Serving the High Plains
Serving the High Plains
The New Mexico Supreme Court on Wednesday afternoon unanimously rejected a temporary restraining order from an Eddy County judge that sought to stop enforcement of the state’s indoor-dining ban for restaurants during the COVID-19 pandemic.
Justices deliberated for less than an hour before issuing the ruling from the bench. Three Democratic justices joined with the lone Republican and presiding justice, Judith Nakamura, on the decision. Justice Michael Vigil, a Democrat, recused himself from the case.
The high court primarily ruled on similar grounds from another coronavirus-related case just three weeks ago — that the New Mexico Legislature gave the Department of Health and other officials statutory authority to ban indoor dining at restaurants during public emergencies.
Nakamura said the court rejected arguments by the petitioner’s lawyer, Angel Artuso, that the state’s decision to ban indoor dining was arbitrary and capricious. She said the justices found “unpersuasive” Artuso’s argument that a quarantine against those restaurants violated the U.S. Constitution’s equal-protection clause.
Nakamura said the high court would direct Eddy County District Judge Raymond Romero to vacate his July 20 temporary restraining order and dismiss the application for a preliminary and permanent injunction against the state. The Supreme Court issued a stay of the restraining order a few hours after it was issued.
Gov. Michelle Lujan Grisham announced earlier Wednesday she would ease restrictions on restaurants effective Saturday, allowing indoor dining at 25% capacity. Justices asked whether the petition was moot in light of that action. Artuso responded the governor could re-impose new restrictions on eating establishments in the weeks ahead.
The New Mexico Restaurant Association and seven restaurants requested the injunction. They stated in initial court filings the state’s restrictions had cost tens of thousands of jobs and closed more than 200 restaurants.
The state said indoor dining at restaurants contributed to a steep rise in COVID-19 cases in July, including about 15% of rapid responses to outbreaks in that sector. The disease has killed more than 750 people in New Mexico.