#

Manchester is trying to stop the tide of used drug syringes washing over the city with a new ordinance aimed at reigning in the groups handing them out.

Mayor Jay Ruais said Manchester is now the first municipality in the state to assert oversight of Syringe Service Programs (SSPs), thanks to an ordinance passed this week.

“On a fundamental, basic level, we can’t allow the unregulated flow of needles into our city,” Ruais told NHJournal. 

Used syringes littering city streets and parks has become an increasing problem since 2017, when the state legislature passed a bill allowing SSPs to operate with little to no oversight. In the last seven years as Manchester’s opioid epidemic and homeless crisis raged, the city didn’t even know how many groups were handing out syringes in the city.

“Before this ordinance, there wasn’t any insight into how many of these programs were operating. There was no transparency or accountability,” Ruais said.

That lack of accountability and transparency contributed to making the city’s drug problem worse, Ruias said. It also put police, firefighters, and EMTs who encountered used needles during their jobs in danger. The situation is also a danger for every resident who might encounter the used syringes just about anywhere.

The tale of Manchester slipping into a crises of crime, addiction and homelessness on former Mayor Joyce Craig’s six-year watch has become part of the campaign for governor. While she’s denied the claim that she left Manchester in a mess, the fact is little was done to get control of the SSPs during her tenure.

Though the city passed an ordinance three years ago banning needle handouts from city parks, nothing else was done to manage the problem. In the meantime, syringes kept getting passed out by the SSPs, and the used syringes kept ending up in parks, city streets, outside schools, and all over.

“We hear concerns from families when they see them in parks or in the streets,” Ruais said. “It’s been a problem that’s been brought up to us on a far too frequent basis.”

The new ordinance requires all SSPs to register with the city, to provide data on their programs —  such as how many needles are passed out — and to take back at least some used syringes in an effort to keep them off the streets. The programs must also hand out information on disease prevention and drug treatment to the people seeking the syringes. The ordinances also codify location restrictions such as city parks, school zones, and state-licensed daycares. 

The original ordinance would have required the SSPs to engage in a one-for-one exchange, meaning they had to collect one used syringe for every new one handed out. But after talking to some of the groups handing out the syringes, Ruais backed a change that does not tie the programs to the one-for-one rate.

“We mandate that an exchange takes place, but not a one-for-one,” Ruais said.

The aim of these programs is to help stop the spread of infectious diseases. Ruais insisted the city is not trying to get in the way of that important effort. A strict one for one exchange may have hindered people from getting help. Ruais also wanted to give Manchester the flexibility to make changes as the city gets more data from the programs about the handouts.

“It’s a good first step,” he said. “Now we’re going to get the data back and see what it tells us.”

The New Hampshire Attorney General’s Office says it’s arrested six members of a drug ring based in Lawrence, Mass. who used the postal service to get cocaine into the Granite State.

Delvin Castillo Portorreal, 42, Jose Ynoa Ynfante, 36, Maribi Garcia, 28, Elio Omar Cabrera Lopez, 27, Ernesto Valerio, 24, and Angel Miguel Marte Ruiz, 21, were all indicted this week by a Hillsborough County grand jury on charges of conspiracy to possess a controlled drug with intent to distribute.

According to New Hampshire Attorney General John Formella, the six suspected operators were first noticed by investigators with the United States Postal Inspection Service. 

“The collaborative efforts of New Hampshire law enforcement and the United States Postal Inspection Service emphasize our shared commitment to combating drug trafficking in our communities and dismantling the networks that threaten public safety,” Formella said.

Over the last two years, Ynfante, Garcia, Lopez, Valerio, and Ruiz regularly picked up packages sent from Puerto Rico at a post office in Nashua. According to Formella, those packages contained multiple kilos of cocaine.

The drugs were reportedly taken to a Lawrence connection by Portorreal. According to the Drug Enforcement Agency, Lawrence is the drug trafficking hub for New Hampshire, responsible for the majority of fentanyl, cocaine, and methamphetamine coming into the Granite State.

The alleged postal cocaine gang members weren’t the only traffickers caught this week. Joel Soto Sanchez and Yunior Elliandri Perez Herrera were both indicted for their roles in allegedly trafficking large quantities of fentanyl and some methamphetamine in Concord and Tilton.

New Hampshire’s U.S. Attorney Jane Young and Paul Spera, the assistant special agent in charge for the DEA, sat down with NHJournal earlier this year to discuss the flow of drugs into New Hampshire. According to Young and Spera, the Lawrence gangs get their drugs from Mexican cartels.

“Those organizations [Lawrence gangs] have a connection with Mexican cartels, and so they’re able to get bulk quantities, distribution level quantities, kilogram quantities of the drugs,” Spera said. “They’re the organizations. They’re the drug distribution networks that have direct connections to the Mexican cartels.”

Republican Kelly Ayotte took heat early in her run for governor when she called out Massachusetts cities Lawrence and Lowell for their roles in moving deadly drugs into New Hampshire.

“It’s killing our citizens,” Ayotte said.

Lawrence City Council President Marc Laplante invited Ayotte to watch the city’s drug enforcement team work, while Lowell City Manager Tom Golden demanded an apology.

Drugs and crime have emerged as a significant issue in the race for governor, with Ayotte attacking former Manchester Mayor Joyce Craig for the city’s poor record on opioid overdoses and crime in the streets. Craig’s Democratic compatriots may not be helping.

Last week, Democrats on a New Hampshire House Study Committee blocked Republicans from recommending new legislation that would create mandatory minimum sentences for fentanyl dealers.

When the New Hampshire Board of Education (BOE) first voted to approve the use of PragerU’s financial literacy course, the decision was met with protests and political drama.

Teachers unions and Democratic politicians teed off on PragerU, the BOE, and Education Commissioner Frank Edelblut, denouncing PragerU’s content as “right-wing” extremism designed to destroy public education. 

“I am appalled by today’s Board of Education decision to allow PragerU to operate in New Hampshire,” Democratic candidate for governor Joyce Craig said at the time. “I will fight for every child in our state to receive a quality education, and I will never allow an extreme right-wing organization to influence their learning.”

But a year later, the Board of Education voted with little fanfare Monday to renew its approval for the conservative nonprofit’s financial literacy course, called “Cash Course,” for the next five years. The politicians and protesters who insisted the course would undermine New Hampshire’s public education were a no-show for Monday’s vote.

The half-credit course will continue to be part of the state’s approved Learn Everywhere offerings. 

“It’s a strong program, I just wish there was more to it,” Board of Education chair Drew Cline said. He urged the board to give just a quarter-credit to students who complete the course.

Learn Everywhere is a program unique to New Hampshire that allows students to earn credit for learning outside the classroom. That can include music classes, martial arts programs, and robotics clubs. Each Learn Everywhere offering must first get state approval before students can start earning credits.

Cash Course is a personal financial literacy program for teens taught through a series of web videos and worksheets. PragerU’s Dzana Homan told the board the handful of students who have taken the class, and their families, are positive about what they learned.

“We are getting fantastic reviews from students who are completing the program,” Homan said.

Critics of the Cash Course content have largely ignored the specifics, instead focusing on the source — conservative content provider PragerU, founded by writer and radio talk host Dennis Prager. PragerU bills itself as “the world’s leading conservative nonprofit that is focused on changing minds through the creative use of digital media.”

But the Cash House program steers clear from any culture-war hot buttons and sticks to teaching teens the basics of bank accounts, paychecks, loans, and investments.

The Learn Everywhere program is of a piece with the state’s Education Freedom Accounts, which are designed to give parents and students more choice and flexibility. They reflect the philosophy of Edelblut, a free market advocate who supports parental rights. Craig, who opposes the EFA program and parents-rights legislation, has already pledged to replace Edelblut if elected governor.

United States District Court Judge Landya McCafferty ruled again Tuesday to prevent New Hampshire from enforcing its law keeping biological males from participating in girls sports.

The judge extended a temporary order allowing 15-year-old Parker Tirrell to play on the Plymouth High School girls soccer team. Tirrell and 14-year-old Iris Turmelle have filed a lawsuit challenging the state’s new Fairness in Women’s Sports Act.

When Gov. Chris Sununu signed the law last month, he made New Hampshire the 26th state to pass laws protecting girls sports from male athletes.

New Hampshire Attorney General John Formella and his office are defending the law, both in New Hampshire and at the national level. His attorneys are in court before Judge McCafferty, and he’s joined 25 other state attorneys general urging the U.S. Supreme Court to take up the issue.

“We remain committed to vigorously defending this new law and will determine next steps once the Court issues its order,” Formella said.

In New Hampshire, both sides have requested a bench trial, rather than a jury trial. McCafferty signaled during Tuesday’s hearing she will likely rule in favor of Tirrell and Turmelle, saying she believes the New Hampshire law violates Title IX, the law that protects women’s sports, and Title XII, the law against employment discrimination. 

If McCafferty does strike down the law, the decision to pursue an appeal will almost certainly be made by New Hampshire’s next governor. And if it is a Democrat, it’s all but certain the law will be allowed to die and girls will be competing against biological males once again.

Neither former Manchester Mayor Joyce Craig nor Executive Councilor Cinde Warmington would respond to questions about this case from NHJournal. However, they’ve both made it clear they oppose the new law.

“These bills are an attack on at-risk trans kids across New Hampshire. Our state needs leadership focused on delivering results, not division. As governor, I will always stand up for the right of our residents to live authentically, without demonization,” Craig said.

Executive Councilor Cinde Warmington, who is challenging Craig in the Democratic primary, linked banning boys from girls sports teams to violent hate crimes when the law was signed this summer.

“We’ve seen a rise in hate crimes against our LGBTQ+ community, in part because radical Republicans have villainized trans kids who’re already vulnerable & at a higher risk of suicide. When I’m governor, everyone will be free to love who they love & be who they are,” Warmington said on social media.

The two GOP candidates for governor have a very different view.

Chuck Morse, running against Kelly Ayotte in the GOP primary, says he’d fight for an appeal if elected.

“As governor, I would absolutely pursue an appeal if the court finds against the state. It is a question of fairness and protecting the rights of women to play sports on a level playing field. To me it is simple: boys should play against boys and girls should play against girls,” Morse said.

Ayotte agrees.

“As the only candidate for governor who has actually argued before the Supreme Court, I will do whatever it takes to defend our state. As the proud mom of a three-sport state champion female athlete, I believe protecting women’s sports is a matter of fairness. Women fought for decades to achieve that fairness through Title IX. When I am governor, New Hampshire’s female athletes will have a champion in the Corner Office,” Ayotte said.

Polls show Granite Staters overwhelmingly support allowing girls to compete in girls-only sports, rather than forcing them to compete against biological males who identify as female. It’s not just theory, either. A biological male took first place in the girls high jump competition earlier this year, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

At the global level, the top two boxers in women’s Olympic boxing both had male chromosomes.

Lawyers for Tirrell and Turmelle want to block the law from taking effect throughout the state, arguing that stopping transgender girls from playing girls sports is discriminatory.

“This law was designed to prevent trans girls from playing sports with other girls … The only difference is their sex assigned at birth. Girls not assigned female at birth are being excluded,” said Chris Erchull, an attorney with GLAD, the GLBTQ Legal Advocates and Defenders organization which is representing Tirrell and Turmelle.

Assistant Attorney General Micheal DeGrandis argued legal precedent allows public institutions, like schools, to make distinctions between boys and girls. The New Hampshire law makes that distinction in an objective, equitable manner by requiring every student to play on sports teams that correspond to their biological sex at birth.

“We’re not trying to define ‘sex’ at all, we’re just saying ‘What does it say on your birth certificate,’” DeGrandis explained.

While the law might mean students like Tirrell and Turmelle are required to play coed sports instead, that does not make the law unconstitutional. The law was crafted as a way to protect competitive fairness in girls sports, and to keep biological girls safe from possible injury, DeGrandis said.

“There was no discriminatory intent or animus. This was an attempt to solve legitimate problems, even if people disagree with the best way to do it,” DeGrandis said.

The appropriate remedy for those opposed to the law should not be in court, DeGrandis said, but in the democratic political process, who noted there is an election happening in a few months.

“The Court should not be making decisions for the legislature,”  he said.

McCafferty extended the temporary restraining order that allows Tirrell to practice and play soccer with the girls team for another two weeks. McCafferty could rule on an injunction the teens are seeking against the law during that time. That injunction would likely be in place through any trial.

The revolving door that lets criminals loose hours after their arrest is getting shut down as Gov. Chris Sununu signed a bail reform bill into law on Thursday. It followed months of lobbying from Manchester Mayor Jay Ruais.

“We have been fighting for these pro-victim fixes to bail reform for a long time and appreciate Manchester Mayor Jay Ruais leading the effort of local officials to help get it over the finish line,” Sununu said.

Ruais took up the bail reform cause on his first day in office, heading to Concord to demand lawmakers fix the system that he said allowed alleged criminals to go crime sprees with brief time outs for arrests.

“This is a victory for Manchester and every other town and city in our state,” Ruais said. “The safety of our city is non-negotiable, and this bill contains many reforms that will make Manchester safer. I want to thank the governor and legislature for their efforts to work together in a bipartisan way to reaffirm their commitment to the safety of our communities.”

Manchester’s crime problem became emblematic of the problem with the bail system. In March, Ruais said that of the 817 people Manchester Police arrested in the first few months of the year, 306 — or 37 percent — were already out on bail for a previous criminal charge. In the 12 months prior, repeat offenders made up 26 percent of the total arrests, with 1,178 people already on bail of the total 4,529.

Ruais campaigned on the need to fix bail, support police, and clean up the city, winning a stunning victory over Mayor Joyce Craig’s handpicked successor, Democrat Kevin Cavanaugh. 

House Criminal Justice and Public Safety Chairman Rep. Terry Roy (R-Deerfield) said the bill signed Thursday corrects serious flaws in the 2018 law that attempted to make the bill system more just.  

“These flaws allowed offenders to be released despite being re-arrested for violations of multiple bail release conditions. Sometimes these were violent offenders and their release led to tragic results. We heard from law enforcement, that oftentimes, arrestees were released and back on the street before the officer had the opportunity to complete the report,” Roy said on Twitter/X.

The new law saw police chiefs, the New Hampshire ACLU, Republicans, and Democrats work together, said Rep. David Meuse (D-Portsmouth.)

“This bill is the end product of a good-faith effort by legislators from both parties and stakeholders as diverse as ACLU-NH and the New Hampshire Chiefs of Police Association. It shows that enhancing public safety and protecting civil liberties don’t have to be mutually exclusive. I’m pleased that the governor chose to sign it into law,” Meuse said.

Perhaps more surprisingly, the need for bail reform even had House Republicans working with Senate Republicans. 

“After years of violent criminals and re-offenders being released on PR bail because of a flawed system, the House and Senate finally found a compromise that will work,” said Sen. Bill Gannon (R-Sandown). “I am thankful for the bipartisan efforts of Chairman Terry Roy, the House Criminal Justice Committee, and the members of the Senate Judiciary Committee who spent countless hours working on this. This is a huge win for the state of New Hampshire and we should be proud to deliver real results for our communities.”

The new law closes the revolving door by stopping the release of people re-arrested while already on bail, as well as causing certain violent offenders to be only allowed bail after review by a judge or magistrate, according to Roy. The old system allowed offenders to get bail reviews by civilian bail commissioners instead of the the bail commissioner. 

Other changes include having the courts pay bail commissioners instead of the defendants, more training for bail commissioners, and more protections for crime victims.  The bill also requires notification for victims of domestic violence before their alleged abuser is released on bail. 

The law also updates the way technology is used so police officers will be able to check someone’s bail status in real time. The prior system had paper bail orders entered into databases, meaning there could be a lag time before the bail was entered into computer systems police access, meaning officers couldn’t know if someone they had in custody was already out on bail, Roy said.

“Under the 2018 system, officers were often forced to rely on the honor system, hoping an arrestee would tell them that they were already on bail from another charge in a different jurisdiction,” Roy said. 

The 2018 reform sought to stop the unintended consequence of a cash bail system that put poor people to jail pre-trial. In some cases, people would be held for weeks or months in jail without a conviction because they could not come up with a few hundred dollars for bail. 

Roy said the bill signed Thursday will still keep people charged with nonviolent crimes from going to jail without a conviction. Cash bail will not be universal, but set aside for people charged in violent crimes or people who allegedly commit crimes while already out on bail.

“Cash bail remains a legitimate tool available to the courts, but only to assure an appearance by someone who is able to pay. It will not be used as a way to hold people,” Roy said.

In fact, Roy said the new law makes sure that no one will be held more than 24 hours without having their case reviewed by the court, including weekends and holidays. 

In 2002, the first Harry Potter movie hit the big screen, Gov. Jeanne Shaheen was making her first (unsuccessful) bid for U.S. Senate, and Nelly was singing it is “Hot in Herre.”

And the per-pupil school revenue for a New Hampshire public school student was $14,184.

Twenty years later in 2022, that number was $22, 738 — an increase of 60.3 percent and the third-biggest jump in inflation-adjusted revenue per student in the country. Only Illinois (61 percent) and  New York (81.4 percent) rose more.

And yet, despite the explosion in spending, New Hampshire Democrats at the state and local level say taxpayers need to pay even more.

In Nashua, the school board has approved a new $131,061,021 budget, a 4.49 percent increase over the prior year’s operating budget, on top of record spending.

In Concord, residents will see a 2.9 percent education tax increase thanks to the $107.9 million school budget. That total is 1.58 percent higher than Concord’s previous school budget — once again, already a per pupil record.

Manchester is also considering a record $227.9 million school budget. Mayor Jay Ruias calls the school total a compromise figure, and part of his overall effort to get the school and city budgets under control after years of former Mayor Joyce Craig’s leadership. 

At the state level, both former Manchester Mayor Joyce Craig and Executive Councilor Cinde Warmington support even more tax dollars for public schools. Craig is running on a pledge to “boost the state’s investment in public education.” And Warmington wants to shut down Education Freedom Accounts entirely and add that funding to public schools.

Neither Craig nor Warmington responded to a request for comment about soaring school spending, or the fact that it coincides with standardized test scores that are flat or falling.

The reason for New Hampshire’s high rank in per pupil spending is its decline in enrollment.

“Since 2002, student enrollment numbers in the Granite State have dropped from 207,684 to 165,095, which represents a decrease of 42,589 public school students, or about a 20.5 percent decline during the past 21 years,” the state Department of Education reported last year. The state’s public schools lost another 2,262 students (1.4 percent of enrollment) in 2022 alone.

Drew Cline, president of the Josiah Bartlett Center for Public Policy, says nobody should be surprised by these numbers.

All that spending for public school students comes as the state faces a potentially expensive court case on education funding. The ConVal decision, currently appealed to the New Hampshire Supreme Court, almost doubles the state’s portion of per pupil spending.

The ConVal decision increases the state’s adequacy aid grant $4,100 per student to at least $7,300. If the decision stands, it would represent a minimum $500 million annual tax increase.

Both Craig and Warmington have been endorsed in prior political campaigns by the state’s two teachers unions, the American Federation of Teachers and the National Educators Association. The union presidents, AFT’s Deb Howes and the NEA’s Megan Tuttle, also did not respond to a request for comment.

Warmington, Craig, and the unions, are all staunch opponents of New Hampshire’s Education Freedom Accounts, the school choice program that allows families to opt out of the public school system.

“We don’t take taxpayer dollars to subsidize private schools,” Warmington told WMUR last year. 

Both of Warmington’s children attended the elite Tilton School for secondary education, an independent boarding and preparatory school in New Hampshire. Tilton charges $38,500 for day school and nearly $67,000 for boarding school.

Craig said earlier this year if elected governor, her first budget would see an increase in spending for public schools.

“We need to fund public education in this state,” Craig said. “Right now, we are not.”

A migrant center resident who allegedly molested a 12-year-old Manchester girl had recently finished his probation on a federal identity theft conviction.

Angel M. Rivera-Laureano, 59, was arrested last month at the migrant shelter in Chelmsford, Mass., on the Manchester warrant, according to court records obtained by the Maine Wire. But Rivera-Laureano’s known criminal history goes back to at least 2012, when he was caught cashing counterfeit IRS checks in the Queen City, according to court records.

The Maine Wire quotes a “law enforcement source with knowledge of the case” that Rivera-Laureano is a suspected illegal immigrant using different names and identities since coming to the U.S.

“The source said Jan. 1 is a birthday frequently used for illegal aliens living under assumed identities and that law enforcement isn’t even certain Rivera-Laureano is his real name,” the Maine Wire reported.

Rivera-Laureano’s story adds to the drumbeat of crime news involving migrants. On Monday, two New York City police officers were wounded in a shootout with a Venezuelan man who was in the country illegally. 

According to the New York Post, a judge closed the immigration case against alleged shooter Bernardo Castro Mata, 19 on May 6. Mata illegally crossed the border into Eagle Pass, Texas, where he was caught and arrested but later released in July 2023, according to the report.

President Joe Biden is finally bowing to pressure on the border. On Tuesday, he announced an executive order closing down ports of entry to those seeking asylum. But Biden’s move after years of stalling is not enough, says Republican gubernatorial candidate Kelly Ayotte.

“Joe Biden’s open-border policies have allowed millions of unvetted illegal immigrants into our nation and made our country less safe. Biden’s political move today is too little too late and does not do enough to stop the flow of illegal immigrants into our country” Ayotte said.

Ayotte, a former U.S. senator, is facing former state Senate President Chuck Morse in the GOP primary for governor.

“This horrific example illustrates how weak border policies make every state a border state, inviting drugs, crime, and gang activity to New England,” Morse said. “Candidates like Kelly Ayotte, who voted to give amnesty to millions of illegal immigrants, are no better than Joe Biden and can’t be trusted to suddenly grow a backbone on this issue. As governor, I will always protect New Hampshire families and will not back down from maintaining strong stances on immigration.”

The Ayotte campaign pushed back against Morse’s claim.

“Kelly Ayotte has never and will never support amnesty. Chuck Morse can’t rewrite history — he killed the sanctuary city ban and didn’t use E-Verify at his own company,” said spokesperson John Corbett.

Neither of the two major Democratic candidates for governor, former Manchester Mayor Joyce Craig or Executive Councilor Cindy Warmington, responded to a request for comment. Craig’s previously expressed openness to so-called sanctuary cities. Warmington has said that while she’s not a fan, she would not seek to ban them. Ayotte said Craig and Warmington are not going to protect Granite Staters.

“Joyce Craig and Cinde Warmington support [Biden’s] disastrous policies and would turn New Hampshire into a sanctuary state. As Governor, I’ll never allow that to happen, and I will work every day to protect Granite Staters.”

U.S. Marshals caught Rivera-Laureano at a taxpayer-funded shelter operated by the state of Massachusetts, according to the Maine Wire. The converted Best Western hotel is now a shelter for illegal aliens or homeless U.S. citizens. Why Rivera-Laureano was living at the shelter is unknown. Court records list two addresses, the shelter and a home in Chelmsford, Mass. 

Rivera-Laureano was sentenced to three years in federal prison after he pleaded guilty to several counts including aggravated identity theft and fraud in 2013. He reportedly had fake drivers licenses made for an accomplice he recruited in New York, and the pair went north to cash the fake IRS checks in Manchester where they were caught.

Rivera-Laureano’s exact immigration status isn’t clear from available court records. His plea agreement and sentencing memorandum do not reference his immigration status being put at risk for the plea. There is a note in the sentencing order written by Judge Joseph Laplante recommending that Rivera-Laureano be allowed to serve his incarceration as close to Manchester as possible.

After his release in 2016, Rivera-Laureano was ordered to be on supervised probation for another three years, according to the sentencing order. That means Rivera-Laureano was free and clear as of spring 2019.

Rivera-Laureano came to live with an aunt in New York at age 16 after suffering abuse from his heroin-addict mother and her family, according to his sentencing memo. His father had abandoned the family when he was a small child, the memo states.

“It is clear that the defendant experienced a deeply deprived upbringing which left him unprepared for adulthood, the ramifications of which continue to this day,” the memo states.

Rivera-Laureano’s now being held without bail at Valley Street Jail in Manchester. He’s due in court for an arraignment in July. 

For state Rep. Keith Ammon (R-New Boston), Tuesday’s ruling striking down the state’s anti-discrimination in education law meant one thing.

“Judge Barbadoro just put stopping Critical Race Theory back on the ballot in November.”

New Hampshire Democrats, teachers unions, and the state chapter of the ACLU all celebrated United States District Court Judge Paul Barbadoro’s decision to declare the law unconstitutional. The Right to Freedom from Discrimination in Public Workplaces and Education law — often referred to by the judge and its critics as the “divisive concepts” law — was passed in 2021 in response to concerns about Critical Race Theory (CRT) content in classrooms. It barred any public employee from teaching or training others that race, sex, or other inherent characteristics made an individual racist, sexist, etc.

Democrats are delighted to see the law go.

“I am pleased that Judge Barbadoro recognized today what the Senate Democrats have said for years: the Republican’s ‘divisive concepts’ law is an unconstitutional infringement on the rights of Granite Staters,” said state Senate Democratic Leader Donna Soucy (D-Manchester).

And both Democrats running for governor confirmed Ammon’s prediction that the ruling would result in a partisan political battle.

Former Manchester Mayor Joyce Craig promised to shut down any Republican who tries to revive the law.

“As governor, I’ll stop any bill that threatens teachers’ ability to teach and prevents students from receiving an honest education,” Craig said.

Her fellow Democratic candidate for governor, Executive Councilor Cinde Warmington, said the law “sought to undermine public education by subjecting educators to arbitrary and discriminatory enforcement and penalties. I am relieved to see the court’s ruling today declaring this law unconstitutional.”

And House Democratic Leader Rep. Matt Wilhelm (D-Manchester) linked the law to GOP-backed legislation for keeping boys out of girls’ bathrooms and off of girls-only sports teams.

“Make no mistake—the Republican Party will stop at nothing to infringe upon our children’s freedom with nonsensical culture wars like their “divisive concepts” ban, book bans, sports bans, and bathroom bans,” Wilhelm said.

But Republicans blasted the ruling. Sen. Tim Lang (R-Sanbornton) said it will allow teachers to promote racist CRT-inspired ideology in public classrooms.

“Seems odd the court thinks it’s OK to allow teachers to teach, based on your race, you are inherently a victim or a perpetrator of racism. Which is what the ‘divisive concepts’ law prohibited, no person is inherently racist based on race,” Lang said. 

Chuck Morse, who’s running in the GOP primary for governor, helped craft the legislation and get it to Gov. Chris Sununu’s desk. He said he will work to push through a law that passes constitutional muster if elected.

“We must equip our students with the tools to think critically and engage with each other respectfully, without the influence of biased and discriminatory teachings,” Morse said. “My administration will prioritize transparency, and adherence to constitutional principles to ensure that any new legislation will stand up to judicial scrutiny and serve the best interests of our students.”

Teachers union president Deb Howes with the New Hampshire American Federation of Teachers disagrees, saying Tuesday’s ruling should be the end of the lesson. 

“This decision should put to rest the issue, and New Hampshire teachers will no longer have to live under a cloud of fear of getting fired for actually teaching accurate, honest education.” Howes said. 

Ironically, the ruling may boost support for the Education Freedom Account program Howes and her Democratic allies oppose. Parents who discover they can’t prevent their children from being labeled “racist” or “privileged” by their local public school may turn to the EFA program to send their kids elsewhere.

Before the law passed, CRT-based content was being used in school districts like Manchester, Laconia, and Litchfield. However, there is no record of any teacher or administrator being subjected to enforcement under the law.

Manchester School District’s Diversity, Equity and Inclusion (DEI) Director Christina Kim Philibotte and Andres Mejia, the former DEI director at SAU 16, said the ruling will let teachers get back to caring for “students of color, students from the LGBTQ+ community, and students with historically marginalized identities.”

“It is critically important that students see themselves in the books they read and in the classroom discussions they have to ensure that they feel cared for and valued,” Philibotte and Mejia said in a joint statement.

A federal judge ruled Tuesday that New Hampshire’s law barring the teaching of discriminatory content in schools is too vague and, therefore, violates the constitutional rights of educators. 

“The Amendments are viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement,” wrote United States District Court Judge Paul Barbadoro. The judge based his ruling on the 14th Amendment protection against vague laws, and declared New Hampshire’s legislature passed a law that was nearly “unintelligible.”

The law’s supporters disagree.

Under the law tossed out by Judge Barbadoro:

• You can’t “teach, advocate, instruct, or train” people that one group is inherently superior or inferior to another.
• You can’t teach that people are inherently racist, sexist, etc., based on the group they’re in.
• You can’t teach that people should be discriminated against based on their group.
• You can’t teach people not to even try to treat people in other groups equally (the “race shouldn’t matter/colorblind” approach)

As a result, school districts like Manchester, Litchfield and Laconia could no longer use Critical Race Theory-based curriculum in their classrooms. Striking down the law will allow that content to return.

Barbadoro said the attempt to prevent teachers from telling students they are racist, sexist, etc. crossed the line into viewpoint discrimination.

“The most obvious vagueness problem is presented by the fourth concept, which prohibits teaching that individuals of one group ‘cannot and should not attempt to treat others without regard to’ their membership in another group. As other courts have observed, this language is ‘bordering on unintelligible’ because it employs the dreaded triple negative form,” Barbadoro wrote.

The judge argued the law created an untenable mix of subjective instructions and severe punishment under the law.

“Potential disciplinary sanctions include reprimand, suspension, and revocation of the educator’s certification,” Barbadoro wrote. “In other words, an educator who is found to have taught or advocated a banned concept may lose not only his or her job, but also the ability to teach anywhere in the state.”

New Hampshire Department of Education Commissioner Frank Edelblut’s office declined to comment.

Nixon Peabody attorney Morgan Nighan, who represented the plaintiffs, said a law so unclear that it cannot be followed is a clear violation of the 14th Amendment.

“No ordinary person can understand what is banned,” Nighan said. “Laws like this have been routinely struck down across the country.”

Teachers could not speak about affirmative action legal cases, Israel’s war against Hamas, or any potentially hot button current events issue for fear of breaking the law, Nighan claimed. That meant teachers avoided large sections of history or current events out of fear that could lose their licenses without knowing why.

“For example, teachers may attempt to stimulate discussion by asking students pointed questions or encourage debate by presenting students with ideas contrary to their own. When such techniques are used to explore a banned concept, it is impossible to know whether a banned concept has been impermissibly taught,” Barbadoro wrote.

Supporters of the law dismiss that claim, saying the line between teaching that racism exists and actually advocating racism is easy to see.

Attempts by Edeblut to clarify the law backfired, according to Barbadoro’s ruling. Edelblut tried to explain his views in a June 2021 newspaper oped, but that only added to the confusion and fear, Barbadoro said.

“The threat of arbitrary enforcement based on Edelblut’s personal views has impacted teachers even in the absence of a formal complaint,” Barbadoro wrote.

One incident noted in Barbadoro’s ruling involved Keene Middle School scrapping a plan to teach Ibrahim X. Kendi’s “Stamped: Racism, Antiracism, and  You” after the district bought 250 copies of the books. According to the ruling, Edelblut’s column was why Keene abandoned Kendi’s book.

According to Kendi, “There’s no such thing as a ‘not racist’ or ‘race neutral’ policy,” and any person who doesn’t embrace what he calls “antiracism” — overtly treating white people differently from people of color — is engaged in racism. Some parents objected to the notion that their children would be taught that their skin color makes them inherently privileged and racist.

New Hampshire passed the anti-discrimination law as a set of amendments to the biennial budget in 2021. Rather than banning specific “divisive concepts,” the amendments sought to bar teachers from “teaching, advocating, instructing, or training” students that one group is inherently superior or inferior to another; that people are inherently racist, sexist, etc., based on the group they’re in; that people should be discriminated against based on their group; to stop people from treating other equally.

While the law allowed for teachers to discuss issues like racism and sexism in class, there was no clear legal line that distinguished such discussions from actual teaching, opponents complained.

Megan Tuttle, president of the New Hampshire NEA teachers union, said the law “stifled New Hampshire teachers’ efforts to provide a true and honest education. Students, families, and educators should rejoice over this court ruling which restores the teaching of truth and the right to learn for all Granite State students.”

Michael Garrity, spokesman for New Hampshire’s Department of Justice, said the state is reviewing Barbadoro’s ruling.

“The state is currently reviewing the court’s order and will consider next steps, including whether to appeal.”

Manchester’s neighborhoods are struggling to keep up with the revolving door criminal justice system that’s releasing violent suspects even before their arrest reports are complete.

Mayor Jay Ruais said Monday city residents are fed up with a system that allows people charged with violent crimes to get out with no cash or personal recognizance bail within hours. In many cases, those same people are arrested again on new charges.

“The safety of our city is non-negotiable, and the men and women of the Manchester Police Department are heroes, full stop. Unfortunately, the state’s current bail system is undermining their efforts to make Manchester safe. When 40 percent of those arrested are ending up back on our streets, and 27 percent of those arrested are already out on bail, our police are fighting an uphill battle,” Ruais said.

Since the start of the year, Manchester Police have arrested 1,646 people, and at least 40 percent — more than 650 of those suspects — were released almost immediately on PR bail. The state needs to finally step in and fix the bail system that’s fueling the problem in Manchester, Ruais insists.

“There is not a single thing that would have a more transformative impact on the quality of life in our city than passing bail reform. It’s crucial for our legislators to take action to ensure the safety of our community and prevent repeat offenders from cycling through arrest, release and rearrest,” Ruais said.

Republican gubernatorial candidate Kelly Ayotte got a look at the problem up close during her recent ride-along with Manchester police. The officer she rode with had just returned to work after a violent encounter with a suspect who was out on bail, she said.

“Last week, I did a ride along with the Manchester Police Department, and the officer I accompanied had previously been injured by a criminal let out on bail, resulting in him being out of work for six months. Our state’s failed ‘bail reform’ experiment has created a revolving door that allows violent criminals back into our communities, putting officers at risk and undermining their efforts to protect Granite Staters,” Ayotte said.

Ruais is focused on seeing bail reform happen. On his first day as mayor, he traveled to Concord to lobby state lawmakers to the cause. It’s a more direct approach than that of his predecessor, Democrat Joyce Craig, who advocated for the lower standards for bail that have released so many repeat offenders on the the streets.

Craig did not respond to a request for comment about her current view of bail reform. Executive Councilor Cinde Warmington, the other Democratic gubernatorial hopeful, also declined to comment.

A proposal to change the bail system is currently under debate in the legislature. After the House passed a bill to tighten up the bail system and create a new bail magistrate position, the Senate weighed in with amendments to require that people charged with certain violent crimes have a hearing before a judge before being allowed out on PR bail. Reforming bail is now splitting Democratic unity in the Senate.

One of the three contenders in the Democratic primary for U.S. Rep. Annie Kuster’s seat in Congress, state Sen. Becky Whiteley (D-Hopkinton), opposes pretrial detention, saying it increases the odds an innocent person will plead guilty to a crime they did not commit. 

“Do we want that?” Whitley said during a recent Senate debate. “That’s really troubling.”

But Senate Minority Leader Donna Soucy (D-Manchester) said lawmakers must act as the problem is only getting worse.

“Doing nothing can’t happen,” Soucy said. “We’re never going to get it perfect. We have to get it as close to right as we can.”

Ayotte said as governor she’d protect police officers and citizens by keeping violent offenders in jail.

“As governor I will shut and lock the revolving door to keep our officers – and our communities – safe. I thank Mayor Ruais for fighting on this issue for the people of Manchester and the brave men and women of the Manchester Police Department,” Ayotte said.