Berlin resident found in violation of Civil Rights Act

CONCORD — New Hampshire Attorney General John M. Formella on Wednesday announced the resolution of a Civil Rights Act enforcement action filed against Hayden Anderson in Coos County Superior Court through a negotiated consent decree.

In July, Anderson, 22, of Berlin was charged with six alleged violations of the New Hampshire Civil Rights Act.

On Aug. 15, the court approved that consent decree and found that Anderson violated the victims’ civil rights when he trespassed upon their property three separate times to steal rainbow LGBTQ+ pride flags.

The court found that sexual orientation and/or gender identity motivated Anderson’s conduct and that his conduct interfered with the victims’ lawful activities.

The charges stem from three separate incidents in 2023 when Anderson, who once lived on State Street in Berlin, trespassed onto the property of a Berlin residence and removed a Pride flag hanging outside a home where the victims, identified only by their initials in court filings, lived.

According to NH Attorney General John Formella, Anderson on June 18, 2023, and Aug. 5, 2023, stole a rainbow-striped LGBTQ+ pride flag, damaging the flagpole in the process.

On Sept. 8, Anderson went to the home and again removed a pride flag.

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“In each of these incidents, Mr. Anderson entered the property at night, took steps to conceal his identity, and sought out the rainbow pride flag on the victims’ property in order to steal the flag,” Formella wrote.

Surveillance cameras allowed police to identify Anderson. Court records show Anderson was arrested on the charges by Berlin police in October 2023. He pleaded guilty to three misdemeanor counts of criminal trespass and two counts of stalking. He was sentenced to the Coos County House of Corrections for 12 months on each charge. The sentences were suspended, conditional upon good behavior for two years and alcohol and drug counseling. He was also ordered to pay $2,170 in fines, suspended for three years, and to stay away from the victims and their home.

As a result of the consent decree, the court imposed a $10,000 civil penalty with all but $5,000 suspended for a period of two years conditioned upon Anderson’s compliance with the remainder of the court’s order.

Anderson was ordered to comply with any recommendations of a previously completed substance use assessment. The court also restrained Anderson from committing future Civil Rights Act violations, engaging in any unlawful activities motivated by protected characteristics, going within 350 feet of the victims, their home and their places of work, and contacting the victims or their family members.

A violation of the court’s order could lead to the imposition of additional civil penalties or criminal charges consistent with RSA 354-B:4, I.

The Civil Rights Unit enforces state civil rights laws, including the Civil Rights Act and the New Hampshire Law Against Discrimination. Anyone who believes their civil rights have been violated may file a complaint atdoj.nh.gov/bureaus/civil-rights-unit or by calling 603-271-3650.

Berlin Sun Editor Lisa D. Connell contributed to this report.