inside sources print logo
Get up to date New Hampshire news in your inbox

Despite Court Ruling, House Dems to Keep Fighting For COVID Exceptions

Democrats are vowing to keep up the fight over COVID-19 restrictions at the State House even as more voters are ready for an end to pandemic living.

On Monday, the First Circuit Court of Appeals in Boston denied New Hampshire Democrats an injunction against House Speaker Sherman Packard (R-Londonderry). Democrats have been pushing for Packard to allow for remote attendance for legislators. House Minority Leader Rep. David Cote (D-Nashua) responded by saying he would continue the remote legislation lawsuit.

“While we are disappointed that the First Circuit denied our request for a preliminary injunction, it is important to note that the court did not rule that disabled people must risk death to serve in the legislature and represent their constituents. The court’s decision only related to a preliminary injunction, not the Speaker’s denial of minimal accommodations for representatives with disabilities,” Cote said in a statement.

Cote, 61, lives with cerebral palsy and has not been to Concord for a vote in more than two years. He did not respond to a request for comment on Monday.

Packard successfully argued that as Speaker he enjoys “legislative immunity” and is exempt from following the Americans with Disabilities Act, and therefore the injunction fails.

“This opinion reaffirms the importance of the integrity of the legislature and the legislative process. Both the First Circuit and District Court evaluated the plaintiffs’ arguments and ruled against them. My next step is to continue working on legislation that will benefit the state of New Hampshire and keep pushing us forward,” Packard said in a statement.

Spencer Kimball, an associate professor at Emerson College and the director of the school’s polling center, said the politics of the pandemic have shifted away from favoring Democrats as the virus has become less threatening.

“I have been looking at COVID restrictions and see a big difference nationally between Democratic voters where 38 percent see COVID as a major health threat, while that number is about 17 percent among independents and 14 percent among Republicans,” Kimball said.

The COVID-19 virus seems to be in retreat, with cases and hospitalizations dropping drastically in recent weeks across the country and in New Hampshire.

Earlier this week, state Sen. Tom Sherman, (D-Rye) who is running to unseat Gov. Chris Sununu, was asked if he would impose a mask mandate “on day one” after taking office. “It really depends on the numbers,” Sherman said. “You have to look at what’s called the epidemiology, which is how pervasive is it in the community.

“If the numbers say it is [necessary], then we may need to do that, but that would not be my first response, Sherman added.

Kimball said, with the threat perception changing, COVID restrictions could be a loser for Democrats heading into the midterms.

“Democrats may be overplaying their COVID hand, but if COVID was to increase they may find themselves in a stronger position. Time will tell,” Kimball said.

In New Hampshire, most adults have some level of protection against COVID-19, according to recent UNH Survey Center data.

Currently, one-quarter (of adults) say they have tested positive for COVID since the pandemic began. Six in 10 adults say they are vaccinated and boosted, another 17 percent are vaccinated but not boosted, and 22 percent are not vaccinated at all. Overall, seven in eight Granite Staters likely have some protection against COVID-19 through vaccination or recent infection,” The UNH data report states. 

David Paleologos, director of Suffolk University Political Research Center, said Democrats need to be alert to parents who are tired of mask mandates and school lockdowns harming their children.

“It’s hard to say whether or not mask advocacy on its own will be a cutting issue in November. More likely is a scenario where Democrats will say mask policies and required vaccinations ultimately saved lives and Republicans will say that mask mandates were an overreach, setting back education a couple of years,” Paleologos said. 

Democrats who align with teachers unions, which have backed stricter COVID restrictions like remote learning and masking, have had a rough time at the ballot box.

“Traditionally, education and healthcare are wheelhouse issues for the Democratic Party. If Republicans chip away at these two pillar issues (like they did in Virginia and New Jersey last fall), Democrats may face some dark November days,” Paleologos said.

Glenn Youngkin took the Virginia governor’s race, in part, because parents were upset with COVID lockdowns. In New Jersey, incumbent Democratic Gov. Phil Murphy barely beat a challenge from Republican Jack Ciattarelli.

Cote took over the leadership after the death of state Rep. Robert “Renny” Cushing (D-Hampton.) Cushing died this month following a two-year battle with prostate cancer. His family told The New York Times Cushing’s death was partially brought on by complications from COVID-19.

Cushing first brought the lawsuit to the federal court and pushed for a ruling on the appeal for the injunction ahead of the current legislative session. Even as he was dealing with cancer treatments, Cushing remained active throughout the pandemic, missing few votes over the last two years. 

House Speaker Dick Hinch (R-Merrimack) died from COVID-19 in 2020 shortly after the first socially distanced House session of the biennium at UNH’s athletic complex.

House Dem Says Cops a Danger to Black Men, Now Sits on Criminal Justice Committee

Democrats have replaced the representative who used the “N-Word” on the state House Criminal Justice and Public Safety Committee with the representative who said police are a danger to Black men.

It is yet another fiasco from the fallout of the Rep. Nicole Klein Knight (D-Manchester) incident, which continues to wreak havoc within the House Democratic Caucus.

Klein Knight was called out by Black and Latino progressives after she (allegedly) used the “N-Word” more than 20 times during a State House confrontation with 18-year-old Democratic activist Jonah Wheeler. During the encounter, Klein Knight also called security on Wheeler, who is Black.

Klein Knight, who has remained silent since NHJournal broke the story, was booted from her position on the Criminal Justice committee — which handles issues of policing and law enforcement — at the request of Democratic leaders. In a surprise — advocates for law enforcement call it shocking — move, Democrats replaced her with Rep. Manny Espitia (D-Nashua).

Espitia created a controversy of his own when he said Klein Knight’s decision to call State House security officers to confront Wheeler put the young man in danger because he is Black.

“Rep. Klein Knight represents one of the most racially diverse districts in the state and should therefore feel an even greater responsibility to uplift Black, Brown and Indigenous voices,” Espitia said last week. “Instead, she engaged in degrading, bigoted behavior against a young Black man, eventually calling security on him, despite being fully cognizant of the heightened dangers Black men face in this country in the presence of law enforcement.” [Emphasis added.]

Espitia issued a partial apology in response to widespread criticism.

“A statement I recently made in which I referenced the ‘heightened dangers Black men face in this country in the presence of law enforcement’ has been misrepresented in a news article to imply that I was calling the integrity of our Protective Services personnel into question,” Espitia wrote to his House colleagues. “I apologize for not choosing my words more carefully, and I appreciate you providing me the opportunity to make this important clarification.”

Espitia’s view, that systemic racism among law enforcement makes them a danger to people of color, is the basis of the #DefundThePolice movement supported by New Hampshire progressives. While it is embraced by the New Hampshire Black Lives Matter organization and the NH ACLU, polls show it is not a popular view among voters.

Espitia did not respond to a request for comment.

Now, Espitia sits on the committee that oversees law enforcement policy in the state, though his appointment was news to members of the committee contacted by New Hampshire Journal. Rep. Laura Pantelakos (D-Portsmouth) was surprised to learn of Espitia’s placement on the committee and she is not thrilled with his comment about police.

“I think that’s a stupid statement,” she said. 

Rep. John Burt (R-Goffstown), who also serves on the committee, was likewise surprised to learn Espitia was Klein Knight’s replacement.

“I personally think it’s the wrong pick. We deal strictly with law enforcement issues, if he’s already against law enforcement how can he be impartial on votes?” Burt said.

Hollis Police Chief Joseph Hoebeke, speaking as president of the New Hampshire Association of Chiefs of Police, said Espitia’s comments are disheartening and frustrating. 

“You need to be very careful when you make assertions like that. I don’t think it’s appropriate for public officials to say things like that,” Hoebeke said.

Hoebeke said there is simply no data to prove New Hampshire police present a danger to Black men, and there has been a years-long movement in law enforcement to address community concerns. Instead of repeating the #DefundthePolice rhetoric, Espitia should reach out to law enforcement and engage in a conversation, Hoebeke said.

“We need to focus on relationships rather than make more divisions,” Hoebeke said. “Comments like that don’t help.”

Assistant Department of Safety Commissioner Eddie Edwards, said the state works hard to make sure all people are treated fairly. Edwards is Black and a former New Hampshire police chief.

“As someone with firsthand experience and accountability responsibilities, I believe no state is working harder to make certain all residents and visitors are treated with respect and dignity while interacting with law enforcement,” Edwards said.

Pantelakos would not say if Espitia’s views of law enforcement made him a good pick for the committee. Instead, she deferred to the judgment of House Minority Leader Renny Cushing (D-Hampton), who made the choice.

“I would assume that Minority Leader Cushing felt that (Espitia) could do the job. It’s not always easy to say who should be on the committee and who shouldn’t be on the committee,” she said.

Neither Cushing nor his deputy Rep. David Cote (D-Nashua), responded to a request for comment.

Sununu’s Inaugural Speech: Getting Laughs, Going Long and Drawing Lines

The most memorable thing about Gov. John Chris Sununu’s second inaugural address (other than Speaker Shurtleff’s gaffe) was how much fun the governor had giving it.  It’s the defining aspect of the Sununu style of governance:  In a time of seemingly non-stop political anger and partisan anguish, Chris Sununu is having a great time.

A little too great, based on the 60+ minutes run time. (“This was 20 minutes when I read it at home last night,” Sununu assured the assembled). Still, by peppering the speech with personal stories and anecdotes– along with classic Sununu self-deprecation–the governor kept things moving. And any speech that can work in quotes from Harry Potter and Adam Sandler can’t be all bad.

 

Most of the speech was spent cheerleading–another Sununu staple. He celebrated the state’s economy, the previous work of the legislature, the efforts of healthcare and public safety employees, the life of George H. W. Bush, his wife’s charity work with Bridges House, etc.

If Gov. Sununu’s speech had a soundtrack, it would have been “Everything Is Awesome” from The Lego Movie.

But everything isn’t quite awesome, as the governor acknowledged, as he spoke about suicide rates in a way that echoed the discussion of opioid addiction a few years ago. He also talked about the ongoing drug abuse issue, the “hub and spoke” approach, and lingering concerns about the performance of DCYF, etc.

Not surprisingly for a Republican governor who must work with a Democratic-controlled legislature, Sununu avoided partisanship. In fact, the words “Republican” and “Democrat” appear but once in his prepared remarks:

“Whether you are a Republican or Democrat, Independent or Libertarian — we all share a passion for making our communities the strongest they can be.”

But that doesn’t mean Sununu avoided partisan politics. New Hampshire Democrats haven’t been shy talking about the tax increases that are part of their “Granite State Opportunity Plan.”  Though the Democrats in the House and Senate haven’t come together on a single approach, they all involve at a minimum taking away tax reductions scheduled for the future, if not raising tax rates on businesses outright.

Gov Sununu didn’t pick any fights from the podium, but he was very clear:

“Look at the data. Revenues are rising. Costly regulations have been eliminated, and we are investing surplus funds into smart one-time investments.
 
I implore this legislature to learn from the mistakes of the past.  The last thing we should be doing is raising taxes or pushing a budget that does not live within our means.  And it should go without saying -There will be no sales or income tax of any kind on my watch.”

Sununu also used that rarely-heard word in energy-policy debates: “ratepayer.”

“I have always said we should view energy policy through the lens of the ratepayer.  And I hear a lot of talk from legislators that say YES, they will fight for lower electric rates, but then vote for legislation that raises rates and burden our citizens.  You can’t have it both ways.”

The irony is that Sununu has his own “both ways” policy on energy, calling for continued subsides of inefficient/expensive wind/solar, but targeted to benefit low-income residents.

“The Office of Strategic Initiatives and Public Utility Commission are currently working out a plan for the multi-million-dollar Clean Energy Fund which is being made available this year.  I want to see renewable energy projects for low income families and communities to be a priority for those investment dollars.”

Not exactly the policy of a full-throated free marketer, but a politically-smart position for a Republican who just survived a #BlueWave in a purple state and doesn’t want to lose a job he loves.

[To read Gov. Sununu’s entire prepared text, click here.]