Enchantment State News

Oral arguments before New Mexico Supreme Court justices in the case questioning New Mexico Gov. Michelle Lujan Grisham’s authority in issuing a COVID-19 public health order to prohibit restaurants from offering indoor dining will be live streamed at 1:30 p.m. Wednesday, Aug. 26.

Lujan Grisham v. Romero (No. S-1-SC-38396) concerns New Mexico’s “authority to restrict or close restaurants and businesses during a public health emergency,” according to the New Mexico Courts website.

The livestream will be on the YouTube page of New Mexico PBS, according to the New Mexico Courts website.

“New Mexico Supreme Court justices will take up the question of whether Gov. Michelle Lujan Grisham and administration officials can prohibit indoor dining at restaurants through a public health order, or if the prohibition enacted last month was impulsive and without basis,” according to Albuquerque Business First.

“At issue is a July 13 amended state public health order. Citing an increase of COVID-19 cases in New Mexico, state health officials re-implemented a ban on indoor dining. Restaurants and other food-service businesses were allowed to continue to operate patio or outdoor dining at 50% capacity," the website stated.

A temporary restraining order on the public health order was granted on July 20 by New Mexico District Court Judge Raymond Romero in the lawsuit filed by the several businesses and the New Mexico Restaurant Association against Grisham and Kathyleen Kunkel, secretary of the New Mexico Department of Health, said the House GOP.

Grisham was “temporarily restricted from enforcing restaurant closures and fines,” said the House GOP.

“But the state quickly sought an emergency order with the state's high court to maintain the restrictions, which was granted hours later,” according to Albuquerque Business First.

Since March 11, New Mexico has had an emergency health order that’s been amended several times, according to Albuquerque Business First.

An extended emergency public health order issued on July 30 is effective through Friday, Aug. 28, according to the Office of Gov. Michelle Lujan Grisham.