Judge dismisses lawsuit over removal of marker dedicated to Communist Party leader

CONCORD, N.H. (AP) — A judge has dismissed a lawsuit brought against the state of New Hampshire after government officials removed a historical marker dedicated to a feminist and labor activist who also led the U.S. Communist Party.

The sponsors of the marker honoring Elizabeth Gurley Flynn, who filed the lawsuit last year, lack the legal right or interest to argue for the marker’s restoration, Judge John Kissinger wrote, agreeing with the state’s argument for a dismissal. The ruling was made public Wednesday.

The sponsors argued they had standing because they spent time and energy researching Gurley Flynn, gathering signatures in support of the marker and filing for its approval. They said state officials violated a law regarding administrative procedures and should put it back up.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

One of the plaintiffs, Arnie Alpert, said Thursday that they were considering filing a request with the judge for reconsideration.

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