A judge ruled in favor Friday of Gov. Chris Sununu after a lawsuit was filed against him over his ban on public gatherings of 50 or more people to help slow the spread of COVID-19. >> Download the FREE WMUR appThe plaintiffs said the governor did not have the power to issue his ban, but the judge said he did.The court took precautions against COVID-19, allowing only the parties involved in the lawsuit to appear at Friday's hearing at Merrimack Superior Court. News 9 joined via teleconference.The plaintiffs, two people from Manchester and one from Bath, told the court they had several events planned in the coming weeks, including meetings of the Grafton County Republican Committee and religious services. By issuing the ban, they said, the governor infringed on their rights. "In regards to limiting people's association, I mean, that is a First Amendment issue," said attorney Dan Hynes. "And when the governor curtails people's religious practice, that's also a First Amendment issue."The lawsuit also claimed the governor lacked the authority for such an order and that the state and federal constitutions prohibit it. But Judge John Kissinger Jr. disagreed. "Based on where we stand right now, based on the conclusions that were clearly laid out in the governor's declaration, the court finds that there is both statutory support and that the governor's actions pass constitutional muster in all respects at this time," Kissinger said."At the end of the day, we just wanted to make sure that what the governor is doing is not violating the Constitution," Hynes said.Sununu said the order was proper during a public health emergency."It's obviously a matter of public safety, and we are glad the court agrees," he said.Hynes said there are no plans to appeal the decision.

A judge ruled in favor Friday of Gov. Chris Sununu after a lawsuit was filed against him over his ban on public gatherings of 50 or more people to help slow the spread of COVID-19.

>> Download the FREE WMUR app


The plaintiffs said the governor did not have the power to issue his ban, but the judge said he did.

The court took precautions against COVID-19, allowing only the parties involved in the lawsuit to appear at Friday's hearing at Merrimack Superior Court. News 9 joined via teleconference.

The plaintiffs, two people from Manchester and one from Bath, told the court they had several events planned in the coming weeks, including meetings of the Grafton County Republican Committee and religious services.

By issuing the ban, they said, the governor infringed on their rights.

"In regards to limiting people's association, I mean, that is a First Amendment issue," said attorney Dan Hynes. "And when the governor curtails people's religious practice, that's also a First Amendment issue."

The lawsuit also claimed the governor lacked the authority for such an order and that the state and federal constitutions prohibit it. But Judge John Kissinger Jr. disagreed.

"Based on where we stand right now, based on the conclusions that were clearly laid out in the governor's declaration, the court finds that there is both statutory support and that the governor's actions pass constitutional muster in all respects at this time," Kissinger said.

"At the end of the day, we just wanted to make sure that what the governor is doing is not violating the Constitution," Hynes said.

Sununu said the order was proper during a public health emergency.

"It's obviously a matter of public safety, and we are glad the court agrees," he said.

Hynes said there are no plans to appeal the decision.

