Enforcement Actions Filed Against Hayden Anderson for Violations of the New Hampshire Civil Rights Act

Concord, NH –Attorney General John M. Formella announces the initiation of an enforcement action by the Civil Rights Unit against Hayden Anderson, age 22, of Berlin, New Hampshire, alleging six violations of the New Hampshire Civil Rights Act. 

The civil complaint alleges that on June 18, 2023, Mr. Anderson trespassed upon a residential property in Berlin and stole a rainbow LGBTQ+ pride flag from outside a home, damaging and disposing of the flagpole in the process. Then, on August 5, 2023, he trespassed upon the same victims’ property a second time and once again stole a rainbow pride flag from outside the home, damaging and disposing of the flagpole in the process. Last, on September 8, 2023, he trespassed upon the victims’ property a third time and stole another pride flag from outside the home, damaging and disposing of the flagpole in the process. In each of these incidents, Mr. Anderson entered the property at night, took steps to conceal his identity, and sought out the rainbow pride flag on the victims’ property in order to steal the flag.

The civil complaint alleges that each separate act of trespass constituted a violation of the Civil Rights Act because Mr. Anderson was motivated by sexual orientation and/or gender identity when he entered onto the property of another to steal the rainbow pride flags. The civil complaint further alleges that each separate act of property damage also constituted a violation of the Civil Rights Act because Mr. Anderson was motivated by sexual orientation and/or gender identity when he damaged the property in the process of stealing the rainbow pride flags. Each of these acts interfered with the rights and lawful activities of the victims because they interfered with their right to express support for the LGBTQ+ community and engage in expressive activities on their private property.

"Acts of hate, intolerance, and discrimination, like those alleged in this case, have no place in New Hampshire. They undermine the basic rights of individuals to express themselves freely. Protecting the right to peacefully express beliefs, without fear of targeted harassment or intimidation, is essential for fostering a safe and welcoming state,” said Attorney General Formella.

Each violation of the Civil Rights Act allows for a maximum civil penalty of $5,000. Violations of the Civil Rights Act also empower the court to restrain the defendant from committing future violations of the Civil Rights Act and other hate-motivated conduct for three years. With its complaint, the Civil Rights Unit has asked the court to implement a preliminary restraining order to protect the victims and the public from Mr. Anderson.

The complaints and the allegations contained therein are merely accusations that the Civil Rights Unit must prove at a final hearing. 

The Civil Rights Unit enforces state civil rights laws, including the Civil Rights Act and the New Hampshire Law Against Discrimination. Anyone who believes their civil rights have been violated may file a complaint at https://www.doj.nh.gov/bureaus/civil-rights-unit or by calling 603-271-3650.

• complaint-under-the-nh-civil-rights-act.pdf
• motion-for-preliminary-injunction.pdf
• memorandum-in-support-of-preliminary-injunction.pdf