New Hampshire lawmakers to meet in person again

(The Center Square) – New Hampshire House Speaker Sherman Packard is planning to hold another in-person legislative session as Democratic lawmakers continue to push for remote options.

Beginning next Wednesday, the 400-member House of Representatives will convene for a three-day session indoors at the New Hampshire Sportsplex facility in Bedford.

Packard, a Londonderry Republican, said he made the decision to hold the in-person session following discussions between Republican and Democratic lawmakers.

“While there may be disagreement on the issues, we all agree that we can complete our business in a timely manner, if we all operate with mutual understanding and respect for our colleagues and our great institution,” Packard wrote in the House’s weekly calendar.

The move comes as Democrats prepare to appeal a recent ruling from a federal court that tossed out their lawsuit for remote access for lawmakers with medical issues.

House Democratic Leader Renny Cushing, D-Hampton, and several other lawmakers filed a lawsuit against Packard alleging he was violating the Americans with Disabilities Act by refusing to provide accommodations for 28 lawmakers with health concerns.

In February, a U.S. District Court judge rejected the lawsuit, but Democrats appealed the ruling. A federal appellate court is scheduled to hear oral arguments on April 5.

Lawyers representing Democrats argue in court filings that lawmakers with medical conditions that put him at a higher risk for getting COVID-19 have a “qualified disability” and must have accommodations made for them under federal disability laws.

In court papers, lawyers for Packard say the New Hampshire Supreme Court has made it clear in rulings that “the Legislature, alone, has complete control and discretion whether it shall observe, enforce, waive, suspend, or disregard its own rules of procedure.”

Former House Speaker Dick Hinch, R-Merrimack, died of COVID-19 on Dec. 9, less than a week after being sworn in at the outdoor session at the University of New Hampshire at Durham.

Republicans were criticized for holding the event in person amid the pandemic, and many lawmakers skipped the event, opting instead to take the oath of office virtually.

Democratic lawmakers have sought to update the House’s rules to allow remote voting during the pandemic, but the effort has been rejected by Republican leaders.

Packard said recently there were no reported COVID-19 cases from two in-person House sessions held from Feb. 24-25 at the NH Sportsplex. Legislative leaders took steps to ensure social distancing, but a few Republican lawmakers refused to wear masks.

“Careful and cautious management has led to good results, and that’s exactly what we have done with the legislature,” Packard said in a statement. “We can lead in a responsible way, and we are getting our business done in a responsible way.”

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