A judge refused to dismiss a discrimination case against a Neo-Nazi group that protested outside of a drag queen story hour in downtown Concord last year. 

The protest outside the Teatotaller cafe and bakery in June, 2023, included men wearing masks and holding a banner that read “Defend white communities.” They said the story hour would “groom” young children and shouted slurs at people walking in and out of the cafe. Teatotaller displays a review on its website that proclaims the cafe is a “queer, hipster oasis of tea, coffee, and pastry goodness.”

Attorney General John Formella’s Civil Rights Unit is prosecuting the Nationalist Social Club-131, its founder and 19 other men under the New Hampshire Law Against Discrimination and alleges that the group tried to coerce Teatotaller to cancel the event because of the sex, sexual identity or gender identity of the drag queen who performed there.

After Merrimack County Superior Court Judge John Kissinger’s denial of the group’s motion to dismiss, Formella’s office said it’ll keep pursuing the case.

“Today’s ruling reinforces our commitment to uphold the rule of law and protect all New Hampshire residents from unlawful discrimination,” Formella said in a statement. “Our office will continue to pursue justice in this case and work to ensure that New Hampshire remains free and welcoming for people of all beliefs and backgrounds.”

The defendants had sought to dismiss the case partly on the grounds that the application of the anti-discrimination law was a violation of their First Amendment right to assemble and protest. Justice John Kissinger wrote in the order that the defendants “are not entitled” to free speech protections because the state has a “compelling governmental interest in making discriminatory practices unlawful.”

Kissinger’s order also said the group attempted to intimidate Teatotaller staff and customers and entice the drag queen to come outside. The group of 20 men held a banner that read “Defend White Communities” and showed several logos, such as a crossed-out pride rainbow.

Charlotte Matherly is the statehouse reporter for the Concord Monitor and Monadnock Ledger-Transcript in partnership with Report for America. Follow her on X at @charmatherly, or send her an email at cmatherly@cmonitor.com.