This is not your average overnight thread (ONT). We just received some great news that we need to share. The State of NH has dropped its fine against the Simply Delicious Baking Co. in Bedford. The business had been cited for failing to follow the state’s mask mandate.
From our November 2020 coverage:
Simply Delicious Baking Co. owner Alexa Firman received a $500 fine by mail last week from the N.H. Attorney General’s office for “operating in violation of the Governor’s Emergency Order 52.” The letter stated “violations of any Emergency Order are subject to civil penalties of up to $1,000 per violation or up to $2,000 per day under Emergency Order 65.”
Here is the press release from the bakery.
BEDFORD, New Hampshire – A fine assessed against Bedford bakery “Simply Delicious Baking Co.” for not requiring masks has been withdrawn by the state of New Hampshire. Bakery owner Alexa Firman received media coverage around New Hampshire when she chose to contest the fine last year.
In challenging the fine, the bakery’s attorneys argued that Firman’s decision not to wear masks did not violate the Governor’s orders as they were written at the time the fine was issued. They also argued that the fine was constitutionally defective. Throughout the litigation, the bakery was represented by attorneys Ian Huyett of Manchester and James Lombardi of Bedford.
In a letter received by the bakery on June 18, 2021, the Attorney General’s office stated that it had decided to withdraw the fine.
The State’s letter reiterated that it continues to believe that the bakery is guilty of violating the Governor’s orders. Yet whatever the State might believe, the bakery is innocent until proven guilty: a legal principle that is not changed by any order of the Governor. The State has not met its burden of proof in this case, and no court or hearing has ever found the bakery liable for violating any law or order.
Throughout the pandemic, Simply Delicious has sought in good faith to protect its customers from COVID-19 while maintaining a community-oriented environment. Assessing this fine in the first place was of no value to the community. Firman and her bakery call on the state legislature to forgive all similar fines, and to unburden the many other small businesses that make community in the Granite State possible.
Firman and the bakery are grateful for the support of a strong community of customers throughout this litigation, including many who contributed to the bakery’s legal fees through GiveSendGo.
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Note for press: Although Attorney Huyett serves as General Counsel for the advocacy group Cornerstone, his work on this case was not done in his capacity as Cornerstone’s attorney.