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A federal judge ruled Friday the City of Nashua did not violate resident Beth Scaer’s First Amendment rights when it denied her permission to fly the “Appeal to Heaven” Pine Tree flag on the citizen’s flag pole.

“The Magistrate Judge correctly found that the undisputed facts indicate that the flags displayed on the Citizen Flag Pole pursuant to Nashua’s 2022 Flagpole Policy constituted government speech not regulated by the First Amendment,” ruled United States District Court Judge Landya McCafferty.

For years, the City of Nashua had a policy of making a flagpole at City Hall available, upon request, to citizens who wanted to celebrate or demonstrate on behalf of an idea or group. In the past, that included the flags of Ireland, India, and Ukraine, along with the “Suffrage” flag, the “Children of the American Revolution” flag, and the Lion’s Club flag. Recently, city officials took down the New Hampshire state flag to make room for a “Progress Pride” banner.

What the city would not allow was the flying of a flag promoting women’s rights/girls-only sports or the historic “Appeal to Heaven” Pine Tree Flag. Nashua resident Beth Scaer told the city she wanted to fly the flag to commemorate the anniversary of the Bunker Hill battle, in which several New Hampshire residents took part.

The city refused.

“The flag is not in harmony with the message that the city wishes to express and endorse. Therefore, we must deny your request,” wrote Jennifer L. Deshaies, whose job title in city government is “risk manager.”

Scaer sued, and her cause was taken up by the Institute for Free Speech (IFS). The case went before Magistrate Judge Talesha Saint-Marc last year.

During testimony before Saint-Marc, City Attorney Jonathan Barnes compared flying the Pine Tree flag at City Hall to flying a Nazi flag.

“(The plaintiffs) would have you believe that we can raise the Nazi flag to commemorate Hitler’s birthday. I think that’s totally unreasonable, and it certainly wouldn’t be in the city’s best interests to do that,” Barnes said.

In her report rejecting Scaer’s complaints, Saint-Marc called the flag a “far-right” symbol and noted it was flown by some participants in the Jan. 6, 2021 U.S. Capitol riot.

In fact, the pine tree was a common symbol of New England during the Revolutionary War era. The Pine Tree Flag was adopted as Massachusetts’ state flag for a brief period.

The symbol is also tied to the historic Pine Tree Riot in Weare, N.H., one of the first acts of rebellion leading up to the American Revolution.

As for Jan. 6, free speech advocates note the most commonly flown flag by the rioters was the U.S. flag, which currently flies in front of Nashua City Hall.

McCafferty was unmoved.

The legal issue in dispute is the city’s claim that the so-called Citizen’s Flagpole was never, in fact, a free speech forum, despite the many flags flown by many residents to promote various causes. The city insists every flag was a form of “government speech not regulated by the First Amendment,” as McCafferty ruled.

The Greek national flag flies outside Nashua City Hall on the city flagpole usually reserved for the POW-MIA flag.
(CREDIT: Beth Scaer)

The IFS points out that Nashua Mayor Jim Donchess suddenly (and quietly) ended the city’s flagpole policy soon after the lawsuit was filed. ‘The flagpoles on city hall grounds shall henceforth be exclusively controlled by city government,” Donchess declared.

“The abrupt repeal of Nashua’s flag policy is a tacit admission that the old policy was unconstitutional,” IFS attorney Nathan Ristuccia told NHJournal at the time.

On Monday, Ristuccia told NHJournal there will be an appeal.

“We fully intend to appeal this decision to the First Circuit, where we’ll continue arguing that Nashua’s vague and subjective flag policy created exactly the kind of viewpoint discrimination the Supreme Court has repeatedly found unconstitutional.”

Meanwhile, the city’s flag policy continues to raise questions. Just days before McCafferty’s ruling, the city pulled down the POW-MIA flag that traditionally flies outside City Hall and replaced it with the national flag of Greece. It was, according to a statement from the city, to commemorate Greek Independence Day on March 25.

“I don’t know why they ditched the POW-MIA flag, but I think it is disrespectful,” Scaer told NHJournal.

The city of Manchester suffered the fewest opioid overdose fatalities in February since 2020, part of a statewide trend of fewer deaths and fewer ODs.

Mayor Jay Ruais (R-Manchester) is celebrating the good news but, along with fellow Republican Gov. Kelly Ayotte, says there is still more work to do.

“The significant decline in fatal opioid overdoses across the state and here in Manchester is the positive news we have been working so hard toward,” Ruais said.

Manchester recorded just three opioid overdose fatalities in February, the lowest one-month tally since November 2020. Chris Stawasz, with ambulance company Global Medical Response, Inc., said Manchester’s fatalities are now 12 percent lower than the previous 12-month rolling average.

And Manchester isn’t the only bright spot for a state that’s struggled to address the opioid epidemic for years. The state Office of the Chief Medical Examiner’s latest report shows a 35 percent drop in opioid overdose deaths from 2023 to 2024.

Ayotte said the numbers show New Hampshire is on the right track.

“Thanks to our state’s coordinated approach to fighting the drug crisis, New Hampshire is a model for the nation in bringing down fatal overdose deaths,” Ayotte said.

New Hampshire has focused on making recovery programs more accessible, getting life-saving naloxone to people who need it, and making sure people with substance abuse can get medical care and employment. 

In Manchester, Ruais has focused on getting people experiencing homelessness into housing instead of temporary shelters where overdoses run rampant. This week, the city’s Board of Aldermen voted to spend $201,000 to pay for a mobile crisis unit and case manager to reach out to people in the grip of addiction. At the same time, the city will spend $250,000 from its Affordable Housing Trust fund to create up to 30 transitional housing beds to get people off the streets.

“We are making real progress addressing homelessness and reducing drug overdoses, so now is not the time to take our eye off the ball,” Ruais said.

Ayotte wants to see more done to stop drugs before they hit the streets.

Last month, she held a joint press conference with the mayor of Lawrence, Mass. — a notorious hub for illegal drugs in the region — to announce a joint effort to stem the flow of fentanyl and other opioids.

“We will build on this progress and continue to be vigilant by strengthening our drug interdiction efforts through Operation Granite Shield and Northern Shield while supporting those in recovery with investments in our Community Mental Health Centers and Recovery Friendly Workplaces,” Ayotte said.

On Tuesday, Acting U.S. Attorney Jay McCormack announced the arrest of three illegal immigrants from the Dominican Republic, charged with selling cocaine in Nashua. The arrests were carried out by the Drug Enforcement Agency with the help of the Nashua police.

Elizardo Escaria Delison, 32, Belisario Luis Delison, 49, and Rayddy Delison De Aza, 28, were each charged with one count of conspiracy to distribute and possession with the intent to distribute controlled substances.

 Their arrests were part of Operation Take Back America, an initiative that, in part, targets overseas drug cartels operating in the United States. 

For all the positive signs, Stawasz cautions people to be ready in case things start going south again.

“Please keep in mind that due to the nature of the opioid epidemic and its clear history of unpredictability, it is always possible that the trend of lower numbers could quickly change,” Stawasz said.

The City of Nashua did not violate the First Amendment when it rejected resident Beth Scaer’s application to fly the Pine Tree “Appeal to Heaven” flag at city hall, a federal judge ruled this week. But a free speech organization representing Scaer says the fight is far from over.

Magistrate Judge Talesha Saint-Marc issued a report on Monday to Chief District Judge Landya McCafferty recommending the court deny Scaer’s request for an injunction against the city. Scaer was seeking the preliminary injunction to prevent Nashua officials from denying their flag permit applications, or closing down the public flag program.

After being slapped with a lawsuit over free speech violations for refusing to allow Scaer to fly the historic Pine Tree Flag, Nashua Mayor Jim Donchess quietly pulled down the city’s flagpole policy entirely.

Nathan Ristuccia, an attorney with the Free Speech Institute representing Scaer, called Saint-Marc’s report disappointing, but added it’s not the final word in the case. He plans to file objections to Saint-Marc’s report in the coming days.

“Although we are disappointed with the magistrate judge’s recommendation against the preliminary injunction, this is just one early step in the legal process for defending our client’s First Amendment rights,” Ristuccia said. 

Saint-Marc found that since Nashua’s original flag display policy explicitly states the venue is not a place for absolute free expression, city officials are not violating anyone’s rights when they choose to reject some flags. 

“During the time period relevant to the Scaers’ claims, Nashua maintained a written flagpole policy with identifiable guidelines of what it wished to communicate through the flags displayed on the Citizen Flag Pole,” Saint-Marc wrote. “The 2022 Flagpole Policy stated that the ‘potential use of a City flag pole is not intended to serve as a forum for free expression by the public.’”

Scaer’s attorneys argue having a policy doesn’t free the city from illegally practicing viewpoint discrimination.

Scaer filed her lawsuit against Nashua in September, claiming she was denied the ability to fly the historic Pine Tree flag at City Hall’s “Citizen’s Flag Pole.” According to Scaer’s lawsuit, the city used its vague policy to deny her request. The flag’s origins are linked to events in 1772 in the town of Weare, N.H. Colonists staged a pre-Revolution act of defiance against British rule. Scaer planned to fly the flag to commemorate the anniversary of the Battle of Bunker Hill.

But Saint-Marc again sided with Nashua when she noted that different symbols, like the Pine Tree flag, can have multiple meanings. In this case, the Pine Tree flag could be considered a symbol of the far right as much as a symbol of the Revolutionary War, she wrote.

“The record also indicates that the flag was used during the Jan. 6, 2020 attack on the United States Capitol Building in Washington, D.C.”

Scaer’s supporters are quick to note that far more U.S. flags were flown by rioters that day, and the American flag currently flies outside Nashua City Hall.

Representing the City of Nashua before Saint-Marc last month, attorney Jonathan Barnes compared flying the Pine Tree flag to displaying a Nazi symbol on Hitler’s birthday.

“I mean, [Ristuccia] would have you believe that we can raise the Nazi flag to commemorate Hitler’s birthday. I think that’s totally unreasonable, and it certainly wouldn’t be in the city’s best interests to do that,” Barnes said.

According to the transcript from the Nov. 5 hearing, Ristuccia did not advocate for the display of Nazi symbols.

Barnes also admitted to Saint-Marc that, under its policy, Nashua would ban the national flag of Israel at City Hall as well. The City has previously banned the Palestinian flag, a pro-life flag, and flags supporting people who detransition after sex change procedures.

Saint-Marc’s report will now go to McCafferty for a final decision on the injunction. Even if McCafferty agrees with Saint-Marc on the injunction, the case is far from over.

“The final decision about the preliminary injunction rests with the district judge, who may accept, reject, or modify the magistrate’s recommendation. As the case proceeds, we will continue fighting to protect the rights of every citizen to express their views freely, without government censorship,” Ristuccia said.

The Israeli flag, the white and blue banner with the Star of David, is the official symbol of the state of Israel, one of America’s closest allies. And yet the City of Nashua told a federal judge Israel’s flag is too controversial to fly at City Hall Plaza.

The Pride flag, on the other hand, is more than welcome on Nashua city property, despite being an entirely political symbol of the LGBT movement.

Nashua’s Assistant Corporation Counsel Jonathan Barnes said flying Israel’s flag would spark a flood of angry phone calls and threats, while “reasonable citizens” wouldn’t be bothered by the Pride flag.

Those revelations came last month in federal court as part of the city’s legal defense against a lawsuit filed by resident Beth Scaer. The city rejected her requests to fly the Pine Tree Riot flag and a banner promoting girls-only sports on Nashua’s public flagpole. Scaer claims she’s the victim of viewpoint discrimination by the Democrat-controlled city. She is represented by the Institute for Free Speech and local counsel Roy McCandless.

In the wake of the lawsuit, Nashua Mayor Jim Donchess quietly ended the city’s community flag pole tradition.

During the Nov. 5 hearing before Judge Talesha Saint-Marc, Nashua’s Assistant Corporation Counsel Jonathan Barnes compared the Pine Tree Riot flag to a Nazi flag and a flag for the Soviet Union.

Barnes also brought up the city’s decision to reject a request by Nashua resident Nick Scalera to fly the Palestinian flag on a day set to remember the anti-apartheid movement in South Africa. He says that proves the city was not discriminating based on a particular viewpoint.

And, Barnes added, “If someone applied to fly the Israel flag, I would say you would probably reject that, too, because it’s just — you don’t want to wade into those waters. You want to be able to conduct your city business without getting inundated with angry phones, e-mails, and people threatening you on Twitter, or X, whatever it’s called now.”

Saint-Marc noted that “at one point the city accepted the Pride flag. That’s still a controversial position.”

Barnes responded by invoking American Freedom Defense Initiative v. King County (2016) In that case, ads featuring the images of Islamist terrorists were rejected by the transit system, which argued they weren’t suitable. AFDI sued, lost in the lower courts and the U.S. Supreme Court declined to take up the case. The district court ruled the space was a “limited public forum” and that the system’s restrictions were “reasonable and viewpoint neutral.” 

“In American Freedom Defense Initiative the ban on less controversial advertising was upheld. It wasn’t all controversial advertising,” Barnes argued.

“So, in the grand scheme of things, you know, there are Pride flags flown all over the country. The White House lights up with the colors in June. There are parades all over the country. There might be some people that are upset by that, but there are some people that are upset by the American flag. They would sooner (fly) the Soviet flag fly. Most reasonable citizens don’t find that subject matter to be controversial,” Barnes said.

“The Pride flag?” the judge asked.

“Correct,” Barnes replied.

“I think some reasonable citizens may disagree,” Saint-Marc said, to which Barnes replied, “Some might, but it’s less controversial than, say, a swastika.”

The city’s argument that the official flag of the nation of Israel is too controversial to fly, and suggesting that “reasonable citizens” would object, raised eyebrows.

“The City of Nashua’s terrifying argument demonstrates why free speech is so important,” said Institute for Free Speech attorney Nathan Ristuccia. “We cannot trust the government to decide whose views are too controversial to be permitted.”

Steve Bolton, Nashua’s long-time lead corporation counsel, tried to clean up the city’s position. He told NHJournal Barnes’ comments about Israel were part of a speculative argument that does not reflect the views of Mayor Jim Donchess or the Board of Aldermen.

“It was hypothetical, but that’s certainly not the position of the City of Nashua,” Bolton said.

Barnes was not in the office Wednesday and did not respond to requests for comment.

Israel is a United States ally and the only democracy in the Middle East. It’s also fighting a war against antisemitic terrorist organizations backed by Iran following the brutal Oct. 7, 2023, Hamas attack in which 1,300 people were murdered. 

For his part, Scalera does not understand how Nashua is deciding which flag to fly. He said he was told the city would not fly the Palestinian flag due to the ongoing war.

“The City of Nashua has not shied away from flying the flags of foreign nations, especially foreign nations involved in active conflict. For example, in the wake of Russia’s illegal and brutal invasion of Ukraine, the City proudly raised the Ukrainian flag in solidarity with the people of Ukraine, as well as the Ukrainian population here in Nashua,” Scalera told NHJournal.

Scalera was also told by members of the Board of Alderman that Nashua would not allow a flag from a territory, like Palestine, that is not officially recognized as a nation.

“However, Nashua has also raised the flag of Kurdistan, which is at this point in time an autonomous region, and hopefully one day a nation-state, but nevertheless was not one at the time of the flag raising,” Scalera said.

Documents filed in the case show the city recently approved a day celebrating the Dominican Republic, which is currently accused of ethnic cleansing for its handling of Haitian refugees. The city also flew a Pride flag last year on orders from Donchess. However, a request for a pro-life flag to celebrate the overturning of the Roe vs. Wade decision was rejected.  

“Censorship,” said state Sen. Kevin Avard (R-Nashua) when asked about the case.

“It all boils down to whom the mayor and alderman of Nashua are comfortable offending and who they would rather not. The Pine Tree ‘Appeal to Heaven’ folks, or the Rainbow Flag-LBTQ community. It doesn’t sound like they want to hear from people of faith.”

And Rep. Judy Aron (R-Acworth), a Jewish member of the New Hampshire House and an outspoken defender of Israel, called the city’s actions “sad.”

“If the leaders of the City of Nashua can’t handle free speech, then perhaps the decision to end the traditional program is sad and disappointing but probably a good decision.”

Aron offered her own solution. “They should just fly a white flag of surrender.”

On the last day of campaigning, Republican Kelly Ayotte was out on the road with New Hampshire Gov. Chris Sununu, making stops at grocery stores and pizza shops.

Democrat Joyce Craig, on the other hand, held three closed-door events with progressive Massachusetts Gov. Maura Healey, a frequent campaign sidekick of Craig’s. The two even took a road trip to the West Coast to raise money from liberal Democrats in Berkeley, Calif.

“Craig has welcomed Healey’s backing,” the liberal Boston Globe reported Monday.

It’s a political partnership the Ayotte campaign is happy to talk about in the final hours of the campaign.

“Joyce Craig wants to raise taxes by $160 million and spends her time campaigning with Maura Healey,” Ayotte campaign spokesman John Corbett said in a statement. “If you didn’t know better, you’d think she’s running to be governor of Massachusetts, not New Hampshire.”

From the beginning of her bid for governor, Ayotte has embraced the slogan “Don’t MASS Up New Hampshire.” It’s a message that appears to resonate with voters. In a recent UMass Lowell poll, 55 percent of Republicans say the Granite State is “at great risk” of becoming too much like Massachusetts in the next 10 years.

So, Team Ayotte was more than happy to send its candidate with Sununu to Alley Cat Pizzeria in Manchester and the Market Basket in Hooksett, while Craig campaigned with Healey in Exeter, Manchester, and Nashua.

When a NHJournal reporter showed up at the Healey event in Nashua on Monday, he was told it was a “closed event.” Outside, a small group of Republicans waved “Don’t MASS Up New Hampshire” signs, inspiring honks and thumbs up from passing drivers.

Among the sign wavers was New Hampshire GOP chair Chris Ager.

“Why not campaign with — and for — Granite Staters?” Ager asked as he stood outside. “Not only was the Massachusetts governor campaigning for Craig, most of the cars in the parking lot were from Massachusetts, too. Who will Joyce Craig owe if she wins?”

During their campaign stop in Manchester, Ayotte and Sununu were asked about Craig wrapping up her race with Healey.

“You have to wonder, why do you (Craig) have so many events with the governor of Massachusetts?” Ayotte asked. “I just came from knocking doors in Ward 6, talking to independents and other voters. You have to be ready to talk to any voter. That’s what this is all about: earning their support.”

Sununu jumped in, too.

“Kelly spends 100 percent of her time talking to people from New Hampshire because that’s what matters. Joyce Craig, on the other hand, spends all of her time with people from Massachusetts and New York.”

Asked about the mood of the electorate, Sununu said there is excitement among Republican voters, “and it’s absolutely palpable.”

“When you knocked on the doors, say, a month ago, a lot of folks weren’t opening their doors. It’s like it was almost too far from the election.

“But with Kelly out knocking on doors, they’re opening the doors. The people we talk to are independent, and they’re excited. Whether it’s Manchester, Nashua — everybody is coming out. There’s going to be really high turnout. But the energy, specifically among Republicans for these races, is very real.”

And Sununu believes Republicans are going to have a good night, too, predicting a win for the GOP in the races for governor, control of the state legislature, and the Executive Council. And, he says, the numbers are good for Trump in New Hampshire as well.

“I look at 2016 because I think that’s more of a comparable race to today,” Sununu said. “They’re all leaning the Republican’s way. So, give me Trump’s poll numbers, which are definitely closer today than they were in 2016.”

Ayotte wasn’t prepared to make a grand declaration.

“I’m just going to work to earn every vote. Just keep working.”

Hit with a free speech lawsuit for denying residents the ability to fly a historical, patriotic flag at City Hall, Nashua Mayor Jim Donchess seemingly retreated by repealing the public flag pole policy.

The repeal isn’t a white flag, the city’s attorneys insist. But lawyers for the residents who’ve brought the lawsuit say it’s a bait and switch to avoid legal peril.

Nashua resident Beth Scaer filed her lawsuit last month after the city refused to allow her to fly a Pine Tree Riot flag on City Hall’s “Citizen’s Flag Pole.” In its rejection statement, the city said the Pine Tree Flag, and a “Protect Women’s Sports” flag she attempted to fly previously, were “not in harmony with the message that the city wishes to express and endorse.”

After the lawsuit was filed, Donchess quietly ended the city’s long tradition of having a public flagpole, declaring that in the future, Nashua’s government would decide what flags would and wouldn’t fly and do so without community involvement.

But that repeal, done without any public input or approval from the city’s Board of Alderman, isn’t enough to get out of legal trouble, insists Scaer’s attorney, Nathan Ristuccia, with the Institute for Free Speech.

“This abrupt change is a transparent attempt to avoid judicial scrutiny, but it cannot moot the Scaers’ claim for injunctive relief,” Ristuccia said in a court filing this week.

Ristuccia said the repeal was simply cover for Nashua to engage in censorship by silencing the views of residents who do not walk in lock-step with the administration. But repealing the policy doesn’t fix anything, he wrote. In fact, Nashua and Donchess have said they don’t plan to stop controlling speech through City Hall, according to Ristuccia.

“If this Court does not grant relief, Defendant Donchess could restore the old policy just as easily as he repealed it. Indeed, a spokesman for Nashua has publicly ‘denied that the mayor had made any change to the cityʼs flagpole policy’ and stated that Donchess was ‘merely clarifying the existing policy,’” Ristuccia states in his motion.

Those statements were made to NHJournal by Steven A. Bolton, the city’s corporation counsel.

The existing policy for City Hall Plaza Events uses the same language as the now-repealed flag policy in order to control the message people are allowed to express, according to Ristuccia.

“Defendants use a City Hall Plaza Events policy that is almost identical to the 2022 flag policy … Ceremonies at the City Hall Plaza are permitted only if the ceremony’s message is ‘in harmony with city policies and messages that the city wishes to express and endorse’ and in ‘the City’s best interest,’” Ristuccia wrote.

The lawsuit stems from Scaer’s request to fly what is known as the “Appeal to Heaven” flag, featuring that phrase (from philosopher John Locke) and a pine tree. The pine tree is also a reference to the 1772 Pine Tree Riot, which took place in Weare, N.H., and is widely viewed as one of the first skirmishes in the American Revolution.

City officials denied the request, but they did not explain why they found the flag objectionable.

The Citizen Flag Pole in Nashua allowed any resident to apply for a permit to fly a flag at City Hall. Past flags have celebrated Pride Month, Indian Independence Day, Brazilian Independence Day, Greek Independence Day, International Francophonie Day, and the anniversary of the founding of Nashua’s Lions Club.

But Scaer says the city started censoring her in 2020 when her flag with the message “Save Women’s Sports” was removed after flying for one day due to complaints from City Councilor Jan Schmidt. In February, she was again denied when she sought to fly a flag supporting people who detransition after a sex change procedure. The denial stated the message was “not in harmony with the message that the City wishes to express and endorse.”

Appealing to Heaven may not be feasible in a First Amendment dispute, but a federal lawsuit could work.

A Nashua official’s decision to ban the historic Pine Tree flag from outside City Hall this summer is landing Mayor Jim Donchess’ administration in court. Attorneys with the Institute for Free Speech say the city’s abuse of its flagpole policy violates the First Amendment.

“Nashua’s flag policy gives city officials unbridled discretion to censor speech they dislike,” said Institute for Free Speech Attorney Nathan Ristuccia. “The First Amendment doesn’t permit the government to turn a longstanding public forum into a personal billboard for city officials’ preferred views. The Supreme Court has warned against exactly this abuse.”

The Institute for Free Speech is representing Nashua resident Beth Scaer in the lawsuit filed in the United States District Court in Concord. Scaer applied to fly a Pine Tree flag from the city’s flagpole in June, but was denied.

“It’s disturbing that Nashua officials can arbitrarily silence voices they disagree with,” Scaer said. “The Pine Tree Flag represents an important part of our local history, yet the city wouldn’t allow it to fly because it’s somehow not ‘in harmony’ with their message. But this isn’t about one flag—it’s about protecting everyone’s right to free speech.”

The complaint points out that the city maintains a “Citizen Flag Pole” in front of city hall for people “to fly a flag in support of cultural heritage, [to] observe an anniversary, honor a special accomplishment, or support a worthy cause.” Those causes have included Pride Month, Indian Independence Day, Brazilian Independence Day, Greek Independence Day, International Francophonie Day, and the anniversary of the founding of Nashua’s Lions Club, according to court records.

Scaer herself used the flagpole to fly flags celebrating Martin Luther, Women’s Suffrage, and Christianity. But she started running into trouble in 2020 when her flag with the message “Save Women’s Sports” was removed after one day when City Councilor Jan Schmidt complained.

At the time of the 2020 incident, Nashua had no written policy on flag approval. But a 2022 U.S. Supreme Court ruling concerning a citizen’s flag controversy in Boston prompted Nashua to draft one.

The Nashua policy states, “This potential use of a City flag pole is not intended to serve as a forum for free expression by the public. Any message sought to be permitted will be allowed only if it is in harmony with city policies and messages that the city wishes to express and endorse.”

The Institute for Free Speech says that’s not good enough. The net effect is viewpoint censorship, says Mat Staver, founder and chairman of the nonprofit, pro-faith legal group Liberty Counsel. He should know. His organization filed the lawsuit that resulted in the Supreme Court ruling Nashua is accused of violating.

When the City of Boston banned conservative activist Hal Shurtleff from flying the Christian flag, with its white banner and red cross on a blue field, at Boston City Hall in 2017, Staver and Liberty Counsel took the city to court. They eventually won a $2.1 million award and set a legal standard at the U.S. Supreme Court he says Nashua is now failing.

“They’re clearly violating the citizens’ right to free speech, and if they don’t reverse themselves they are subject to a lawsuit. It will be expensive for the city,” Staver told NHJournal.

Scaer’s February application to fly a flag supporting people who detransition after a sex change procedure was denied this year as it was deemed “not in harmony with the message that the City wishes to express and endorse.”

Undeterred, Scaer sought permission to fly a Pine Tree flag around the anniversary of the Battle of Bunker Hill, in part to honor Granite Staters who fought in the battle. A version of the Pine Tree flag is believed to have flown at that battle.

In particular, Scaer wanted to fly what is known as the “Appeal to Heaven” flag, featuring that phrase (from philosopher John Locke) and a pine tree. The pine tree is also a reference to the 1772 Pine Tree Riot, which took place in Weare, N.H., and is widely viewed as one of the first skirmishes in the American Revolution.

But city officials denied the request, stating the flag celebrating Revolutionary War patriots was also not in harmony with the Donchess administration’s vision. The city did not explain why it found the flag objectionable.

The Pine Tree flag made news earlier this year when it was reported conservative U.S. Supreme Court Justice Samuel Alito flew it at his New Jersey vacation home. The flag was also brandished by a handful of people in the violent mob that attacked the U.S. Capitol on Jan. 6, 2021. The prevailing media narrative then linked Alito to the flag and to the Jan. 6 attack, with barely a mention of the flag’s true origin.

NOTE: An earlier version of this story mistakenly reported Liberty Counsel attempted to fly the Christian Flag in Boston. It was Hal Shurtleff and Camp Constitution, who were later represented by Liberty Counsel. NHJournal regrets the error.

Where in the world is Maggie Goodlander?

If you’re looking for the Democrat running for the Second Congressional District nomination, you might want to try an apartment in the new Nashua apartment building downtown on a street with a taxi stand and a casino.

But if you’re looking for her actual home, it might be the $2.2 million, three-bedroom house with harbor views in the First Congressional District city of Portsmouth. 

Unless it’s a work day. Then you might want to try Washington, D.C. Her husband Jake Sullivan is President Joe Biden’s national security advisor, and the couple has a home there, too.

Which leads to the ironic situation in which Goodlander is the only major candidate actually born in the Granite State, and yet she’s simultaneously facing legitimate allegations of being a “carpetbagger” as well.

Goodlander didn’t rent her Nashua residence until she became a candidate in the congressional race. Asked about the odd optics of moving into a district in order to run for office there, Goodlander retorted: “I am a renter, and there should be more renters in Congress.”

Goodlander’s building advertises apartments starting at $1,800 a month for a studio, and about $2,600 a month for a two-bedroom unit. It includes a gym and courtyard recreation area, though it seems unlikely she’ll be using the communal grill. And Goodlander’s name does not appear in the menu on the touch-screen directory at the building’s entrance.

The building is owned Wingate, one of the real estate rental conglomerates the Biden administration has been recently railing against 

Wingate, which owns and operates many apartment developments, is also a major contributor to Democratic politics, according to Federal Election Commission data. That includes a $95,000 donation to the Democratic Congressional Campaign Committee that’s working to elect the next representative in the NH-02 race.

Ironically, Goodlander’s residency issues in Nashua go back to the very first time she voted, in 2008.

According to records reviewed by NHJournal, when Goodlander cast her mail-in ballot in the 2008 general election, the address listed was for a Nashua home her parents had already sold. 

According to the 2008 voter checklist, Goodlander registered undeclared and voted by absentee ballot in both the January presidential primary and the November general election. According to the checklist, Goodlander pulled a Democratic ballot in the First in the Nation presidential primary between Hillary Clinton and Barack Obama.  

The Nashua address Goodlander used for her registration was owned by her parents Betty Tamposi and Theodore Goodlander. However, that house was not her home by the time of the November election. The house was sold that fall, with the sale closing on Oct. 24, 2008, according to Registry of Deeds records.

Betty Tamposi and Theodore Goodlander were in the middle of an ugly, high-profile divorce at the time that is still a topic of conversation in Nashua circles. The fact that Maggie Goodlander voted from an address he family didn’t live at has some people asking if she cast an illegal ballot the first time she voted.

Probably not, Secretary of State David Scanlan told NHJournal.

While Scanlan would not speculate about the specifics of Goodlander’s actions, he said New Hampshire state law allows for limited transitional gray areas when it comes to moving and voting. 

“Everybody’s situation is unique and different,” Scanlan said.

The law at the time allowed for people like college students to “domicile” in New Hampshire while actually residing in another state, according to Scanlan. Those who domiciled in the Granite State could vote in New Hampshire elections. Conversely, Granite Staters who did not domicile in New Hampshire could still claim it as their home. And they could still vote in New Hampshire elections, he said. 

“For most people domicile is black and white, it’s where they live,” Scanlan said.

The New Hampshire Supreme Court has since clarified the definition of a domicile to be closer to the definition of a residency, Scanlan said. At the same time, the law still gives leeway for people whose lives are in transition or in the process of moving.

For example, a person who sold their New Hampshire house and then traveled the country in a motorhome could still claim New Hampshire as their residency, according to Scanlan, so long as they did not establish a home anywhere else.

“They do not lose their original domicile until they establish a new one,” Scanlan said.

Under the law, a person retains their New Hampshire residency until they establish a new residency. Usually, that is done by getting a new driver’s license, or putting a child in a public school in the new location, he said.

If Goodlander in 2008 did nothing to establish a new residency somewhere else in the weeks after her parents sold the Nashua home, she could still claim it as her home for voting purposes. Goodlander left New Hampshire for college, the military, and then a career in Washington, D.C.

The Republican National Congressional Committee says, “Goodlander’s residency issues and lack of local grassroots support goes to show just how little she has to do with New Hampshire as an adult.

“The voters of NH-02 deserve someone who understands their needs, not someone who pretends to be a renter while living in D.C.,” said NRCC spokeswoman Savannah Viar.

Goodlander may be hard to track down, but the campaign checks are still finding their way to her. According to the FEC reports ending in June, she outraised all of the candidates in the race with more than $1.5 million. Her Democratic primary opponent, former Executive Councilor Colin Van Ostern, raised about $1 million.

In the GOP primary, entrepreneur Vikram Mansharamani has about $352,000 cash on hand, and frequent federal candidate Lily Tang Williams has $305,000 in the bank, $80,000 of which she loaned the campaign.

And Goodlander’s house hunting may not be over, regardless of the outcome of the NH-02 election. According to The Wall Street Journal, presumptive Democratic presidential nominee Kamala Harris has already made it clear she’s going to clean house on foreign policy if she takes over from President Joe Biden.

On the list of staffers who’ll be shown the door: Goodlander’s husband Jake Sullivan.

The New Hampshire Attorney General’s Office issued a cease and desist order to Nashua Mayor Jim Donchess and three fellow Democrats on the city’s board of aldermen over their use of public property to promote their side of a 2021 political debate.

The issue was Proposition 2, which would make substantial changes to the way the city’s police commission is composed.

The government property used was the city’s PEG, or public access TV channels and equipment, which the Attorney General’s Office ruled Donchess and the aldermen used to campaign for their political views.

“Following an investigation, this Office determined that each of your messages constituted electioneering because your messages were specifically designed to influence the votes of voters on Ballot Question 2,” Assistant Attorney General Brendan O’Donnell wrote in the order dated Jan. 11. 

“The Mayor of Nashua and its alderman… remain subject to the prohibition against using government property or equipment to electioneer. Accordingly, this Office orders each of you to cease and desist from using city property, including but not limited to the City’s PEG channels and cable television equipment, to electioneer.”

O’Donnell’s order is directed at Donchess and Aldermen Ben Clemmons, Michael O’Brien, and Lori Wilshire. But Donchess told NHJournal he and his fellow Democrats had every right to take to the airwaves.

“I think (the letter) ignores First Amendment issues,” Donchess said.

Laura Colquhoun, the Nashua resident who filed the complaint, said Donchess and the others clearly broke the law.

“Please understand that political people should not be using public TV stations to sell their message to residents. If it was a debate with both parties showing up, that would not be a problem. However, when you only have one side going on the TV station, that is electioneering, and that is against the law,” Colquhoun told NHJournal.

In 2021, Nashua voters were set to vote on Proposition 2, which would make substantial changes to the way the city’s police commission is composed. Nashua is one of a handful of New Hampshire municipalities where an independent commission oversees the police department.

Nashua is unique in that the three civilian members of its commission are appointed by the Governor’s Office and confirmed by the Executive Council, not by local representatives like the mayor or board of aldermen. Donchess backed Proposition 2 to take back local control of commission appointments.

Under Proposition 2, the commission would be expanded to five members, with three appointed by the mayor, and two appointed by the board. All of the appointments would require board confirmation.

Donchess used Nashua’s local cable access station to make his case for the changes, recording a 15-minute presentation that aired 25 times before the municipal election. Clemmons, Wilshire, and O’Brien recorded their own separate presentation opposing Proposition 2.

“We never intended to do anything wrong,” O’Brien told the news site InDepth NH.

Proposition 2 ended up losing at the ballot box. Colquhoun later used the presentations for her complaint. O’Donnell’s cease and desist letter acknowledges that state law includes an exemption for public officials appearing in a news or information program. It states that while the separate presentations produced and aired by the politicians were a violation, if Donchess and the aldermen participated in a debate about Proposition 2 and had that broadcast on the station, they would not be violating the law.

O’Donnell’s cease and desist letter makes no sense, Donchess said. Both he and the three aldermen have an absolute free speech right to speak on political issues of concern to Nashua citizens.

“Both I and members of the Board of Aldermen were attempting to inform the voters about what the issues were pertaining to the ballot questions,” Donchess said.

Why two separate, competing presentations are against the law, but a debate on a particular issue is OK also makes no sense, Donchess said. It would still see elected officials making their arguments for an election issue on public cable. 

“I do not see a distinction between (a debate) and the two presentations on the police commission,” Donchess said. 

Hours after Nashua’s James Morris was charged with senselessly assaulting police officers during a traffic stop, he made bail and was back on the streets.

“It’s certainly frustrating for the officers,” said Nashua Sgt. John Cinelli. 

James Morris

Morris, 32, is just one of the alleged violent offenders who have caused mayhem in recent days in incidents throughout the state, incidents abetted by New Hampshire’s reformed bail system. 

The 2018 bail reform was meant to eliminate the unintended consequence of the cash bail system that resulted in cases of poor people charged with relatively minor, nonviolent crimes but who were unable to afford bail.

People like Jeffrey Pendleton, a 26-year-old Nashua panhandler arrested in 2016 on a marijuana possession charge. Pendleton ended up in Valley Street Jail in Manchester when he couldn’t come up with the $100 cash bail. Five days later, he was found dead in his cell from a drug overdose.

But now, instead of protecting poor, nonviolent offenders, bail reform is letting people charged with violent felonies stay on the street.

Police stopped Morris’ car near School Street Friday night, and he refused to give the officers his identity before he decided to start fighting with them, according to Cinelli.

“We have no idea why he did that,” Cinelli said.

On Thursday, Concord homeless man Victor Manns, 23, allegedly stabbed two tourists on South Main Street and led officers on a prolonged manhunt. Manns’ was walking around despite being charged with assault in June and again in August in separate incidents.

Victor Manns

According to police, the couple were in their car parked in front of a business on South Main Street when Manns, wearing a mask and a hood, approached and began hitting the car. The alarmed couple got out of the car. Manns reportedly brandished his knife, threatened the pair, and then stabbed them, according to police.

Manns ran from the scene of the attack, kicking off a two-hour police search of the downtown area before he was captured.

On Friday, Claremont woman Brandie Jones, 33, allegedly hit a Nashua police officer with her car to avoid a felony arrest. At the time of the incident, Jones was wanted in Londonderry on warrants, including a breach of her previous bail in another case.

Brandie Jones

Nashua police had previously stopped Jones but gave a false name to officers as she had been convicted of being a habitual traffic offender by the state. If caught driving, habitual offenders face new felony charges.

After getting stopped for the second time on Friday night, Cinelli said Jones was getting out of her car as instructed by police when she changed her mind. With the door still open, she got back in the driver’s seat and sped off. The open car door hit one officer, Cinelli said.

Jones made it to Londonderry, where she ditched her car and ran. Londonderry Police eventually found her with the help of a police dog and took her into custody. 

Cinelli said that none of the Nashua officers suffered any serious injuries from the incidents involving Jones and Morris. The couple attacked by Manns both suffered lacerations, and one sustained minor injuries, which required a trip to the hospital. 

Cinelli said the 2018 bail reform law makes it easy for people charged with a crime to avoid jail, get back out, and re-offend. 

“When these guys are getting bail and getting out that quickly, what is going to stop (them) from doing it to more officers or civilians who don’t have the ability to defend themselves,” Cinelli said.

Jay Ruais, the Republican running to replace Manchester Mayor Joyce Craig, has been demanding changes to the state’s bail system as crime becomes a bigger problem in the Queen City. In recent weeks, two men charged in an Elm Street shooting got released on relatively low cash bail. In another incident, 10 people were arrested for being part of a street fight in the area of Auburn and Cedar Streets, where two men were stabbed. Most of those suspects were quickly released on bail.

“Violent, dangerous, and repeat offenders should never be on our streets,” Ruais said. “As mayor, I will make sure our police have the resources and tools they need to make our community more safe.”