Petition of Stacey Perkins (New Hampshire Commission for Human Rights)

The petitioner, Stacey Perkins, filed a petition for writ of certiorari challenging the New Hampshire Commission for Human Rights’ (commission) dismissal of her discrimination complaint against the Londonderry Basketball Club on procedural grounds. See RSA 354-A:16, :17 (Supp. 2001). We affirm.

The relevant facts follow. In 1998, the petitioner was a ten-year-old fifth grader and a member of Seabrook’s co-ed recreational basketball team. In March 1998, she was one of two girls chosen to play on Seabrook’s all-star team. The tenth annual Londonderry boys’ basketball tournament, sponsored by the Londonderry Basketball Club (club), was among the tournaments that the team entered. Pursuant to its policy of offering "separate but equal" tournaments for boys and girls, the club notified Seabrook’s coach that it would not allow girls to play in the boys’ tournament.

While the tournament was taking place, the petitioner, through her mother, contacted the commission, hoping to obtain a temporary injunction to force the club to allow girls to play. During an informal conversation with the petitioner’s attorney, the commission’s then-executive director indicated that the commission could not move forward on the case because its rules required the attorney general’s office to seek temporary injunctive relief on the petitioner’s behalf, and the attorney general declined to do so. See N.H. Admin. Rules, Hum 213.01.

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Affirmed for Defendant.

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Unavailable

C.L.