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N.H. town scraps public event insurance requirement

Faced with a possible First Amendment lawsuit, selectmen in Jaffrey, N.H., have rescinded their new guidelines requiring people or groups holding events on town property to buy $1 million insurance coverage.

The New Hampshire Civil Liberties Union challenged the rule on behalf of resident Jean Coutu, who applied to hold an annual Live Free or Die political celebration.

Acting Town Manager Randall Heglin said the town is revising the policy because of the Civil Liberties Union challenge. He indicated that town counsel and Jaffrey’s insurance company, Primex Insurance Brokers Inc., reviewed the complaint.

The New Hampshire Civil Liberties Union says requiring a $1 million commercial general liability insurance policy to hold events on public property in Jaffrey violates constitutional free speech rights. The group threatened to sue if the town applied the rule to the annual Live Free or Die Celebration this month.

Barbara Keshen, civil liberties union staff attorney, said requiring a $1 million insurance policy “chills free speech and constitutes an unlawful restraint on First Amendment speech.”

Coutu, a Jaffrey resident, said he applied in May to use the town common for his event but did not receive a copy of the new insurance policy until June. Coutu believes the town policy was in response to his application.

But Heglin said the town began considering requiring insurance during the winter when department heads voiced concerns the rising costs of events. Heglin said the town and insurer developed a policy to protect public properties.