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Nashua, NH, Man Sues Over State Of Emergency, Mask Ordinance

CONCORD, N.H. – Gov. Chris Sununu's executive order renewing New Hampshire's state of emergency was challenged in a virtual hearing Thursday morning.

Andrew Cooper's attorney, Robert Fojo, said New Hampshire's state of emergency is no longer appropriate. (WBZ-TV)

"The point of the shutdown was to prevent our hospitals from being overrun with COVID," said Robert Fojo, attorney for Nashua resident Andrew Cooper. "Our curve always remained flat. We didn't even need to flatten it."

Fojo argued that emergency measures that appeared to be constitutionally appropriate months ago – like shutting down schools and the economy – are no longer appropriate.

"Many of us have disagreements with public officials on many things," said Solicitor General Daniel Will, "but, as the U.S. Supreme Court emphasized, this is an area we entrust to our elected officials who are charged with the protection and safety of our citizens."

New Hampshire Gov. Chris Sununu on the state's coronavirus response. (WBZ-TV)

Cooper's attorney also challenged the latest Nashua city ordinance, which requires the use of face masks.

"This ordinance is ridiculously intrusive," Fojo said.

"It requires a mask in places where someone is likely to come within 6 feet of another person," said the city's attorney, Steve Bolton.

A motion to dismiss the case, submitted by Sununu's attorneys, will be reviewed soon.

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