Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Civil Rights Enforcement Private Action topic
No spam. Unsubscribe anytime.
Bill to create private right of action under New Hampshire Civil Rights Act draws support from AG's office with amendment
Summary
Legislation (HB 641) to permit private lawsuits under the state's civil rights statute drew informational testimony from the attorney general's civil‑rights unit and support from civil‑rights groups, while officials proposed language allowing the Department of Justice to intervene in private cases.
The House Judiciary Committee heard testimony on House Bill 641, which would add a private right of action to New Hampshire's Civil Rights Act, 3 54‑B, allowing individuals to seek relief in state court for violations currently enforceable only by the attorney general.
Representative Linda Gathright introduced the bill, saying it would permit "a person to have the right to have a lawyer to represent them for any civil rights violations they think might have been against them." Representative Jonah Wheeler, a co‑sponsor, described it as a "common nonpartisan" measure intended to increase access to remedies for victims.
Sean Locke, senior assistant attorney general and head of the Department of Justice civil rights unit, provided informational testimony and said the department did not take a position on the underlying bill but supported an amendment that would allow the attorney general's office to intervene in private suits. Locke described the Civil Rights Act as a tool to "protect the rights and lawful activities of another through actual or threatened uses of force, violence, property damage, or trespass when those unlawful acts are motivated by protected characteristics" and said the office had received increased complaints, including "about 215" contacts in 2024 with roughly "50 to 55" that alleged potential Civil Rights Act violations.
Local chapters of the NAACP urged support. Michael Atkins, legal redress chair for Greater Nashua NAACP, told the committee the bill would close a remedy gap, "empowering individuals to advocate for themselves" and highlighted a sharp increase in reported bias‑motivated incidents.
Attorneys and former Human Rights Commission members also testified in support, saying a private right of action would parallel federal law and provide individuals a way to vindicate their rights when state resources are limited. Paul Phillips, a former Human Rights Commission chair, said the measure fills a long‑standing gap and noted similar private actions exist in other New Hampshire statutes.
Department of Justice staff advised the committee that allowing DOJ intervention would be important to protect the public interest in matters that could exceed a private plaintiff's case. Locke also noted some technical drafting issues in the bill language that he recommended be refined before enactment.
Why it matters: HB 641 would broaden the enforcement avenues available for bias‑motivated and civil‑rights harms in New Hampshire, potentially increasing litigation and giving victims a direct path to file suit when they allege civil‑rights violations. The attorney general's suggested amendment to permit state intervention aims to preserve the public interest in larger cases and protect enforcement continuity.
Next steps: The committee received written testimony and invited additional language adjustments proposed by the Department of Justice. No committee vote was recorded at the hearing.
