Part II, Article 8 of the New Hampshire Constitution states:
The doors of the galleries, of each house of the legislature, shall be kept open to all persons who behave decently, except when the welfare of the state, in the opinion of either branch, shall require secrecy.
As the House debated its budget bill, HB1, Thursday morning, demonstrators chanted from the gallery, "Shame on you! Shame on you!", prompting House Speaker William O'Brien to call a recess and close the gallery. The demonstration in Representatives Hall was part of a larger rally that filled the State House square for much of the day. Once the gallery was cleared and the House debate resumed, O'Brien apparently ordered that the gallery remain closed to the public. Asked what he thought while watching house gallery being cleared Speaker O'Brien said "I think thugs will not rule New Hampshire, that's what I think."
Two former state senators, Maggie Hassan and Bette Lasky, were among many who arrived after the the gallery had been cleared and weren't allowed in by a state trooper posted at the door.
NH House Speaker (R) closes State House gallery to the public
Former State Senator confirms that the State House Gallery is closed.
Hassan and Lasky immediately filed suit in Merrimack Superior Court. According to their attorney, Paul Twomey:
This is a clear violation of the people's right to watch over their government when it is enacting laws that affect their lives. There had apparently been a disturbance in the gallery earlier that made the speaker feel he needed to empty the gallery. However, it should have been reopened to the public. It appears the intent of the speaker was to prevent the public from accessing the Statehouse throughout the entire session.
After the court hearing, when the public was allowed back in, they were able to hear Democrats make a last-ditch effort to defeat the budget bill. The budget bill passed the Republican-controlled House with a vote of 243-124.
Despite receiving assurances from the state Attorney General that the gallery would not be closed in the future, Twomey went on to say . . . . and here is the money quote: [emphasis mine]
We want to make it clear that barring the public from the people's house is not acceptable. There is also a significant, unresolved question as to whether the passage of the budget act is valid, given the public was denied access to the proceedings.
Although a constitutional challenge nullifying HB1 due to the exclusion of the public from the proceedings hasn't been filed as yet, I'm pretty sure that Speaker O'Brien hasn't heard his last from the 'thugs' ruling New Hampshire; its citizens.