Jonathan Doyle v. Commissioner, Department of Resources and Development
Issue: First Amendment
Filed in Merrimack County Superior Court

Cooperating Attorney Jon Meyer

Jonathan Doyle is an amateur film maker who produced a small film about Big Foot on Mount Monadnock. The film generated some publicity and Mr. Doyle decided to go back to the mountain to film a sequel. A park ranger intercepted the filming and told him he would need to apply for a Special Use Permit because the filming was beyond the scope of routine recreational activity. A Special Use Permit requires a waiting period of 30 days, costs $100, and requires the posting of a $2,000,000 insurance bond.NHCLU argued that this regulation was unconstitutional because it is too broad – it regulates small time activity that has virtually no impact on the mountain to the same extent that it regulates large scale activity that can have a profound effect.The Superior Court denied our Petition for a Declaratory Judgment. NHCLU appealed and the NH Supreme Court reversed, holding that the regulation was not narrowly tailored to achieve the State’s interest in regulating competing uses of the park. NHCLU was awarded $46,000 in legal fees. The decision can be found at 163 N.H. 215 (N.H. 2012).

 

State of NH v. Catherine Bailey, et al
Issue: First Amendment
Criminal Charges filed in Manchester District Court.

NHCLU defended several protestors charged with violations of curfew ordinance and criminal trespass when they set up a twenty-four hour occupation of Veteran’s Park in Manchester. NHCLU filed a Motion to Dismiss the charges, arguing that the application of the curfew and trespass laws to the peaceful protest violated the defendants’ rights to free speech, assembly and revolution under the NH Constitution. After a full day hearing the judge denied the motion. The defendants have appealed. Those protesters who were convicted of criminal trespass have a right to a jury trial. They have appealed their convictions to Hillsborough Superior Court. Those protesters who were convicted of the curfew violation, which does not involve a jail sentence, have appealed to the NH Supreme Court.

 

Doe v. State of NH
Issue: Criminal Justice
Filed in Merrimack County Superior Court
Cooperating Attorney William Chapman, Orr and Reno.

This case challenges the registration requirement for those sex offenders who completed their sentence before the registry went into effect. NHCLU has raised two bases for the challenge: 1) the law violates the ex post facto clause because it inflicts a punishment beyond the sentence; and 2) the law violates due process because there is no way for most sex offenders to prove they are not dangerous and get off the list. Motions for Summary Judgment are due in February, 2013.

Legal Documents: Doe Petition

 

William Thomas v. City of Franklin
Issue: Criminal Justice
Filed in Merrimack County Superior Court
Cooperating Attorney Richard Samdperil, Samdperil and Welch

This suit challenged the residency restrictions for sex offenders in the City of Franklin. The Superior Court granted the petition, finding that the City violated the equal protection clause of the NH Constitution because it burdened the fundamental right to use and enjoy property without demonstrating a sufficient reason for doing so. The City of Franklin appealed to the NH Supreme Court. Days before the scheduled hearing before the Supreme Court the City withdrew its appeal.

Legal Documents: Thomas Appellee Brief

 

Guglielmo v. Shaker Regional School District
Issue: Parental Rights
Petition to Board of Education

This suit challenged a rule that prohibits anyone with a felony record from volunteering in any capacity in the school. The petitioner is a former convict, whose son faced serious medical challenges that required the constant presence of a nurse. The petitioner sought to accompany his son to school when the nurse was unavailable. The school refused.

NHCLU argued that the rule was fundamentally unfair to a parent who posed no risk of harm to children. Unfortunately petitioner’s son died while this action was pending.

Legal Documents: Memorandum in support of Appeal

 

McKaigh v Jozokos
Issue: Privacy
Filed in Strafford County Superior Court
Petition for Injunctive Relief

Demetria McKaigh is a school counselor at Farmington High School. She counseled a pregnant sophomore who wanted an abortion. The student was seeking a judicial bypass because she did not want to tell her parents. The principal found out about the pregnancy and threatened to tell the girl’s parents if she did not reveal to them that she was pregnant. NHCLU filed a petition to enjoin the principal from disclosing her pregnancy to her parents. The petition was granted.

 

 

Partnered with Americans United for Separation of Church and State.The Education Tax Credit Program allows businesses to reduce their tax liability by receiving an 85 percent tax credit in exchange for donations made to K-12 scholarship organizations, which will pay for tuition at religious and other private schools. Since there is no state oversight of the schools receiving funds, religious schools will be able to use the donations for religious instruction, indoctrination and religiously based discrimination. The state constitution specifically provides that “no person shall ever be compelled to pay towards the support of the schools of any sect or denomination” and that “no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination.” The tax credit program is a violation of the New Hampshire constitution and the strict separation of church and state.