The Voice covers Rochester, but city attorney tells judge that don't mean squat

The hearing was held in Courtroom 1 at Strafford Superior Court in Dover; inset from left, Rochester City Attorney Terence O'Rourke, Superior Court Judge Daniel E. Will and Rochester Voice editor and publisher Harrison Thorp (Courtesy photos)

Editor's note: This is one in an occasional series focusing on The Rochester Voice v. City of Rochester complaint over the city's refusal to honor digital Right to Know requests made by The Rochester Voice. The city of Rochester contends it doesn't have to comply with such requests, because Rochester Voice editor Harrison Thorp is not a New Hampshire citizen.
DOVER - After hearing Rochester's city attorney lay out his argument on why The Rochester Voice doesn't deserve to receive Right to Know documents and be given 91-A protections, Strafford Superior Court Judge Daniel E. Will had one question.
"Does the fact that Mr. Thorp runs a news organization that reports on Rochester news move the needle?" he asked City of Rochester Attorney Terence O'Rourke."
"No," O'Rourke said flatly.
The Hearing on the Merits was held as a result of the City of Rochester's appeal of the Right to Know Ombudsman's November decision that deferred to the legislature or judiciary what "citizen" means in the state's Right to Know statute.
The Rochester Voice in August filed the RTK case with the RTK Ombudsman's Office, because the City of Rochester in April of 2023 said it would be ending digital delivery of RTK documents to The Rochester Voice because its editor and publisher, Harrison Thorp, are domiciled in Maine.
While Thorp filed his complaint with the RTK ombudsman as The Rochester Voice, Rochester City Attorney Terence O'Rourke filed the city's appeal against Thorp personally.
Friday's hearing was marred by technical failures with the sound system in Courtroom 1, forcing Judge Will to temporarily halt the proceedings while a bailiff rearranged several chairs and a lectern to allow those in the gallery to hear the proceeding. One spectator told The Voice even with the furniture moves, the audio was horrible.
O'Rourke began the hearing by arguing that those who don't live in New Hampshire need not be given 91-A (Right to Know Law) protections.
"It takes time and resources to process these Right to Know requests," he said. "And we shouldn't have to do this for out-of-staters."
Thorp countered that The Rochester Voice has won 14 New Hampshire Press Association awards since it was established in 2017, was named the Greater Rochester Chamber of Commerce's Business of the Year in 2021 and won NHPA's coveted Community Service Award in 2023. That award, Thorp said, was based on Right to Know documents he obtained through a Right to Know request that exposed a flawed land buy, a policy that has since been corrected.
O'Rourke also reiterated his point that The Rochester Voice can go to department offices during regular business hours and request to view documents, which Thorp called out as a false narrative.
"When I went into the DPW to ask to view documents the receptionist requested that I just send an email because all the RTK requests go through the city attorney, so how is that an efficient use of time," a frustrated Thorp retorted.
Thorp added that former New Hampshire Supreme Court Chief Justice and current NH House Judiciary Chair Bob Lynn was visibly distraught when Thorp testified in Concord on Jan. 18 that the City of Rochester had denied The Rochester Voice Right to Know protections because he was not a citizen of New Hampshire. Lynn subsequently shepherded an amendment to HB 1069 that changed the language from "every citizen" to "any person," which would effectively quash O'Rourke's appeal.
While Thorp was apprising Judge Will of HB 1069 O'Rourke made an objection of "de novo," because the facts Thorp was presenting came after the City of Rochester's appeal was filed.
"Yes, I know," Judge Will replied, "but I'm going to overrule that to hear Mr. Thorp.
Thorp then explained to the judge that HB 1069 passed easily in the House and is currently before the Senate Judiciary Committee.
The 40-minute hearing ended with Judge Will repeating that the issue before him was solely what the meaning of citizen is in 91-A, adding that his ruling on the City of Rochester's appeal of the RTK Ombudsman's decision will be taken under advisement pending his ruling at a later date.