Here is the State's objection:
Update: The judge denied the injunction, but did find the Governor can't violate the constitution with emergency orders. The Attorney General agreed with that, so that is a strong win for the constitution.
Written decision is here:
Press release: Sununu-Release-2.pdf
Liberty Legal Services Attorneys at Law
Admitted in New Hampshire
Today we have taken the unfortunately necessary step of filing a lawsuit against Governor Sununu to prevent implementation of his Order banning groups of more than 50 people from gathering. His order specifically applies to religious activities, political activities, and other constitutionally protected conduct.
To be clear, of course we do not wish the spread of COVID-19. However, the government should not be acting in an unconstitutional manner in order to possibly address their concerns.
Plaintiff Holly Beene said "The consequences of this government overreach will be absolutely devastating to local businesses, cause artificially inflated unemployment and paralyze the NH economy"
Plaintiff Eric Couture stated: "Anyone can choose not to exercise their God given unalienable rights. We can choose not to assemble if that is our desire. What cannot occur is one man in a position of power deciding to strip us of our rights in the name of safety and without due process."
If the governor has unilateral authority to declare anything an emergency, and take action to effectively revoke constitutional rights, we no longer live in a Constitutional Republic.
The Governor announced at his press conference today that nothing is off the table and specifically said he would consider a full lockdown of New Hampshire. We ask others to let the Governor’s office know they are opposed to living under a government that controls the people, instead of the other way around.
We are hopeful the Court issues an Emergency injunction to prohibit the Governor’s order from being enforced. The Order doesn’t even say how it is to be enforced. We hope the Police use common sense and act under our laws and do not utilize the presumably unlimited authority the Governor has appeared to provide.
212 Coolidge Ave
Manchester, NH 03102