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Hearing Scheduled for June 2, 2020 in Lawsuit Challenging Governor Sununu’s Orders Closing Schools

This morning, the Rockingham County Superior Court scheduled a hearing for next Tuesday, June 2, 2020, at 1:30 p.m. on our clients’ emergency motion for a temporary restraining order against Governor Christopher T. Sununu’s Executive Orders 2020-08 and 2020-09, which extended New Hampshire’s state of emergency until June 5, 2020 (totaling 84 days); (2) Governor Sununu’s Emergency Orders #1, #19, and #32, and the New Hampshire Department of Education’s “emergency” amendment to one of its internal rules, ED 306.18(a)(7), all of which collectively canceled the rest of the 2019-2020 school year for all New Hampshire public schools, and substituted in its place an inadequate system of remote instruction that is failing to meet the needs of students across the state; and (3) the Salem School District’s implementation of remote instruction pursuant to the directives above. The Honorable Andrew R. Schulman denied the emergency request, for the time being, because he prefers Governor Sununu, the Department, and the Salem School District be provided with notice and an opportunity to be heard before the Court rules.  (Judge Schulman labeled the request for a ruling without notice (known as an “ex parte” request) “wholly inappropriate.”  The Defendants’ actions, however, in changing a Department rule overnight without notice to the public, and then waiting six days to post it online, is what is truly “inappropriate.”). The June 2 hearing takes place one week earlier than the hearing in the Rivard lawsuit. Late last week, we filed the firm’s second lawsuit challenging Governor Sununu’s shutdown orders, and this action contains a potentially explosive revelation that calls into question the transparency of our government officials and whether they...

Fojo Law Files Lawsuit Challenging Governor Sununu’s Order Closing Schools and Implementing Remote Instruction, Requests Emergency Order to Re-Open Schools

This morning, we filed the firm’s second lawsuit challenging Governor Sununu’s shutdown orders, and this action contains a potentially explosive revelation that calls into question the transparency of our government officials and whether they have any desire to follow the rule of law during this “pandemic.” The lawsuit, on behalf of a father and his child (of Salem, New Hampshire), challenges (1) Governor Christopher T. Sununu’s Executive Orders 2020-08 and 2020-09, which extended New Hampshire’s state of emergency until June 5, 2020 (totaling 84 days); (2) Governor Sununu’s Emergency Orders #1, #19, and #32, and the New Hampshire Department of Education’s “emergency” amendment to one of its internal rules, ED 306.18(a)(7), all of which collectively canceled the rest of the 2019-2020 school year for all New Hampshire public schools, and substituted in its place an inadequate system of remote instruction that is failing to meet the needs of students across the state; and (3) the Salem School District’s implementation of remote instruction pursuant to the directives above.  The lawsuit, like the first action we filed on behalf of Mary Rivard, also includes an emergency motion for a temporary restraining order enjoining the Governor, the Department of Education, and the Salem School District from enforcing these orders and rules. Contact us for a FREE consultation! More specifically, the lawsuit addresses two main concerns, the second of which is more troubling and was referenced above. First, this lawsuit includes the same principal argument underlying the Rivard lawsuit: the purpose for, and supposed “emergency” underlying, Governor Sununu’s original shutdown orders in March 2020 was that New Hampshire needed to “slow the spread” of the...