New Hampshire Governor Chris Sununu.
Enlarge / New Hampshire Governor Chris Sununu.

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Three New Hampshire residents have sued Gov. Chris Sununu arguing that a ban on gatherings larger than 50 people in the state violates their constitutional rights.

The New Hampshire Union Leader reports that one of the plaintiffs, Eric Couture, attends services three times a week at a Baptist church in Nashua.

“Anyone can choose not to exercise their God-given unalienable rights,” Couture said. “We can choose not to assemble if that is our desire. What cannot occur is one man in a position of power deciding to strip us of our rights in the name of safety and without due process.”

Another plaintiff, former Republican State Representative David W. Binford, said the order would prevent him from attending meetings of the Grafton County Republican Committee.

The AP reports that a judge on Wednesday denied the plaintiffs’ request for an immediate injunction against the governor’s order. A hearing is scheduled for Friday at the Merrimack County Superior Court.

“A spokesman for Sununu said Thursday that the emergency order is consistent with actions taken across the country and is clearly within the governor’s authority,” the AP reports.

New Hampshire has 44 confirmed COVID-19 cases, according to a tally kept by Johns Hopkins University. Nationally, there are more than 14,000 confirmed cases—up from about 100 at the start of the month.

New Hampshire’s response to the coronavirus, of course, is not unusual. Across the country, cities, counties, and states have issued orders banning large gatherings, shutting down schools and restaurants, and in some cases ordering people to stay in their homes aside from a few essential activities.