New Hampshire lawmakers won’t get remote access while lawsuit continues

CONCORD, N.H. (AP) — Medically vulnerable lawmakers who went to court seeking remote access to the New Hampshire House won’t get their way while their lawsuit proceeds, a federal appeals court ruled Friday.

Six Democrats sued Republican House Speaker Sherm Packard in February 2021, arguing that holding in-person sessions without a remote option during the coronavirus pandemic violates the Americans with Disabilities Act and the state and federal constitutions. The effort had been led by House Democratic Leader Renny Cushing, who died March 7 of prostate cancer and complications of COVID-19.

Though a federal judge denied the Democrats’ request for a preliminary order last year, an appeals court reversed that decision in April. But after Packard sought a re-hearing, the court issued a new ruling Friday affirming the original opinion, which held that the plaintiffs were not likely to succeed because their claims are barred by legislative immunity.

Protecting lawmakers from being sued, the court said, serves the public good by furthering legislative freedom and thus democratic self government. Two of the judges disagreed.

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