Judge refuses to order remote access to New Hampshire House
U.S. Court News
The New Hampshire House can proceed with in-person sessions this week without providing remote access to medically vulnerable lawmakers, a federal judge ruled Monday.
Seven Democratic lawmakers sued Republican House Speaker Sherm Packard last week arguing that holding in-person sessions without a remote option violates the Americans with Disabilities Act and the state and federal constitutions, and forces them to either risk their lives or abandon their duties as elected officials.
They sought a preliminary order requiring remote access, but U.S. District Court Judge Landya McCafferty denied their request. Without ruling on the merits of the case, she said the speaker can’t be sued for enforcing a House rule that is “closely related to core legislative functions.”
“While today’s ruling is a setback, history will judge New Hampshire House Democrats favorably for standing for public health and democracy during this pandemic,” said House Democratic Leader Renny Cushing, one of the suit’s plaintiffs. “Unfortunately, this case has exposed the callous indifference of House Republican leadership toward our most vulnerable members during the COVID-19 crisis that has taken the lives of a half a million Americans.”
Since the start of the coronavirus pandemic, the 400-member House has met several times at the University of New Hampshire ice arena, outside on a UNH athletic field, and - after former Speaker Dick Hinch died of COVID-19 - from their cars in a parking lot. The sessions scheduled for Wednesday and Thursday will be held at a sports complex in Bedford that offers more space to spread out than the previous facilities, as well as separate entrances for members from opposing parties.
“We will continue to work with all House members to ensure that if they choose to attend any legislative meeting in person, that they can be confident that we are taking a high degree of precaution, and have extensive health and safety measures in place,” Packard said in a statement.
But Cushing said ruling makes clear that the speaker is “solely to blame for active and obvious exclusion of members of the House.”
“As we teach our children, just because you can do something does not mean you should,” he said.
Related listings
-
Justices: California can’t enforce indoor church service ban
U.S. Court News 02/16/2021The Supreme Court is telling California that it can’t bar indoor church services because of the coronavirus pandemic, but it can keep for now a ban on singing and chanting indoors.The high court issued orders late Friday in two cases where chur...
-
US court halts drilling at ConocoPhillips project in Alaska
U.S. Court News 02/11/2021A federal appeals court ordered work to stop at a major oil project on Alaska’s North Slope, siding with conservation and Indigenous groups.The decision Saturday by the 9th U.S. Circuit Court of Appeals will stop on-the-ground work for the wint...
-
Far-right extremist convicted of murdering German politician
U.S. Court News 01/28/2021A far-right extremist in Germany was convicted Thursday and sentenced to life in prison for the murder of a regional politician who had advocated helping refugees — a brazen killing that shocked the country.In its verdict against 47-year-old St...
Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.