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Fojo Law Amends Keene Face Mask Lawsuit to Challenge State-Wide Face Mask Mandate

On September 18, 2020, we filed a lawsuit in the United States District Court for the District of New Hampshire challenging the City of Keene’s enactment of an ordinance requiring individuals to wear face masks and Governor Sununu’s Emergency Order #63, which requires individuals to wear face masks in certain gatherings of 100 people or more. That lawsuit, filed on behalf of three Keene business owners (Ian B. Freeman, Malaise Lindenfeld, and Aria DiMezzo), challenges (1) the City of Keene’s enactment of an ordinance (O-2020-09-A) requiring individuals who enter any business, who are present in any outdoor area serviced by a business, or who enter or are present in the common areas of any business, or in the common areas of any residential building with three or more units, to wear face masks or coverings; and (2) Governor Sununu’s Emergency Order #63, which requires individuals to wear face masks in certain gatherings of 100 people or more.  The lawsuit, like the first action we filed on behalf of Mary Rivard, and the lawsuit challenging the Governor’s order closing schools and implementing remote instruction, also included a request for an order enjoining the Governor and the City from enforcing the order and the ordinance, respectively. Today, we filed an amended complaint in that lawsuit.  In addition to some minor changes addressing arguments raised by the Defendants in their recent motions to dismiss, it adds a new claim challenging Governor Sununu’s Emergency Order #74, which requires people to wear face masks or coverings when in public spaces without physical distancing (the so-called state-wide face mask mandate), and Emergency Order #81 which extended...