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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.
Crime
Elijah Allman’s arrest on March 1 was his second in New Hampshire in a matter of days.
A court hearing for Cher’s son Wednesday over allegations he broke into a New Hampshire home this month has been canceled.
Elijah Allman’s arrest on March 1 was his second in New Hampshire in a matter of days. Allman, the 49-year-old son of the iconic singer and actress, was also detained Feb. 27, accused of acting belligerently at a prestigious prep school in Concord.
It is unclear if Allman, of Malibu, California, has any connection to the home in Windham, New Hampshire. He is being held in the Rockingham County Department of Corrections, Superintendent Jonathan Banville said.
The hearing Wednesday was continued until an undetermined date after Allman got an attorney Wednesday morning. The attorney, Sarah Landres, did not respond to a request for comment.
Allman, whose father was the late singer Gregg Allman, is charged with two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it.
Officials at St. Paul’s School said Allman last month identified himself as the parent of a prospective student and slipped into the dining hall as some students were leaving the building. Police responded to reports that he was disturbing people in the building.
He was charged with four misdemeanors in the school incident: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime. He was released on bail.
Allman did not respond to an email requesting comment, and a phone number for him was not working.
In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman’s struggles with his mental health and addiction have left him unable to manage his assets and potentially put his life in danger.
The petition says the superstar performer’s son is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.
Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his attorneys, who acknowledged his previous struggles but argued that he was in a good place, was attending meetings, getting treatment and reconciling with his estranged wife.
The son of Cher is scheduled to be in court Wednesday for a hearing over allegations he broke into a New Hampshire home earlier this month.
It was the second arrest in a matter of days for Elijah Allman, 49, of Malibu, California, who was detained Feb. 27 after allegedly acting belligerently at a prestigious prep school in New Hampshire. It was unclear if Allman had any connection to either St. Paul’s School or the home in Windham, New Hampshire.
Allman remains in the Rockingham County Department of Corrections in what is called preventive detention, Superintendent Jonathan Banville said.
Allman, whose father was the late singer Gregg Allman, faces two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it .
In the incident at the prep school, Allman was charged with four misdemeanors: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime.
At about 7 p.m. that day, Concord police responded to reports that Allman was disturbing people in the dining hall of St. Paul’s School. After charging Allman, police said he was released on bail as his case works through the court system.
Allman did not respond to an email requesting comment, and a phone number for him was not working. It was unclear from the court records if Allman has an attorney.
In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman struggles with mental health issues and addiction have left him unable to manage his assets and potentially put his life in danger.
The petition from the singer and actress said Elijah Allman is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.
A few weeks later, Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his his attorneys, who acknowledged his previous struggles but argued that he is in a good place now, attending meetings, getting treatment and reconciling with his previously estranged wife.
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