Lawsuit Dismissed Over Removal of Historical Marker Dedicated to Communist Party Leader in New Hampshire

A lawsuit against New Hampshire over the removal of a historical marker honoring a Communist Party leader has been dismissed. Sponsors lack legal standing.

After a judge dismissed a lawsuit against the state of New Hampshire regarding the removal of a historical marker dedicated to a feminist and labor activist, the sponsors of the marker are now considering their options.

Legal Dismissal

Judge John Kissinger made the ruling, stating that the sponsors lack the legal right to argue for the marker's restoration. The ruling, made public on a Wednesday, emphasized that the efforts of the sponsors did not give rise to a legal right, interest, or privilege protected by law.

Historical Marker Background

The historical marker honoring Elizabeth Gurley Flynn was installed in Concord last May, close to her place of birth. However, it was taken down two weeks after its installation following criticism from two Republican members of the Executive Council.

Reasons for Removal

The decision to remove the marker was influenced by opposition from Republican members and Governor Chris Sununu, who called for a review of the historical marker process. The controversy stems from Flynn’s involvement with the U.S. Communist Party, leading to concerns about the appropriateness of the marker.

Contributions of Elizabeth Gurley Flynn

Despite the controversy, Flynn was recognized as "The Rebel Girl" for her spirited advocacy for women’s rights and civil liberties. She was a founder of the American Civil Liberties Union, and the marker highlighted her involvement in advocating for women’s voting rights and access to birth control.

Marker Approval Process

Under the current process, any person, municipality, or agency in New Hampshire can propose a historical marker, provided they obtain 20 signatures from state residents. The text of the marker, along with supporting documentation, must be submitted for evaluation by the state Division of Historical Resources and a historical resources advisory group.

Lawsuit Allegations

The lawsuit also contested the validity of the policies and guidelines used by the Department of Natural and Cultural Resources to run the program, alleging that their adoption did not align with the requirements of the Administrative Procedures Act. It claimed that the department did not follow the guidelines, particularly regarding consultation with the advisory historical resources council before markers are "retired."

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