By NANCY WEST, InDepthNH.org
The company suing the state for ending its auto inspection program has filed a motion asking the federal judge who ordered the defendants to immediately restart inspections to hold them in contempt and fined for not doing so.
On Friday, Gordon-Darby Holdings, Inc. asked U.S. District Court Judge Landya McCafferty to hold the commissioners of the Department of Safety, Robert Quinn, and Department of Environmental Services, Robert Scott, to show cause why they shouldn’t be held in contempt of court.
Gordon-Darby, which had the contract to run the inspection program from its inception until the state repealed the law effective Jan. 31, 2026, said the defendants are currently in violation of her Jan. 27 preliminary injunction requiring them to continue implementing and enforcing the state’s federally
mandated annual motor vehicle inspection and maintenance program.
“Gordon-Darby respectfully requests that the Court adjudge Defendants to be in contempt and
impose such civil sanctions as are necessary to bring them into compliance with the Injunction,” the motion states.
“Over six weeks have passed since this Court ordered Defendants to ‘resume and ensure the
continued implementation and enforcement of the State of New Hampshire’s vehicle inspection
and maintenance program,’” the motion states.
Attorney General John Formella’s spokesman Mike Garrity emailed the following response: “We strongly disagree with the allegations in the motion. At this time, we are reviewing the filing and will respond in court as appropriate. The State’s February 13 guidance remains in effect until further notice.”
The guidance says the inspection program is suspended until further notice, but also says, “Drivers are still responsible under current law to ensure that any vehicle driven in New Hampshire is safe to operate, regardless of the status of the inspection program.”
House Majority Leader Jason Osborne, R-Auburn, said in a news release: “Our state made a policy decision to end mandatory vehicle inspections. Well within our rights as part of the contractual agreement. We held up our end of the bargain we had with our vendors and ended everything lawfully. However, that same foreign corporate vendor wants to force taxpayers to fund their frivolous lawsuit, just because they don’t like the reality of the situation. Seeing how they’re acting, it’s apparent that other states should join us in kicking Gordon Darby to the curb.”
“You can fine us and hold us in contempt, but it does not change the truth. Vehicle Inspections are dead in New Hampshire. We will not comply and we will not go back. So, with all due respect, we’ve had enough of this G(ordon) D(arby) nonsense,” Osborne said.
Gordon-Darby asked the court to include the following sanctions: “(1) a series of escalating fines to be imposed if Defendants do not resume full implementation and enforcement of the program by a date set by the Court; and (2) reimbursement of Gordon-Darby’s costs and attorneys’ fees incurred in securing Defendants’ compliance with the Injunction.”