A new bill tries to balance local power when it comes to kicking parents out

Parents in Bow wore pink armbands at a girls’ soccer match in 2024 to protest the inclusion of transgender athletes in girls’ sports.

School staff ordered them to remove the armbands or leave the field. 

When the parents resisted, the school issued no-trespass orders, barring them from attending any school games if they continued wearing the armbands. If they didn’t conform, they faced arrest.

The parents sued the school district in a case that continues in federal court.

To prevent similar situations, the Republican-backed House Bill 1184 was introduced to clear up the legal process during disputes. 

State Rep. James Thibault of Franklin, one of the bill’s sponsors, said the legislation would rectify problems surrounding no-trespass orders on municipal or school district property by establishing a uniform standard for local officials and a clear path for due process.

“An NTO (no-trespass order) should exist to protect the public, not to unjustly curtail, or suppress speech, or otherwise punish people,” Thibault said. “This bill is a  necessary reform to protect citizens and ensure transparency and accountability at the local level.”

In September 2024, Bow parents wore pink armbands marked with “XX” during a girls’ soccer game against Plymouth Regional High School as a silent protest against transgender athletes playing on girls’ teams, with the symbol representing the sex chromosomes assigned to females at birth.

One of the players on the opposing team was transgender and the armbands were viewed by school officials as an attempt to intimidate an individual student.

The dispute has turned into a prolonged legal battle over whether the school district’s no-trespass orders violated the parents’ First Amendment rights.

The lawsuit was initially filed in the U.S. District Court for New Hampshire, which ruled in favor of the school.

The parents appealed that decision to the U.S. Court of Appeals in Boston, and after a hearing in November, both sides are now awaiting a ruling.

Balance of power

More from this section

Most popular girl names in the 60s in New Hampshire

The 30 cities in New Hampshire where homes are selling the fastest

State Rep. Juliet Harvey-Bolia, a Tilton Republican and prime sponsor of the bill, said she wants to protect residents and taxpayers from being unfairly targeted.

She said residents have faced no trespass orders just for speaking out at public meetings, even those who serve on budget committees and ask tough questions about spending.

“They’ve weaponized the use of no trespass orders in certain situations,” Harvey-Bolia said.

Under the bill, if a school district or local government wants to issue a no-trespass order, it would initially only be valid for 24 hours. 

After that, the governing body, like a select board or school board, would have to unanimously approve an extension at a public hearing. The person facing the order could also request a private hearing if they prefer.

Not everyone is on board with the proposal. 

Sarah Burke Cohen, a legislative advocate with the New Hampshire Municipal Association, called the bill “impracticable.” 

“Their bill’s requirement that the governing body unanimously vote to issue a no trespass order makes it nearly impossible to issue a no trespass order when one may, indeed, be necessary to keep others safe,” Burke Cohen said. “Municipal employees are hired by the governing body to handle these types of rapidly developing situations, occurring on municipal premises.”

The bill also caps no-trespass orders at 90 days. Any extension beyond that would require a court-issued restraining order. If the bill passes and is signed into law, any existing orders over 90 days would automatically be canceled.

Cohen Burke said it’s unclear how many no-trespass orders are currently in place or why they were issued in the first place.

“We don’t know any of that information,” Cohen Burke said. “So it could be problematic for municipalities and school districts.”

•••

These articles are being shared by partners in the Granite State News Collaborative. Don’t just read this. Share it with one person who doesn’t usually follow local news — that’s how we make an impact. For more information, visit collaborativenh.org.