Serving the High Plains
Serving the High Plains
The New Mexico Supreme Court last week ruled the governor is authorized to impose stiff fines for violations of the state’s public health order during the coronavirus pandemic.
The unanimous decision from the bench arrived Aug. 4 after about an hour of deliberation by the justices following 75 minutes of arguments and questioning of each sides’ lawyers in the court’s chambers in Santa Fe. The court consists of two elected Democrats, two justices appointed by a Democratic governor and one justice appointed by a Republican governor.
The decision fends off a legal challenge to the state’s enforcement power as it seeks to continue a ban on indoor dining at restaurants and impose other restrictions amid the COVID-19 pandemic that has killed more than 660 people.
In brief remarks while announcing the bench ruling, Chief Justice Michael Vigil said the New Mexico Legislature gave Gov. Michelle Lujan Grisham the authority to issue fines of up to $5,000 a day for violating an emergency public health order.
In a written decision issued later that day by the court, Vigil stated the justices concluded “the New Mexico Legislature has clearly given the Governor of New Mexico authority to issue civil administrative penalties under the Public Health Emergency Response Act for violations of restrictions on mass gatherings and business operations contains in emergency public health orders.”
The court also rejected an argument the state owes businesses money for the time they were shut down.
The decision set aside a May lawsuit filed in Clovis. Interested parties in the case included Sid Strebeck of K-Bob’s Steakhouse in Clovis, along with the owners of an outdoor market in Socorro, an auto sales lot and fitness center in Lovington, restaurants in Maxwell and Albuquerque and a massage clinic in Hobbs.
Matt Garcia, speaking on a behalf of the governor and other state officials, argued the laws regarding health orders contain “broad language” to give officials flexibility and authority to deal with varying emergencies.
Garcia argued the health order contains a graduated system of compliance, and the stiffest fines were imposed only on the “most egregious” offenders. He said only 16 businesses have been given the $5,000 fines for violating the order.
“What we’re trying to do is get immediate compliance” during a pandemic, Garcia said of the higher fines.
Lawyer Carter Harrison IV, speaking on behalf of the businesses, said the governor exceeded her authority with the $5,000-a-day fines and insisted she was limited to $100 citations.
Harrison argued the health order is “stopgap” during an epidemic and that the New Mexico Legislature remained the ultimate authority on regulating businesses. He argued for the need “to strike a balance” and “a proportionate response” between public health and the law.
New Mexico House Minority Leader Jim Townsend, R-Artesia, criticized the high court’s decision.
“With today’s ruling, the Supreme Court has effectively undermined the Legislature’s authority,” he stated. “The court has just given the Governor unfettered power to create law during a health crisis. Nowhere in the statute does is say the Governor can fine businesses $5,000 a day for staying open during a public health emergency, yet the court disagreed. The people of New Mexico should be very worried by what transpired today.”
The state’s high court also is expected to hear another case soon related to restaurants and the indoor dining ban.
