The sponsors of the marker honoring Elizabeth Gurley Flynn, who filed the lawsuit last year, lack the legal right or interest to argue for the marker's restoration, Judge John Kissinger wrote, agreeing with the state's argument for a dismissal. The ruling was made public Wednesday.
The green and white sign describing the life of Flynn was installed last May in Concord, close to where she was born on Aug. 7, 1890. It was one of more than 275 across the state that describe people and places, from Revolutionary War soldiers to contemporary sports figures. But it was taken down two weeks after it went up.
The marker had drawn criticism from two Republican members of the Executive Council, a five-member body that approves state contracts, judicial nominees and other positions, who argued it was inappropriate, given Flynn’s Communist involvement. Republican Gov. Chris Sununu agreed and called for a review of the historical marker process. It was removed in consultation with Sununu, according to Sarah Crawford Stewart, commissioner of the Department of Natural and Cultural Resources.
Known as “The Rebel Girl” for her fiery speeches, Flynn was a founder of the American Civil Liberties Union and advocated for women’s voting rights and access to birth control. The marker said she joined the Communist Party in 1936 and was sent to prison in 1951. She was one of many party members prosecuted “under the notorious Smith Act,” the marker said, which forbade attempts to advocate, abet or teach the violent destruction of the U.S. government.
Flynn later chaired the Communist Party of the United States. She died at 74 in Moscow during a visit in 1964.
