LEBANON — City officials are trying to determine whether their plans to create a Diversity, Equity and Inclusion Commission could run afoul of a new state law that critics say limits discussions about systemic racism.
Gov. Chris Sununu last week signed into law a two-year budget that includes prohibitions on teaching children that they’re inferior, racist, sexist or oppressive by virtue of their race, gender or other characteristics.
His fellow Republicans have argued the so-called “divisive concepts” measure strengthens anti-discrimination laws, while Democrats say it could prevent implicit bias training and halt efforts to educate people about structural racism and sexism.
Lebanon officials say the new statute is confusing and it’s unclear whether discussions that could arise out of the city’s proposed commission could lead to sanctions.
“Everyone’s trying to understand how to interpret this thing,” City Manager Shaun Mulholland said of the law, which is modeled on language Republicans are pushing through the country. “It’s so vaguely written that it’s unclear how this thing is going to be interpreted.”
Mulholland said he’s sought advice from the New Hampshire Municipal Association and Primex, Lebanon’s insurer, but neither has formulated guidance for towns and cities.
However, he said, a legal review the city commissioned did raise questions about the law conflicting with possible conversations stemming from the proposed Diversity, Equity and Inclusion Commission.
Mulholland said he expects the review will be released before the City Council’s upcoming meeting on Wednesday.
The commission, which would be made up of two city councilors and seven members of the public, would make recommendations “to address diversity and equity issues, promote inclusion/diversity programs, and provide guidance to create a more accessible, safe, welcoming and inclusive government and community,” according to a proposal written by the city manager.
In a statement issued through the governor’s office, New Hampshire Attorney General John Formella said the state law doesn’t prohibit the creation of Lebanon’s commission or members from carrying out its duties and responsibilities.
Ahni Malachi, director of the New Hampshire Commission for Human Rights, also indicated earlier this week that the law shouldn’t place limits on discussions about race and sex.
“Despite some misinformation out there, the new language placed as a budget amendment does not place a limit on the important discussions to be had across the state, and this new language took out the phrase ‘divisive concepts’ as it worked its way through the legislative process,” she said while responding to the resignation of a majority of Sununu’s Advisory Council on Diversity and Inclusion.
Ten of the council’s 18 members signed a letter criticizing the budget provision, which they earlier said threatens to “censor New Hampshire schools, police and other government agencies from having important conversations about race, gender, sex and ability.”
Republican lawmakers who refused to clarify, before the measure headed to the governor’s desk, where and how it would apply are to blame for the confusion, said state Sen. Sue Prentiss, D-Lebanon.
Prentiss, a former Lebanon mayor, said she implored her Republican colleagues to better state the law’s impact but didn’t get a response.
“I think this could be a serious stumbling block to local efforts” to address racism and sexism, she said.
Regardless of the law’s impact, Lebanon’s leaders indicated Thursday that they’re intent on moving forward with the commission, saying it would play an important role in advancing discussions about equity and diversity.
City Councilor Karen Liot Hill said the group would identify disparities and recommend solutions, raise awareness and play host to difficult conversations.
Some of that work is already taking place in advocacy groups, she said, but it’s also important that the city play a role in helping to foster a better understanding of others.
“Sexism, racism and other kinds of discrimination are real and I don’t think we need to shy away from having those conversations,” Liot Hill said, adding that she thinks the “divisive concepts” law will ultimately be dismantled in a court challenge.
If approved, Lebanon’s Diversity, Equity and Inclusion Commission would closely resemble a group tackling similar issues in neighboring Hartford.
The Hartford Committee on Racial Equity and Inclusion, which reports to both the town and school district, has helped to implement anti-racism policies, made recommendations on school staffing and last month hosted the town’s first in-person Juneteenth celebration.
Allene Swienckowski, the Hartford committee’s chairwoman, said it attempts to bring people together to discuss diversity and learn how historic injustices affect those living today.
“Knowledge is power and if you don’t recognize where you have been, it’s almost impossible to figure out where you can go,” she said.
Tim Camerato can be reached at tcamerato@vnews.com or 603-727-3223.
