Enchantment State News

In a three-page letter to Gov. Michele Lujan Grisham, House Republicans take the governor to task for an emergency response they say violates the Public Health Emergency Response Act's (PHERA) mandate to preserve civil liberties.

"We are writing to you today about a situation that is increasingly unjust, unfair and inequitable – the trampling of New Mexicans' civil rights and livelihoods," the letter states.

The letter came just before the governor announced an extension of the state's stay-in-place order until May 15.

House Republicans cite the purpose of PHERA in the letter, which states it is to "provide the State of New Mexico with the ability to manage public health emergencies in a manner that protects civil rights and the liberties of individual persons." 

House Republicans are calling on Lujan Grisham to uphold the law and work with them to create a plan that will allow areas in the state to begin to safely reopen. 

In the letter, they said that the governor has threatened two types of fines. 

"You have threatened fines of up to $5,000 per day for multiple violations of the Public Health Act," the letter states. "The $5,000 fines only apply to violations of the Public Health Emergency Response Act. This act has nothing to do with business closures or mass gatherings and the penalties in one act cannot be applied to a violation of the other."

It isn't right to penalize someone for breaking one act with penalties that come from another act, they said, especially when it is a business being penalized and the acts have nothing to do with businesses during the pandemic. 

Small businesses in the state are also at a breaking point from the forced closures. 

Many small businesses have contacted House Republicans about breaking points, many of which have gone out of business due to New Mexico's shutdown. 

The shutdown and breaking points have brought about numerous devastating side effects as well. 

"Domestic violence is on the rise," the letter states. "Snowballing suicide, drug abuse and alcohol abuse will increasingly manifest themselves. The unseen victims of the coronavirus outbreak are suffering more with each passing day."

The House Republicans also pointed out the fairness of allowing large, chain stores to remain open, but smaller local businesses must remain closed. New Mexico small businesses are being forced to remain shut even though larger chain stores can stay open. 

They also pointed out the fairness of some patients being denied medical procedures, saying it wasn't fair to deny screenings and short-stay surgeries to other patients in an effort to keep hospital beds empty. Many screenings and surgeries have been denied that hospitals now do not have the funds to keep all medical staff employed. 

The equity of higher income professions versus low-income professions was also questioned in the letter to the governor. 

"Is it equitable that government, university and other higher-income salaried professionals continue to receive their paychecks and benefits while the poorest among us are unable to earn a living?" the letter states. 

Many local governments and officials are stressed and frustrated with the governor's "one size fits all" plan, when it in fact doesn't, the letter states. Many cities and counties have few and limited coronavirus cases and believe it to be safe to begin reopening businesses in a smart and safe way. 

House Republicans continue to call upon the governor to change her method of doing things amid the pandemic and work with local officials to reopen areas that can be reopened. 

"We can and want to work together with you in bipartisan fashion on this, but this is running out," the letter states. "We respectfully request a meeting of the minds, using all appropriate social distancing protocols, as soon as possible."