New Hampshire
N.H. city’s refusal to fly ‘Save Women’s Sports’ and ‘An Appeal to Heaven’ flags is unconstitutional, appeals court rules – The Boston Globe
A federal appeals court has ruled officials in Nashua, N.H., engaged in unconstitutional viewpoint discrimination when they denied requests to fly certain politically charged flags, while allowing others, on the city’s “citizen flag pole.”
Bethany and Stephen Scaer, whose requests to hoist banners with the slogans “Save Women’s Sports” and “An Appeal to Heaven” were rejected, teamed up with the Institute for Free Speech and filed a lawsuit in 2024 alleging their First Amendment rights were violated.
The trial court in New Hampshire initially concluded the Scaers hadn’t demonstrated a likelihood that their case would succeed, since the flags approved for display at City Hall constitute government speech. But three judges on the First Circuit Court of Appeals reversed that decision Monday, finding that the flagpole in question had actually been a venue for private speech all along.
The case relates to one Boston lost in 2022, when the US Supreme Court ruled unanimously that the city had unconstitutionally rejected an application to fly a Christian flag.
Even though Nashua sought to clarify its policy in response to that 2022 precedent, the city’s process for deciding which flags from the general public would be allowed still didn’t convert private speech into government speech, according to the First Circuit ruling.
“Nashua was doing no more than simply approving that private speech with which it agreed,” Judge Sandra L. Lynch wrote in the ruling, joined by judges Gustavo A. Gelpí and Jeffrey R. Howard.
In a statement, Beth Scaer said the ruling offers a sense of vindication.
“No one should have to face government censorship for expressing their beliefs,” she said. “We’re thrilled with this victory for free speech rights throughout New England.”
Nathan Ristuccia, an attorney with the Institute for Free Speech who argued the case on appeal, said his team is delighted by the ruling.
“As the First Circuit recognized, governments cannot get away with censorship by labeling that censorship ‘government speech,’” Ristuccia said.
Before the lawsuit was filed, Nashua Mayor James W. Donchess said the city declined to fly the “Save Women’s Sports” flag because officials interpreted it as implying transgender people should face discrimination.
The Scaers, who regularly demonstrate against gender-affirming medical interventions for minors and against inclusion of transgender athletes in women’s and girls’ sports, rejected the notion that their messaging is transphobic.
As for the “Appeal to Heaven” flag, which features a pine tree, Donchess said city officials want to avoid endorsing the additional meaning it has taken on in recent years.
The banner emerged during the American Revolution, with a nod to the Pine Tree Riot in New Hampshire, an act of American resistance that preceded the Boston Tea Party. More recently, the flag has also been used by Christian nationalists, including some who carried it to the US Capitol on Jan. 6, 2021, when a violent mob delayed the certification of President Trump’s 2020 electoral defeat.
In her application to raise the “Appeal to Heaven” flag, Beth Scaer said she wanted to honor the soldiers from Nashua who fought and died at the Battle of Bunker Hill in 1775. She and her husband said their request has nothing to do with the Capitol riot.
Nashua has also declined to fly several other flags since the 2022 policy update, including a “pro-life” flag and a Palestinian flag, according to the lawsuit.
Nashua’s attorney, Steven A. Bolton, said on Tuesday that the city has not yet determined whether to file an appeal. He noted that the appellate ruling calls for the trial court to grant interim declaratory relief while the case proceeds.
Bolton said the city has stopped inviting community members to fly their own flags.
“A new policy was adopted more than a year ago, and we no longer use the term ‘citizen’s flag pole,’” he said. “We no longer accept applications from other parties to fly flags on any of the poles on the City Hall grounds.”
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
New Hampshire
Manchester Man Indicted On Pembroke Child Assault Charges: Merrimack County Superior Court Roundup
CONCORD, NH — A grand jury in Merrimack County recently indicted the individuals listed below.
Robert S. Bzdula III, 23, of West Chrisco Road in Seagrove, North Carolina, on a felony count of attempted aggravated felonious sexual assault. He was accused of exposing his erect penis in front of a child under 13 between Dec. 1, 2022, and July 26, 2025, in Dunbarton.
John Camden, 42, a homeless man now located in Concord, on a felony controlled drug, prohibited-fentanyl, on Jan. 6 in Concord.
Timothy Casey, 24, a member of Concord’s unhoused community, on a felony receiving stolen property charge. He was accused of possessing stolen copper pipes from Yamas on South Main Street in Concord, on March 18.
Keyan Chambers, 30, of Brown Avenue in Manchester, on second-degree assault and second-degree assault-attempt charges. He was accused of assaulting a child in Pembroke, causing hemorrhaging to his neck on March 27, 2025. Between March 1 and March 31, 2025, Chambers pushed the child against the wall, “toward the commission of… strangulation,” according to an indictment, in Pembroke.
Megan R. Champagne, 40, a homeless woman now located in Concord, on a felony count of conspiracy to commit theft by unauthorized taking. She agreed with David King to steal a tent from Target in Concord on Dec. 10, 2025, according to the indictment.
Sarai J. Chapman, 35, of Spofford Street in Claremont, on a felony possession of methamphetamine charge on Nov. 25, 2025, in Henniker.
Editor’s note: This post was derived from information supplied by the Merrimack County Superior Court and does not indicate a conviction. This link explains how to request the removal of a name from New Hampshire Patch police reports.
Amanda S. Colgan, 38, of Main Street in Claremont, on a felony count of controlled drug act; acts prohibited-meth in Bradford on Dec. 30, 2025.
Jay Thomas Johnson, 50, of Woodbryer Avenue in Greensborough, North Carolina, on a felony count of identity fraud. He was accused of posing as another and requesting the man’s detailed banking information at Merrimack County Savings Bank in Concord on Oct. 6, 2025.
Matthew W. Kelly, 46, with a last known address of Robie Road in Salisbury, on a felony count of penalty; registration of criminal offenders. He was accused of failing to let Concord police of his residence on Feb. 2. Kelly is a Tier III sex offender due to a rape conviction in Massachusetts in September 2003.
Stephanie M. Kelly, 37, of Pheasant Lane in Manchester, on a felony controlled drug act; acts prohibited-meth charge on May 8, 2024, in Hooksett.
Kayleigh King, 23, of Union Street in Concord, on a felony assault by prisoners charge. While in the Merrimack County Jail in Boscawen, she was accused of kicking a corrections officer in the stomach on Feb. 20.
Timothy J. Leclair, 45, of Canterbury, on possession of fentanyl and possession of a fentanyl and meth mix charges, both felonies, on May 4, 2025, in Hooksett.
New Hampshire
Cops Searching For Missing Man | Rollover Crash | House Speaker To Step Down | More: PM Patch NH
Community Corner
Also: Homeless burglar accused of burglarizing store for cigarettes; 2026 political signup updates; Statehouse votes; sports notes; more.
CONCORD, NH — Here are some share-worthy stories from the New Hampshire Patch network to discuss this afternoon and evening.
This post features stories and information published during the past 24 hours.
Missing Nashua Man Frequents Lawrence And Lowell, Police Say: Christopher Serrano was last seen on April 20, and family and friends are concerned for his well-being.
Find out what’s happening in Concordfor free with the latest updates from Patch.
Rollover Crash In Concord Closes South Main Street; 1 Sent To The Hospital: Video: South Main Street between Perley and Water streets was closed to traffic for about 90 minutes after a collision on Friday morning.
Homeless Felon, Previously Convicted Of Burglary, Accused Of Burglarizing Concord Market Basket For Ciggies: Kevin Gobeil, who has been arrested dozens of times in the capital city, faces another felony charge after a September 2025 incident.
Find out what’s happening in Concordfor free with the latest updates from Patch.
Blood Drives | Farmers Markets | Historical Society Events | More: The Salem Patch Weekender: NH PBS Spring Auction; books and brews; wildflowers, waterfalls, and garden trains; addiction recovery program; stories; arts and crafts.
Technical Trouble Delays Sentencing For Trans Ex-State Rep. In Child Sex Abuse Images Case: Once hailed as one of the “LGBTQIA+ Democrats who are the backbone of the Granite State,” Stacie Laughton is facing decades in prison.
Woman Injured In Rollover | Dating App Hookup Investigation Leads To Rape Charges | More: PM Patch NH: Also: “Substance abuse reduction initiative” nets 6; 2026 candidate filings, other political notes; argument leads to woman being run over.
2026 Political Posts
Here is some of the latest news from Patch partners.
🌱 Patch AM: GoFundMe Efforts Set Up To Help Victims Of Nashua Apartment Building Fire: Follow-Up
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