Enchantment State News

After a group of businesses challenged the authority of New Mexico's Democratic Gov. Michelle Lujan Grisham to assess civil penalties against them, the New Mexico Supreme Court ruled in favor of the governor earlier this month, allowing her to fine businesses up to $5,000 for COVID-19 public health violations.

“It's become very contentious, and the governor has set up what we call snitch lines,” New Mexico Business Coalition (NMBC) President Carla Sonntag told the Enchantment State News. “If you see somebody without a mask, there's a number to call. If you're an employee and your employer didn't give you a mask or you don't feel that they're following all the governor's mandates, there's a number to call to turn them in. The police will come and she's deputized other government people to also be enforcers to come to businesses.”

The NMBC filed an amicus brief in support of the business owners, alleging that Lujan Grisham’s orders are overreaching, vague and ambiguous.

NMBC President Carla Sonntag | File photo

“One must question whether the closure of some businesses designated non-essential is the least restrictive means necessary to protect against the spread of COVID-19,” wrote NMBC attorney Pat Rogers in the amicus brief. “When other businesses are permitted to continue with their operations, the petition fails to explain why closing so many businesses fully capable of adopting all of the same health protocols imposed on businesses that were not ordered closed, constitutes a least restrictive means.”

The New Mexico high court, however, didn’t allow NMBC to argue its point of view.

“They accepted the brief but they didn't allow oral argument on it,” Sonntag said. “The only question answered by the Supreme Court was whether the governor has the authority to issue those fines, but that was not even an issue for us. We never disagreed with that. We were interested in how much she is allowed to fine businesses.”

On Aug. 4, after the Supreme Court issued its decision, Grisham tweeted a brief statement.

“The state shouldn't have to fine anybody,” she wrote. “Doing the right thing in a crisis shouldn’t be something we have to argue about. But anyone endangering the lives of New Mexicans will face the consequences. My thanks to everyone doing their part every day.”

The New Mexico Department of Public Health had reported 23,500 coronavirus cases in the state and 718 deaths as of Aug. 17

“We are ordered to stay home and she is tracking cell phones to find out if people are staying home,” said Sonntag. "It's mandatory that we wear a mask whenever we leave our home, even if you're walking when there is no one around, you're supposed to have a mask on. If you're exercising, riding a bike or jogging with no people around, wear a mask. That’s been difficult but those are the rules, and they are issuing fines and citations to people to appear in court if they are seen without a mask.”