After hearing the head of the Keene Police Department assert that outlawed activities are not illegal during his interview on WKBK I’ve decided to e-mail the Chief and inquire with him publicly what his positions are on enforcing the law.
Kudos to FreeKeene.com’s Sam Dodson for mentioning the ridiculous law that the Keene Police apparently have decided to ignore. This ignoring of a law seems to fly in the face of the first provision of the Keene Police mission statement.
My letter to the Chief is below:
Chief Meola,
My name is Bradley Jardis and, as you know, I am a blogger at the FreeKeene.com website.
I recently heard an interview that you took part in on WKBK.  During the call a fellow contributor of mine at FreeKeene.com called to participate in the interview and he made reference to your department not enforcing the provisions of RSA 332-D. Your responses to him during this interview have left me with questions regarding the consistency of your law enforcement agency enforcing the law. I have some questions about this and I would be very appreciative for your response.
Although it is safe to say that at the present time the vast majority of people disagree with many positions our blog takes regarding the role of government, one cannot deny that our website is frequently visited by residents of your community.
QUESTION #1
During the interview you claimed that engaging in sports or business on the Lord’s Day is not illegal.  A clear reading of RSA 332-D seems to conflict with your assertion. Specifically:
332-D:1 Sunday Work. – No person shall do any work, business, or labor of his secular calling, to the disturbance of others, on the first day of the week, commonly called the Lord’s Day, except works of necessity and mercy, and the making of necessary repairs upon mills and factories which could not be made otherwise without loss to operatives; and no person shall engage in any play, game, or sport on that day.
RSA Chapter 332-D allows individual local governing bodies to exempt their communities from the provisions of this state law. Specifically:
332-D:4 Exceptions. – Nothing in this chapter shall prevent the governing body of any city or town from adopting bylaws and ordinances permitting and regulating retail business, plays, games, sports, and exhibitions on Sundays. Bylaws and ordinances adopted by the governing body in accordance with this section shall continue in force until altered or annulled by vote of the legislative body.
I’ve reviewed all of Keene’s city ordinances and have failed to find an exemption to the prohibition of activities authorized by the Keene city council. Does such a bylaw or ordinance exist?
QUESTION #2
State law imposes a penalty for violation of chapter 332-D. Specifically:
332-D:7 Penalty. – A person who violates any provision of this chapter is guilty of a violation.
Does your police department have the authority to enforce this law?
QUESTION #3Recently the New Hampshire General Court debated legislation intending to change the requirements of the prohibitions imposed on activities during the Lord’s Day authorized by RSA 332-D. The General Court declined to make any changes to this chapter leading me to believe that it is the remaining intent of the General Court that activities prohibited by RSA 332-D:1, absent a specific bylaw or ordinance exempting a local municipality from it’s requirements, remain prohibited. I’ve also examined the history of the chapter and have found no case law or Attorney General opinion declaring that the statue is unconstitutional or otherwise unenforceable by the authorities.
I’ve been to Keene many times on Sundays and have seen numerous violations of this law. Why doesn’t your police department enforce this law which is openly violated by countless individuals in your community on a weekly basis?
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I thank you for your time in reading and responding to my concerns. I believe all residents of Keene are entitled to know which laws their law enforcement agency intends to enforce.
Respectfully,
Bradley Jardis
FreeKeene.com
