Franklin Lodge of Elks v. Marcoux

The petitioner, the Franklin Lodge of Elks (Lodge), appeals an order of the Trial Court (Manias, J.) granting the respondents’ motion to dismiss for lack of subject matter jurisdiction. We reverse and remand.

The relevant facts follow. The respondents, Sally Marcoux, Terry Bergeron-Hoyt, Renee LaBonte and Jo-Ann LaBonte, successfully argued to the New Hampshire Human Rights Commission (commission) that the Lodge was a place of public accommodation and they were entitled to relief pursuant to RSA chapter 354-A because the Lodge denied them admission based upon their gender. After a hearing, the…