CONCORD, N.H. (AP) — Nashua’s face-covering ordinance and the governor’s declaration of a state of emergency because of the coronavirus will stand while they’re being challenged in court, a judge ruled Monday.
Andrew Cooper, a Nashua resident, had filed a request for a preliminary injunction as part of his lawsuit seeing to end Gov. Chris Sununu’s emergency declaration and the city’s rules requiring members of the public ages 10 and older to wear face masks when entering any business, work site or government building.
He argued that Sununu lacked the authority to make the declaration because “there is no ‘emergency’ in New Hampshire,” a claim that Hillsborough County Superior Court Judge Jacalyn Colburn said defied common sense.
“As anyone not living in a cave for the past few months would know, the State, the Country, and the entire world are in the midst of a once-in-a-century pandemic event,” she wrote in denying the motion.
The judge was equally blunt in rejecting Cooper’s claim that the mask ordinance infringes on his freedom of speech. She noted that the U.S. Supreme Court established more than a century ago that actions taken in response to a public health emergency should be upheld as long as they have a substantial relation to public health and safety and do not constitute a “plain, palpable invasion of rights.”
“Here, it is plain-as-day that the ordinance bears a substantial relation to public health and safety,” she wrote. “It seems common sense — to everyone except the plaintiff, his attorney, and his expert — that requiring individuals to cover their faces while indoors will help reduce the transmission of a highly contagious virus that is spread through the air.”
In other coronavirus-related developments:
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BUSINESS SURVEY
Maintaining sales and customers is by far the top concern of New Hampshire businesses struggling through the coronavirus pandemic, according to a recent survey.
The New Hampshire Small Business Development Center used some of its $1.28 million in federal virus aid funding to survey 1,549 businesses in 172 cities and towns between June 10 and 24. More than four out of five said they are very or somewhat concerned with maintaining sales, customers. A majority of respondents also are very or somewhat concerned about access to capital, supply chain disruptions, timely payment of bills, liability and workplace cleaning.
More than of the businesses have seen their revenue decrease by 50% or more, especially those with few employees and those in the arts, entertainment and recreation industry or the accommodation and food service industry.
Only 19% of respondents said they had a resiliency plan in place before the pandemic, prompting the development center to schedule several “Small Business Resiliency Academies” across the state. The center is cooperative venture of the U.S. Small Business Administration, the state Department of Business and Economic Affairs, the University of New Hampshire and the private sector.
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VIRTUAL FAIR
Organizers of the 87th annual League of New Hampshire Craftsmen’s Fair say the only thing missing this year will be the bugs.
The weeklong event usually is spread out among dozens of tents at the base of Mount Sunapee but this year will be held online because of the coronavirus pandemic. From Aug. 1 through Aug. 9, online visitors will be able to communicate with and purchase items from more than 140 Virtual Fair participants and view live-demonstrations and musical performances.
Miriam Carter, the league’s executive director, says staff members and crafters have worked hard to provide a comprehensive experience that “will capture the excitement of the annual trek to the fairgrounds.”
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NO NEW DEATHS
As of Monday, 6,068 people had tested positive for the virus in New Hampshire, and 391 had died. The number of infections is thought to be far higher because many people have not been tested, and studies suggest people can be infected with the virus without feeling sick.
For most people, the virus causes mild or moderate symptoms. For some, especially older adults and the infirm, it can cause more severe illness and can lead to death.
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