District Judge's ruling keeps state's mandatory auto inspections on hold for now

CONCORD - Executive Councilor John Stephen, R-Manchester, hailed a ruling by a U.S. District Court Judge who on Wednesday denied a motion to hold the State in contempt of the preliminary injunction brought by Gordon-Darby, the company that previously oversaw New Hampshire's auto inspections program.

"Today's ruling is a clear vindication of the Executive Council's constitutional authority over state contracts," Stephen said in a press release. "The court found that the Commissioners 'cannot be faulted for the Executive Council's decision' to deny the extension of Gordon-Darby's contract on February 4, and the court expressly declined to address Gordon-Darby's argument that the State should have been forced to reinstate their contract without Council approval or bypass competitive bidding altogether. The Council's 3-2 vote was a lawful exercise of our Part II, Article 46 authority, and this decision of the federal court has now confirmed it."

"The State has issued a competitive RFP, the Council will review any contract that comes out of it on the merits, and the Attorney General continues to defend New Hampshire's sovereign authority on appeal before the First Circuit," Stephen added. "What today's ruling makes clear is that no state agency or contractor dictates the actions of the Executive Council in New Hampshire. It is the New Hampshire Constitution that dictates such action, and that is exactly how our system is designed to work."

"I also want to thank Attorney General John Formella personally, and the attorneys in his office, for their continued work defending the State of New Hampshire and the Executive Council throughout this litigation."

The ruling means that as of today New Hampshire residents are still not required to get an inspection.