A Merrimack County Superior Court judge heard arguments Wednesday on whether a legal case challenging the state’s removal of a historic plaque marking the birthplace of a 20th century American labor leader should move forward.
Elizabeth Gurley Flynn was a labor activist from Concord, who also led the U.S. Communist Party. A marker commemorating her life was removed from a downtown street corner last year following criticism from Gov. Chris Sununu and two Republican executive councilors.
The New Hampshire Attorney General argues that the state legally complied in the removal of the marker and that the plaintiffs do not have standing to bring the case to court since they haven't suffered damages.
Andru Volinsky, the lawyer for the plaintiffs, disagrees.
“There are legal rules and statutes that apply to the marker program,” Volinsky said. “And we think the governor is no better, no worse than anyone else in that he has to follow the law.”
Volinksy said it's too soon to say whether the marker will be reinstated.
“Winning can be just simply a declaration that the governor and the commissioner violated the law,” he said. “That could be the extent of this court's authority.”
Mary Lee Sargent, one of the advocates suing the state, said in an interview following Wednesday’s hearing that she's hopeful the case can move forward.
“I am very optimistic that at least we have standing," she said, "and if we have standing we can move forward."
