Serving the High Plains
Serving the High Plains
New Mexico’s governor said last week the state's mask mandate would be more aggressively enforced with fines of $100 and possibly jail time to blunt the spread of coronavirus.
However, law enforcement agencies in Tucumcari, Logan and Quay County said they wouldn’t enforce it because they lack jurisdiction. They said state police would have to enforce the edict.
People in New Mexico now must wear facial coverings in public places or face a possible fine. Businesses also are required to have all customers wear masks when they enter.
Gov. Michelle Lujan Grisham’s order remains in effect through July 15 with the hope New Mexico can stabilize its rising coronavirus caseload at that time.
The mask mandate remains a hot topic in the region. A Quay County Sun story last week about the governor’s announcement of tougher measures drew nearly 200 comments on Facebook.
The Logan Police Department announced Thursday in a now-deleted Facebook post it would not enforce the mask mandate because it does not have the jurisdiction.
Logan Police Chief Rodney Paris said he deleted the post later that night because of “bickering” and profanity, plus “making issues out of things that weren’t an issue.”
Paris said the gist of the Facebook post remains correct, however.
“It’s not about protests against the governor; it’s not about a stand against masks,” Paris said in a phone interview Friday. “It’s simply that we don’t have the authority, the jurisdiction to enforce that. If we’re provided something different from the governor’s office or legal means, we’ll relook at it at that time.
“I know the governor said in a news release that everybody has jurisdiction. I know most municipal agencies are trying to find out where we have that jurisdiction. The only jurisdictions I know that are enforcing it are where the municipality has an ordinance to do so.”
Paris said few cities in New Mexico have such an ordinance.
Paris said his police force also doesn’t have manpower for mask enforcement efforts.
“We only have four officers, including myself,” he said. “If we chased people not wearing masks, we couldn’t worry about other things we need to do, as well, to keep people safe. Do we not look for a drunk driver so we can tell somebody to put on a mask? Our resources haven’t expanded with COVID-19. We only can do what we can do.”
Tucumcari Police Chief David Lathrom also said his officers lack jurisdiction to enforce the mask mandate.
“What the governor has issued is a civil order, and the police department doesn’t enforce that,” he said about the mask mandate in a phone interview Saturday. “We don’t enforce civil orders.”
The Quay County Sheriff’s Office posted a similar statement about jurisdiction Thursday on Facebook.
“… It is not an effort to defy the order of the Governor of NM or anyone else,” it stated. “It is because the Quay County Sheriff's Office does not have the jurisdiction to enforce this order. We do ask everyone to social distance, be courteous and have respect for one another. We also ask everyone to understand this pandemic is not going to go away any time soon. We must all work together to protect one another until this passes.”
The statement asked people to direct questions about the mandate to the New Mexico Department of Health.
New Mexico State Police issued a statement about the mask mandate Friday night.
“New Mexico State Police will continue to respond, investigate and potentially cite citizens or businesses who refuse to comply with the amended Emergency Public Health Order,” it stated.
“Officers will issue a citation to individuals who intentionally disregard the Public Health Order face covering requirements under Public Health Act (contrary to NMSA 24-1-1 a petty misdemeanor). The violation could carry a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months. Citations can be issued by all state and local law enforcement agencies in accordance with Section 12-10-10.”
State police did not comment when asked in an email about jurisdictional issues regarding law enforcement agencies in Quay County.
Exemptions to the mask rule include when people are exercising, drinking, eating or have health problems that prevent the wearing of one.
Human Services Secretary David Scrase said last week a new study indicates facial coverings reduce the wearer's risk of COVID-19 infection in addition to reducing the chance of infecting others. New Mexico imposed a mask mandate in mid-May but did not impose enforcement measures until last week.
Lujan Grisham said during a briefing last week that state police would remind people who aren't wearing masks to put them on. She also said she would ask local law enforcement to help with compliance.
The governor said little evidence exists that recent police-brutality protests across the country have led to an increase in COVID-19. She said from what she's seen and heard, residents had grown lax or resistant to wearing masks, or tourists weren't wearing them because they weren't required in their home states.
Lujan Grisham said if the number of coronavirus cases doesn't stabilize or decrease this week or next, she said she would revisit possibly reimposing restrictions on restaurants, breweries and gymnasiums and additional occupancy limits on retailers and churches.
She said the state was “at grave risk” of seeing tougher restrictions imposed much like Texas and Arizona have in recent days. She also said a planned reopening of public schools in August also was in jeopardy because of a rise in cases.
She urged New Mexicans to refrain from travel and avoid parties or gatherings to reduce the possibility of the virus spreading.
She urged residents to be more vigilant in efforts to slow the spread of the virus.
“We have time,” she said. “But we have to do it now. The trend lines in our state are endangering lives and livelihoods.”
