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China’s largest beverage company, Nongfu Spring, is setting up operations in Nashua after spending $67 million on an industrial building.

But the property’s location, adjacent to the Pennichuck watershed area that supplies drinking water for the city, raises questions about where Nongfu will get its H2O.

Pennichuck Pond

Recent developments have sparked public concern about the potential sale of Nashua’s water resources to a foreign entity. A significant real estate transaction and subsequent hiring activities have brought those issues to the forefront, prompting questions about the future of the city’s water supply.

According to online records, in February 2025, STAG Industrial sold a 337,391-square-foot industrial property at 80 Northwest Boulevard in Nashua for a staggering $67 million, despite online assessments valuing the property at approximately $15 million. The buyer was not officially disclosed, leading to speculation about foreign involvement. However, recent job postings on LinkedIn indicate that Nongfu Spring, a major Chinese bottled water company, is actively hiring for positions at that location.

Nongfu sells bottled water, tea, juices, and other drinks. It was one of the first private beverage companies to emerge in China in the 1990s and helped make its owner, Zhong Shanshan, the richest man in China with a net worth of around $65 billion. 

Zhong and Nongfu came under fire last year in China when nationalist activists there deemed the billionaire was not patriotic enough. It’s not clear how much the boycott was the work of so-called nationalists or part of a pressure campaign brought by the authoritarian government against Zhong. However, it’s well known that China’s Communist Party (CCP) exerts a strong influence over businesses operating within the country, both domestically and foreign. 

That’s one reason state Senate Majority Leader Regina Birdsell (R-Hampstead) has proposed legislation to prevent agents of the Chinese government from buying and owning land near sensitive military locations in the state.

The concern in the Gate City isn’t war fighters, but water.

Across the road from Nongfu’s new beverage plant is the Pennichuck Pond, one of many ponds in the Pennichuck water system that serves as Nashua’s main water source. 

Nashua’s water supply is managed by the Pennichuck Corporation, a semi-private water company controlled by the city. Nashua purchased Pennichuck in 2012 in a unique $200 million deal that left the corporate structure in place but positioned the city as the sole shareholder. 

The deal took 10 years and multiple trips to court to go through. The push to buy Pennichuck started in the early 2000s when it was learned that a French company planned to buy a controlling interest in the water supplier. City leaders acted to keep local control of the water. 

But prior to the possible foreign owner controversy, city leaders were unhappy with Pennichuck’s management, which had been selling off hundreds of acres of land to developers. The purchase was also a way for Nashua to keep Pennichuck’s land for water use, and not for building.

The upcoming Pennichuck Board of Directors meeting on May 21, 2025, has locals wondering if they will discuss and vote on any measures related to Pennichuck Pond, the water supply, and any deals related to these recent transactions. Current Board Chair C. George Bower did not respond to a request for comment about the upcoming meeting.

Pennichuck is based in Nashua and supplies water to communities throughout southern New Hampshire. Pennichuck serves approximately 40,000 customers using water from the Pennichuck watershed and the Merrimack River. It generates more than $50 million a year in revenue against $40 to $45 million in expenses.

One of Donald Trump’s first political successes was his embrace of the opioid addiction issue in New Hampshire during the 2016 campaign. Long overlooked, the scourge of addiction was hitting working-class Americans hard, with the Granite State suffering more than 300 drug overdose deaths in 2015.

In 2018, the data analysts at WalletHub ranked New Hampshire as having the third-highest drug use rate in the U.S.

But a decade after Trump came down the golden escalator and helped raise the profile of the opioid issue, New Hampshire’s fortunes have reversed. The latest WalletHub report, released Wednesday, ranks New Hampshire 11th best overall in terms of its drug problem. The report looks at factors like recovery availability, law enforcement efforts, and rates of addiction. Hawaii, Utah, and Nebraska were in the top three for states doing well, while New Mexico, West Virginia, and Nevada have the most dire drug addiction problems according to the report. 

“I think we’re doing significantly better,” said Chris Stawasz, regional director with ambulance company American Medical Response.

Only one New England state, Connecticut, has a lower rate of drug abuse than New Hampshire. Massachusetts and Maine rank 26th and 27th, respectively; Rhode Island comes in at 28th, and Vermont is last in the region at number 32.

Stawasz, who has been collecting and publishing overdose data from the cities of Manchester and Nashua for years, said data from this year is already showing a major improvement.

“Nashua and Manchester are at half of where we were a year ago, and statewide it’s down as well,” Stawasz said. 

Part of the credit goes to state government, where Gov. Chris Sununu led a bipartisan effort to make treatment more readily available to Granite Staters. Mental health and confronting addiction have been among a handful of issues where, despite some differences in approach, support for solutions has been strong on both sides of the aisle.

As a result, New Hampshire ranks 48th among states with adults whose drug-treatment needs are unmet, WalletHub reports.

In Manchester, which has been ground zero for the Granite State’s battle with addiction, Mayor Jay Ruais — who has struggled with his own addiction issues — says the battle has been hard fought. But, he told NHJournal, the results are undeniable as the number of fentanyl overdoses and deaths continues to decline.

“Trend lines have been extraordinarily clear,” Ruais said. 

Stawasz will release numbers for the first quarter of 2025 within the next few days, but he said Manchester and Nashua have seen at least a 50 percent reduction from the first quarter of 2024. The projections for the total 2025 number of overdoses and deaths could be their lowest in at least a decade. 

Getting from the worst of the opioid crisis to the recovery being seen today takes a combination of different people and agencies working on different aspects of the problem, Stawasz said.

“I can’t point to one specific item. There’s a lot of effort going into the recovery, prevention, and law enforcement.”

Focusing police agencies on busting fentanyl dealers and stopping the traffic of drugs coming up from Massachusetts has been a big part of the recent success, Stawasz said. Ruais said police are a major component of Manchester’s success in combating the epidemic, along with the city’s Rapid Overdose Assessment and Response (ROAR) Team, assembled to deal with different aspects of addiction.

“This is an entirely collaborative effort,” Ruais said. 

Now, the ROAR team can redouble efforts and hopefully get ahead before there is a next wave, Ruais said. The city can start looking more at prevention, targeting efforts to schools and youth in the city to keep them away from drugs. 

“We can further reduce these numbers so that a person never gets into an addiction,” he said. 

It’s not an Appeal to Heaven, but to the First Circuit Court of Appeals for Nashua residents Beth and Stephen Scaer in their Pine Tree flag fight with the city.

The Scaers filed a lawsuit seeking an injunction against Nashua after they were denied an application to fly the Revolutionary War-era banner, which includes the slogan “An Appeal to Heaven,” by Nashua officials. On Friday, lawyers for the Scaers’ filed notice in the federal court of their intention to go to the appeals court in Boston.

Last Month, United States District Court Judge Landya McCafferty denied their motion for a preliminary injunction, ruling the couple was likely to lose their case on the merits. McCafferty relied on Magistrate Judge Talesha Saint-Marc’s review and report of the case in her ruling. 

According to McCafferty and Saint-Marc, the city did not violate the Scaers’ free speech rights when it denied their flag application. They argue the city’s application process for requests to fly flags on the city’s Citizen’s Flag Pole is an example of an allowable government speech restriction that does not infringe on the First Amendment.

Nathan Ristuccia, an attorney with the legal nonprofit The Institute for Free Speech, insists the court is wrong and that the treatment of the Scaers, who are outspoken political conservatives, is viewpoint discrimination.

“The City of Nashua cannot manipulate government speech doctrine into a ruse for subsidizing viewpoints they like and discriminating against those they disfavor,” Ristuccia wrote in a motion arguing against Saint-Marc’s report. “The City has sought to maintain the Citizen Flag Pole as a forum for favored constituents while using its written policy to create a superficial appearance of compliance with (prior free speech ruling) Shurtleff v. City of Boston.”

In the past, the Nashua city government has allowed flags celebrating Pride Month, transgender rights, as well as ethnic heritage with the national flags of Greece and the Dominican Republic. However, the city has also rejected previous requests to fly symbols advocating pro-life politics, libertarianism, and protecting women’s sports from biological males. 

The city adopted a flag pole policy in 2022, after several rejected applications, that states in part, “[the] flag pole is not intended to serve as a forum for free expression by the public.”

Ristuccia calls the policy an attempt at invoking “magic words” to get around the First Amendment claims of people whose applications were rejected. The Scaers had their Pine Tree Riot flag rejected in 2024 when the city informed them the Revolutionary War banner is not “in harmony with city policies and messages that the city wishes to express and endorse.”

The city’s rejection of the Pine Tree Riot flags is not about Nashua officials harboring royalist sentiment. Instead, officials are being swayed by current political prejudices seemingly shared by Saint-Marc. In her report, Saint-Marc determined the flag the Scaers wanted to fly is a symbol that’s been coopted by the “far right.”

“The record also indicates that the flag was used during the Jan. 6, 2021 attack on the United States Capitol Building in Washington, D.C.,” Saint-Marc wrote.

City Attorney Jonathan Barnes likened the Scaer’s request to fly the Pine Tree Riot flag at city hall to flying a Nazi flag during his arguments in front of Saint-Marc.

“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 in court.

The 1772 Pine Tree Riot took place in Weare and is considered a pivotal event that led to the American Revolution. The flag has long been associated with patriotic movements. The Scaers wanted to fly the flag on the anniversary of the Battle of Bunker Hill to honor New Hampshire Minutemen.

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.