Suit seeks to put marker back up honoring Communist leader
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Aug. 7—CONCORD — Two activists asked a Superior Court judge Monday to order a historical marker honoring a late national labor and Communist Party leader to be put back up.
Gov. Chris Sununu had ordered the marker near the Concord birthplace of Elizabeth Gurley Flynn — known as the "Rebel Girl" — taken down after two Republican executive councilors had protested.
Andru Volinsky, a former Democratic executive councilor from Concord, brought the suit on behalf of historian Mary Lee Sargent of Bow and retired American Friends Services Committee Director Arnie Alpert of Canterbury, who organized a petition for the Flynn marker in 2019.
"The marker was illegally removed based on ideological considerations that fly in the face of the historical marker program's purpose," said Sargent, who taught American history at colleges and universities in the Midwest and in New Hampshire.
The suit states that in response to the protest, state officials changed the program's rules without proper notice.
In a strongly worded response, Sununu vowed to fight the lawsuit.
"America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries," Sununu said.
"An avowed communist who benefited from a state funeral in Moscow's Red Square should not be celebrated in New Hampshire. All policies were followed when removing this anti-American sign and it will not be coming back under my watch."
Department of Natural and Cultural Resources Commissioner Sarah Stewart failed to consult with the state Historical Resources Council as required under state law, the suit said.
The complaint also said nothing in the law or historical marker rules permits them to be removed "on grounds of political or personal ideology."
A Concord native, Flynn was a founder of the American Civil Liberties Union and chaired the Communist Party of America. She served two years in federal prison after her conviction with 15 others for teaching to conspire the violent overthrow of the U.S. government.
At age 46, she joined the Communist Party. She died in Moscow 28 years later in 1964. The Soviet Union honored Flynn with a state funeral.
Approval process delayed
The sponsors got approval of the monument in 2021, but COVID-19 delayed the process.
State officials approved the text of the marker in 2022 and on May 1 placed it next to the Merrimack County Superior Court across the street from Flynn's childhood home.
After Executive Councilor Joe Kenney, R-Wakefield, condemned the marker at a May 3 meeting, Sununu ordered a review of the decisionmaking process.
Stewart had asked the Concord City Council if it wished to revoke its approval of the marker because of the controversy. A Concord city surveyor determined the marker was on state and not city property.
The Concord Heritage Commission and Concord City Council approved the location of the marker as acceptable from a public safety point of view, city officials said.
In response, state officials on May 12 changed the rules for the placement of these markers.
On May 15, at Sununu's direction, Stewart ordered the marker taken down.
"There is no doubt that Elizabeth Gurley Flynn was a significant historical figure," Alpert said.
Monday was the 133rd anniversary of Flynn's birth to Annie Gurley and Thomas Flynn, who at the time were living at 12 Montgomery St. in Concord.
State Rep. Michael Belcher, R-Wakefield, who identified himself as an "anti-Communist revolutionary," defended the governor and council opposition to the monument.
"They want us to think this is fringe. Neo-Communism is the operating system of one of the major political parties," Belcher said. "It's the nature of the federal system we're living under. Communism is the largest religious sect in America."
The new marker read as follows:
ELIZABETH GURLEY FLYNN
"The Rebel Girl"
"Born in Concord in 1890, Elizabeth Gurley Flynn was a nationally known labor leader, civil libertarian and feminist organizer. She joined the Industrial Workers of the World at age 17 where her fiery speeches earned her the nickname 'The Rebel Girl.' As a founder of the American Civil Liberties Union, Flynn advocated for women's rights, including supporting their right to vote and access to birth control. She joined the Communist Party in 1936 and was sent to prison in 1951 under the notorious Smith Act."
