New Hampshire Loitering Law Challenged in Federal Court
A federal lawsuit argues the state's loitering statute is unconstitutionally vague and violates civil rights.
Updated on Oct. 10, 2026 in Criminal Justice
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Robert Gaynor, an unhoused resident, has filed a federal lawsuit challenging the constitutionality of New Hampshire's loitering law. The legal challenge, which seeks to consolidate with a prior 2025 case, claims the statute grants police subjective discretion that violates the Fourth and Fourteenth Amendments.
Why it matters
The lawsuit contends that the state's loitering statute is unconstitutionally vague, potentially allowing for discriminatory enforcement against vulnerable populations. Consolidation of the case is sought to prevent conflicting judicial rulings on the statute's validity.
Official records show 260 loitering charges were filed in New Hampshire courts throughout 2025, with over 83% originating in the Circuit Court system. Between mid-2021 and mid-2023, the 6th Circuit Court dismissed 23 cases, 43% of which involved unhoused individuals.
The players
Robert Gaynor
He is a 42-year-old plaintiff who has been unhoused for seven years.
American Civil Liberties Union
This advocacy group is requesting to consolidate the new lawsuit with an existing case.
Robert Clark
He is an individual who filed a separate initial lawsuit against the loitering statute in 2025.
The details
The plaintiff argues that the current law, which prohibits appearances that cause alarm for the safety of persons or property, is too subjective. He has been unhoused for seven years and asserts that such broad statutes are frequently misused to target individuals without stable housing.
Timeline
July 1, 2021 - June 30, 2023: 23 loitering cases were dismissed by the 6th Circuit Court.
September 2025: Robert Clark filed an initial lawsuit regarding the statute.
January 1, 2025 - December 31, 2025: 260 loitering charges were filed across New Hampshire courts.
October 8, 2026: Robert Gaynor filed a new federal lawsuit.
Legal Context
This lawsuit directly invokes the Fourth and Fourteenth Amendments to the U.S. Constitution to challenge the state's authority to criminalize loitering. It follows a pattern of constitutional challenges aimed at limiting the scope of state-level statutes that govern public space usage.
The potential invalidation of the state loitering law could significantly alter how law enforcement interacts with residents in public spaces across New Hampshire. Residents and business owners may see changes in how loitering incidents are handled if the courts rule the statute is unconstitutionally vague.
The takeaway
This case highlights the ongoing tension between local public safety ordinances and federal constitutional protections for vulnerable populations. It serves as a reminder that statutes involving subjective definitions of alarm can face significant scrutiny in federal court.
Further reading
For more information on legal proceedings and state statute challenges, visit the Criminal Justice section.
Source note: This article includes information reported by Concord Monitor.
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