Laurie Ortolano Wins in State Supreme Court 5-0 vs City of Nashua

by
Laura Colquhoun

Today was a big win for every Nashua resident, and it also vindicated Laurie Ortolano as the Supreme Court ruled in the Ortolano case against the City of Nashua with a 5-0 win.

The Supreme Court stated:

Part I, Article 8 of the New Hampshire Constitution provides that:

“the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.”

The Right-to-Know Law states that “ [e]very citizen … has the right to inspect all governmental records … except as otherwise prohibited by statute or RSA 91-A:5.” … The purpose of the Right-to-Know Law is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people. Although the statute does not provide for unrestricted access to public records, [the New Hampshire Supreme Court] resolve[s] questions regarding the Right-to-Know Law with a view to providing the utmost information in order to best effectuate these statutory and constitutional objectives. As a result, [it] broadly construe[s] provisions favoring disclosure and interpret[s] the exemptions restrictively. The party seeking nondisclosure has the burden of proof.

Ortolano v. Nashua, No. 2022-0237 (August 18, 2023 Opinion) (internal citations omitted).

This win hopefully will show the City of Nashua that residents are concerned and want to know how their government is being run. But more importantly, it states that residents have the right to inspect all governmental records.  

Three cheers for Laurie Ortolano!!

The decision:

Laura Colquhoun on Laurie Ortolano win – Supreme Court Order on 2022-0257 Back up tape emails

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