States.

According to the Drug Enforcement Agency, Chinese syndicates are mostly responsible for illicit drugs obtained through online markets and sent through the mail to the United States, while the Mexican cartels are manufacturing hub for drugs that get smuggled into the U.S. India is emerging as a new source for fentanyl that gets smuggled into China and then sold into America according to an unclassified DEA report.

New Hampshire Gov. Chris Sununu scoffs at the Biden administration’s claims they have got the situation under control.

“Yes, the governor believes the nationwide surge in drug deaths is a direct result of fentanyl coming across the southern border,” said his spokesperson Ben Vihstadt. “The unfettered movement of these drugs has created more of a ‘cartel driven’ market than ever before. It’s not just over-prescribing or user demand. The cartels are now putting fentanyl in a variety of other substances to drive their market of addiction.”

Even the Biden administration believes the problem is likely to get worse with the court-ordered end of the Title 42 border policies put in place by President Donald Trump during the COVID-19 pandemic. A DHS memo obtained by CNN warned the end of Title 42 will “likely increase migration flows immediately into the U.S.,” and they predict 14,000 unauthorized migrants crossing into the country each day.

On Monday, Jean-Pierre appeared to suggest the Biden administration opposed ending Title 42 and blamed the policy shift on the courts. “What I am telling you is that it was a court order that was — that we are following. And we’re going to follow the law when it comes to what the court has decided to do.”

But President Biden announced on April 1 he planned to end the policy on May 23. The courts prevented the administration from doing so until now.

U.S. Supreme Court Justice John Roberts has issued a temporary halt to ending the policy.

During their reelection bids last month, both Sen. Maggie Hassan and Rep. Chris Pappas said they opposed the Biden plan to end Title 42 and wanted the administration to continue turning away would-be migrants. Sununu agrees.

“The governor believes the Biden administration must do everything in its power to extend Title 42 and secure the border and is pleased the Supreme Court just this evening halted Title 42 from expiring,” Vihstadt said.

Vaughan said the fentanyl crisis will get worse until the Biden team gets serious about securing the border.

“There is little to inhibit the flow of this illegal poison into communities – the product and the people who distribute it are able to do so with impunity,” Vaughan said. “But if we could regain control of the border and deport the criminals who are trafficking the drugs here, authorities could begin to clean up the streets.”

The only protestor convicted for protesting COVID-19 lockdowns in front of Gov. Chris Sununu’s home is taking his case to the New Hampshire Supreme Court.

Frank Negus Staples, aka Foot Loose, is appealing his conviction on one count of disorderly conduct for his role in the protests outside the homes of Sununu and Chief Justice Gordon MacDonald. He was among nine people arrested during the protests, and the only one convicted.

“We were all found not guilty of ‘picketing,’” Staples said. “I was found guilty of ‘disorderly conduct.’”

NHJournal reporter Chris Maidment was arrested during the protests and charged with picketing, despite identifying himself to authorities as a journalist on assignment. NHJournal earned a First Amendment award from the New Hampshire Press Association for its work on the story, and the charges were dismissed before the case went to trial.

MacDonald, who was New Hampshire’s Attorney General at the time of the protests, has recused himself from the case according to Staples. MacDonald’s Department of Justice was instrumental in creating the picketing ordinance used to charge the protestors.

“Gordon MacDonald has recused himself from the case due to his direct involvement in the creation of the town ‘picketing’ ordinance and how to enforce it,” Staples said.

The New Hampshire Supreme Court accepted Staples’ appeal as part of the dozens of cases accepted in November. A hearing date has not been set.

After Sununu started conducting government business from his home due to the pandemic, opponents of the governor’s COVID-19 policies started protesting in the street outside. Sununu and his neighbors expressed their unhappiness with the crowds of sign-waving demonstrators in their cul-de-sac, but the protestors were on public property.

In response, the town Board of Selectmen, including Sununu’s brother Michael, drafted an anti-picketing ordinance designed to discourage — if not prevent — the protests. Three members of the Sununu administration, including Department of Safety Commissioner Robert Quinn, testified on behalf of the protest ban at a December 8 select board meeting.

The language for the ordinance came directly from the Attorney General’s Office, according to emails obtained by NHJournal.

Concord attorney Seth Hipple, who represented several of the protesters, including Maidment, told NH Journal last year that the government is holding a losing hand.

“The prosecution’s case was a dumpster fire,” Hipple said.

None of the arresting officers were able to individually identify any of the protesters who were charged, and they were unable to specify what actions the protestors took that violated the law, according to Hipple.

Staples, who told NHJournal people do not like it when he gets loud, was a fixture at anti-COVID lockdown protests throughout the pandemic. He was among several people arrested at an Executive Council Meeting last year who were protesting a federal contract to pay for COVID vaccines.

Staples was also the lead protestor at the September 2021 Executive Council meeting that was shut down because of safety concerns.

Staples made statements to New Hampshire Department of Health and Human Services employees that they deemed threatening.The employees were unnerved and subsequently escorted to their cars by New Hampshire State Police Troopers. Staples, who was shouting and acting in an aggressive manner through the meeting denies he meant a threat when he shouted “we know where you live” to the DHHS employees.

Staples and several other protestors at the September 2021 Executive Council meeting were investigated by Attorney General John Formella’s office, but no charges were ever brought.

State employees won’t be able to use the video-sharing social media app TikTok now that Gov. Chris Sununu has signed an executive order outlawing the service from state-issued smartphones. 

“New Hampshire is joining the growing list of states that have banned TikTok and other Chinese companies from state government devices and networks. This move will help preserve the safety, security, and privacy of the citizens of New Hampshire,” Sununu said.

The order banning the tech, linked to the Chinese Communist Party, was signed on Wednesday.

Sununu’s decision is supported by House Speaker Sherm Packard (R-Londonderry) who told NHJournal, “There’s no way in hell TikTok should be on any state-owned device.”

Several states with Republican governors have banned the software from government-issued phones, including Maryland, South Carolina, South Dakota and Utah. And Indiana is suing TikTok, claiming the app exposes children to harmful content.

TikTok is popular with teens and Gen Z, but it carries a known security risk. TikTok’s Chinese parent company, ByteDance, is required by Chinese law to make the app’s data available to the Chinese Communist Party.

This week Sen. Marco Rubio (R-Florida) was successful in getting the Senate to pass a measure banning the app from federal government-issued phones and devices. 

Rubio says his Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act (ANTI-SOCIAL CCP Act) would protect Americans by blocking and prohibiting all transactions from any social media company in, or under the influence of, China, Russia, and several other foreign countries of concern.

“This isn’t about creative videos — this is about an app that is collecting data on tens of millions of American children and adults every day,” Rubio said in a statement. “We know it’s used to manipulate feeds and influence elections. We know it answers to the People’s Republic of China. There is no more time to waste on meaningless negotiations with a CCP-puppet company. It is time to ban Beijing-controlled TikTok for good.” 

Rubio’s bill now goes to the House of Representatives.

New Hampshire cannot ban the app from private users, but it can control what goes on to the phones it hands out to state employees. Individual New Hampshire state agencies are responsible for issuing iPhones to employees to use for state business purposes, but all the phones are controlled through the DoIT.

Denis Goulet, commissioner for the Department of Information Technology, said Thursday the state already prohibits the use of the app on the state-issued iPhones.

“We hadn’t been allowing TikTok on our state devices anyway,” Goulet said.

Goulet said employees already agree not to use TikTok as part of the agreement when they are issued their phones. All non-state business is already banned. “Stuff that is clearly non-business, or things that are inappropriate, or things that are a risk are proscribed,” Goulet noted.

Asked about Sununu’s move, House Majority Leader Jason Osborne simply replied, “I am going to miss the daily dance videos from the Insurance Department.”

Changing New Hampshire’s bail reform system, which critics say allows dangerous criminals to walk free, is a top priority for both Republican Gov. Chris Sununu and his Democratic challenger, state Sen. Tom Sherman, D-Rye. 

“There should be outrage and appetite for change,” Sununu told WMUR’s Adam Sexton this weekend.

Sununu signed a bail reform bill in his first term after being assured it would balance public safety and the goal of avoiding putting non-violent offenders in jail for minor offenses. Instead, critics say, serious criminals are being released and reoffending.

“I signed it because it had the support of law enforcement,” Sununu said. “I said ‘Will this work?’ Everyone believed it would be OK, so we signed it. But we all see what was happening.”

Sununu was referencing the August murder of an elderly Manchester man by a suspect who had been arrested twice in the weeks leading up to the stabbing.

Manchester resident Daniel Whitmore, 75, was found with multiple stab wounds on a walking trail near Bradley Street in August. The suspect in the murder, homeless man Raymond Moore, 40, had been arrested twice last summer. Once in July in Nashua for resisting arrest and disorderly conduct, and again in August for another apparent stabbing incident. He was released from custody, and without bail, in both cases.

Manchester’s Democratic Mayor Joyce Craig took to Twitter to decry the state’s lenient bail system.

“Our criminal justice system cannot continue releasing violent offenders back onto our streets. I, once again, urge our legislators to act quickly and address this issue. The safety of our residents is at stake,” Craig said.

During his own WMUR appearance last weekend, Sherman also voiced support for changing New Hampshire’s bail laws to keep violent suspects locked up.

“Do I support rebalancing bail reform? Absolutely. Do I support protecting people from violent criminals? I always have,” Sherman said.

Sherman and Sununu supported the effort this year to change bail laws, but that proposal died in the legislature when the House voted it down. The bill lost support largely from Democratic members. Sherman said too many people did not seem to understand how the bill would work.

“The solution is we have to recognize — whatever we do for bail reform, we have to make sure the system will support it,” Sherman said. “That was the problem. The system did not support, with adequate scrutiny, who was being released and who was not.”

Sununu blames the left, especially progressive organizations like New Hampshire’s ACLU, for blocking the bail reform effort.

“You have the ACLU, these extreme left-wing groups that say they do not want to change anything,” Sununu said. “You have individuals that get arrested, they are getting out before the cop that arrested them has done the paperwork. It is messed up,” Sununu said.

New Hampshire’s ACLU claims the bail laws allowing more people to be released from custody has made New Hampshire safer. They say instead of finding ways to keep more violent suspects locked up, the legsilators should fund more community needs.

“Lawmakers should focus our limited tax dollars on investments that will actually make our communities safer and more just, like housing, transportation, and mental health and substance use treatment,” the ACLU stated earlier this year. “Pretrial detention has a devastating human toll. Even for a short period of time, it increases the likelihood of innocent people pleading guilty to a crime, loss of employment, income, and housing, and traumatic family disruption.”

The conservative Americans for Prosperity also opposed this year’s bail reform efforts, but it does support changes to the law. Ross Connolly, AFP’s deputy state director, said the organization wants to see bail commissioners replaced with magistrate judges when it comes to deciding who can be released and who needs to stay locked up.

“Pre-trial detention is a balance between public safety and the presumption of innocence,” Connolly said. “We understand the concerns with bail, and there is a way to address the issue without throwing out individual rights. Replacing bail commissioners with a magistrate system is a fix that all sides can get behind.  A magistrate system will improve public safety, will pass the legislature, and will cost Granite State taxpayers less than other proposals.” 

A Hillsborough Superior Court judge has dismissed the lawsuit brought by a Manchester mother who says the school district’s transgender policy is interfering with her rights as a parent, with the judge ruling the mother’s rights as a parent are “not absolute.” 

Judge Amy Messer ruled the Manchester School District’s policy directing teachers and staff not to fully and accurately inform parents about their child’s expressed gender identity is fine. Messer ruled parents ultimately do not have the right to direct how their children are to be educated in public schools.

“(T)he right to make decisions about the care, custody, and control of one’s child is not absolute,” Messer wrote.

The mother, who filed the lawsuit under the pseudonym Jane Doe, stated in her original complaint that she found out in fall 2021 that her child was using a different pronoun and gender identity at school. The name of the school was withheld in court documents to protect the child’s identity.

The mother spoke with school staff, including the student’s guidance counselor. The mother made it clear she wanted her child to be called by the name and pronouns the child had at birth while in school, according to the lawsuit.

Even though the staff she spoke to initially agreed, the mother soon received an email from the school principal stating that, due to the district’s policy, the mother’s instructions were being overridden. The principal stated the district’s policy requires school staff to keep such matters secret from parents if the child so chooses, according to the lawsuit. Even if staffers agree to use the child’s true gender identity when speaking with the mother, they would be obligated to not tell the mother if the child wished to be identified as something else.

The policy states teachers and staff are not to tell anyone about a child’s gender identity without the express consent of the child. School employees are also directed to use the child’s biological pronouns and given name when talking about the child to people who do not know about the nonconforming gender identity.

Messer ruled the policy, which was originally produced by the National School Boards Association and adopted by the Manchester school district, does not interfere with parental rights because parents can still direct their child’s home life. Parents can still interact with their children, direct their medical care, and supervise their social lives outside of school.

“In short, the policy places no limit on the plaintiff’s ability to parent her child as she sees fit,” Messer wrote.

Messer’s ruling mirrored arguments laid out by school district attorneys, who essentially claimed Doe had no right to direct what happens to her child in the school building.

The district’s motion to dismiss claimed the policy did not interfere with the parent-child relationship, since the mother was free to have the child identify as their birth gender at home. However, according to the motion, the mother has no rights when it comes to the child’s identity at school.

“Whatever the scope of a parent’s rights vis-a-vis their transgender or gender nonconforming children, they do not include the right to force a school district to act as a conduit for the parent exercise of those rights in this fashion,” the motion stated.

Manchester School District did not respond to multiple requests for comment. Doe’s attorney, Richard Lehmann, said he was not done with the case.

“We will appeal the ruling,” Lehmann said.

Issues like Manchester’s transgender policy were behind this year’s push in the State House for a parental bill of rights. The proposal died in the previous session after Gov. Chris Sununu signaled he would veto the bill over concerns about the privacy and safety of the students.

A new New York Times/Siena College poll finds widespread opposition to the approach to sex and gender policies in schools pushed by progressive districts like Manchester. More than two-thirds of registered voters oppose sexual orientation and gender identity being taught in elementary school, Among independent voters, 71 percent oppose it, 57 percent of them strongly.

Shannon McGinley, executive director with the conservative Cornerstone Action organization, declined to comment on the lawsuit’s dismissal. McGinley and Cornerstone vocally supported the parents’ bill of rights.

“Schools are not courts of law and should not have the authority to unilaterally deprive people of recognized legal rights. This is a government entity that is increasingly being given vast and unquestioned power over our lives and the lives of our children,” McGinley said of the bill.

Granite Staters will get help this winter paying for heat and electricity after the legislature passed a $42 million plan to fund energy assistance for the middle class. 

“New Hampshire just delivered the largest energy relief package this state has ever seen, helping families in need this winter – using our state surplus funds,” said Gov. Chris Sununu as he signed a bill passed during the “Veto Day” session Thursday.

Democrats, on the other hand, used the news to repeat the debunked claim that Sununu is responsible for setting the state’s utility rates.

“The legislation the House just passed is critical to helping Granite Staters affected by Governor Sununu’s record electric rate hikes this fall,” said House Democratic Leader David E. Cote (D-Nashua).

Utility rates are set by the independent Public Utilities Commission.

Partisan rancor ahead of the midterm elections was not enough to prevent the legislature from enacting utility relief at a time when energy costs are soaring in New Hampshire and nationwide. The 12-month inflation rate is currently 15.8 percent for electricity and 33 percent for natural gas.

The new law uses surplus New Hampshire state budget funds to expand energy assistance this year, allowing middle-income New Hampshire residents to qualify for aid. Previously, the aid was only available to households earning up to 60 percent of the state median income. Lawmakers expanded eligibility to families earning up to 75 percent of the median, who can now apply for up to $450 in heating assistance and another $200 in electricity assistance.

Sununu originally wanted to use $60 million in surplus funding to send every home $100 in energy assistance, but that plan was rejected by lawmakers who came up with a more targeted proposal.

“That seems like a meaningless political gesture to me,” Rep. Steve Smith (R-Charlestown), said of Sununu’s initial plan.

Instead, lawmakers passed their proposal that will use $25 million on emergency fuel and electric assistance, $10 million on aid for electricity bills, and $7 million on an electric assistance program. The state’s surplus will be at around $120 million after the assistance is paid out.

Rep. Marjorie Smith (D-Durham) said the bill is not a long-term solution to high energy prices in New Hampshire, but it will help.

“Maybe it’s just a band-aid, but if you scrape your knee a band-aid helps,” she said.

House Speaker Sherman Packard (R-Londonderry) said not only will the bill help people pay for heating this winter, but it does so in a responsible manner.

“The fiscally responsible leadership of the General Court of New Hampshire has produced a budget surplus which allows us to create this one-time emergency relief package that will help offset rising fuel and electric costs this winter,” Packard said. “This bill provides direct relief to those in need and reduces the anticipated burden placed upon municipal welfare programs – a cost that would otherwise be passed along to property owners at the local level. We believe these surplus funds will alleviate some of the financial pressure for NH families who would otherwise not qualify for existing assistance programs. By coming together today, we chose New Hampshire citizens over party politics.

House Majority Leader Rep. Jason Osborne (R-Auburn) blamed President Joe Biden and members of New Hampshire’s federal delegation for making inflation worse.

“Due to no fault of their own, many Granite Staters who have not previously needed assistance may find themselves unable to pay their bills this winter and do not qualify for the federal assistance programs. We want to ensure those people have some help,” Osborne said.

New Hampshire Democrats, however, point the finger of blame for rising utility costs at Sununu.

“New Hampshire has become an outlier in New England with record rate increases because Gov. Sununu has consistently rejected efforts to increase energy efficiency and production of renewable energy,” Cote said. “Granite State families cannot afford the 50 percent increase that will hit them this fall, and this bill provides temporary relief for lower-income households that are ineligible for existing programs.”

In fact, New Hampshire currently has the second-lowest electricity rates in New England and historically had lower rates than Massachusetts.

The legislature also failed to override any of Sununu’s eight vetoes.

The headline at left-leaning InDepthNH reads, “Questions raised about donation from Gunstock to Sununu’s 2020 campaign.”

Right-wing secessionist state Rep. Mike Sylvia (R-Belmont) called it “inappropriate and possibly illegal.”

So, what is the deal with the $500 campaign donation from the Gunstock Area Commission (GAC) to Gov. Chris Sununu’s 2020 campaign?

The answer, according to experts on New Hampshire election law, is “not much.”

Sununu actually received two campaign donations made to the Friends of Chris Sununu from the Gunstock Area Commission, one for $500 to his 2020 campaign and another to his 2022 re-election bid of $1,000. His opponents have suggested the money — approximately 0.07 percent of the $1.9 million Sununu raised for the 2020 campaign — may have influenced his behavior toward the county-owned facility.

Leaders in the New Hampshire Democratic Party suggested Sununu broke the law, or at least created the possibility of criminal action, by accepting the GAC donation. Gunstock is owned by the people of Belknap County and operated by the management team hired by the commissioners. The commission is appointed by the members of the county’s House delegation, led by Sylvia.

“Gunstock is publicly funded by Belknap County taxpayers, and if Sununu were to have used that public funding for his 2020 gubernatorial campaign, that donation could be in violation of campaign finance law,” the New Hampshire Democratic Party said in a statement.

Sununu’s team, led by campaign advisor Paul Collins, has maintained from the beginning the allegations were nonsense.