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Despite years of trying to push remote legislating, Granite State Democratic lawmakers must show up to do their jobs.

United States District Court Judge Landya McCafferty this week dismissed the long-running lawsuit against Speaker Sherman Packard (R-Londonderry) over House rules requiring in-person attendance for representatives.

Since the COVID-19 pandemic began, New Hampshire Democrats have aggressively pursued policies to both mandate behavior in the cause of public health and to rewrite rules to accommodate those in fear of the virus. Mask mandates have proven to be largely ineffective in stopping the spread of COVID, and there is little evidence that restricting the behavior of healthy Americans had any benefit on health outcomes.

But that hasn’t stopped Granite State Democrats, who have past three years in court pushing to override House rules requiring in-person attendance to conduct the people’s business.

Packard has maintained the ultimate authority to set the rules lies with the House and not the courts. Judge McCafferty agreed.

“The order speaks for itself,” Packard said in response to the ruling. “It reaffirms our belief there is a democratic process by which the House adopts its rules, and that process is not subject to court intervention.

“Over the last two terms under my administration, we have worked tirelessly to keep legislative business moving forward. My hope is that we continue to work together and make some positive changes to benefit all New Hampshire citizens.”

McCafferty showed deference to Packard’s legal position, which was bolstered by a First Circuit Court of Appeals ruling issued last year. The authority to set attendance rules belongs to the House.

“The court is not unsympathetic to plaintiffs’ legitimate concerns. But it cannot base its decision on whether it agrees with the procedures voted upon by the New Hampshire House of Representatives,” McCafferty said.

Lawmakers have been meeting in person since the start of the 2022 House session, and all votes are done in person. There are remote options to participate in hearings, but that does not include the ability to cast votes remotely.

Democrats sued Packard, claiming he used the attendance rules in order to gain a partisan advantage during the pandemic. Several Democratic lawmakers, like Rep. David Cote (D-Nashua), simply refused to attend House sessions out of fear of the virus. But because Cote continued to run for reelection — and the voters of Nashua reelected him — he “served” without casting a single vote on behalf of his constituents for three years. In fact, he was never even sworn into office after his 2022 reelection. 

Cote eventually resigned in July.

Former Democratic state Rep. Andrew O’Hearne may have crossed the line when he reportedly told Claremont Department of Public Works (DPW) employees how to do their job. Now he is facing possible expulsion from the city council. 

According to city communications, O’Hearne was upset with how a DPW crew painted lines on his street. So he intimidated the crew members, telling them what to do and why they better do it.

“(O’Hearne) informed them that a police commissioner was on his way to review the area and that he had a ‘big stick’ and did not mind ‘stirring the pot,'” City Manager Yoshi Manale wrote in an email about the May 11 incident.

O’Hearne, who has been on the Claremont City Council for several years, is scheduled for a June 21 hearing before the council to determine what happened last month when he confronted city employees, Mayor Dale Girard said.

“The worst that could happen is he could be removed from his seat if we feel he interfered with city employees,” Girard said.

Council members in Claremont, as in nearly every other municipality in New Hampshire, are barred from directing city employees in any way. Having spent decades as a Claremont police officer, a policy O’Hearne should have been aware of.

O’Hearne did not respond to a request for comment.

According to the email from Manale to council members first obtained by journalist Jim Sullivan, the DPW crew members said they were being harassed by O’Hearne, who did not like how they were directing traffic. At one point, O’Hearne said he would stay in the road and videotape the crew, according to Manale.

Police were called to the site and determined there was no problem with traffic, Police Chief Brent Wilmot told NH Journal. Manale was finally able to convince O’Hearne to go home. But the manager told council members the matter needs to be addressed.

“The councilor’s actions … were not appropriate and disruptive to the work of our DPW,” Manale wrote.

Manale initially wanted O’Hearne to apologize. The council instead decided to hold a hearing to determine the next course of action, which could include removal.

O’Hearne spent a decade as a state representative before losing his seat last November by fewer than 50 votes, with Republican Walter Stapleton defeating him.

If he is removed, O’Hearne would be the second Claremont city councilor forced off by the council this year. In February, Councilor Jim Contois was removed by a council vote after he allegedly called the police to get a no-trespass order against him lifted.

Contois, an environmental activist, was hit with the order by a local car dealership after the councilor went to the dealer’s property to document wetlands on the lot. Contois maintained he never asked Wilmot to lift the order, he just asked about how the order was enforced. 

After he was removed, Contois filed a lawsuit against the council, demanding he be reinstated. The council settled the lawsuit in April and voted to rescind Contois’ expulsion and restore his council membership.