The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- Court
- Authority
- Original jurisdiction; Public Health Act § 24-1-3(E); Public Health Emergency Response Act; Department of Health Act § 9-7-6(B)(5)
- Issued
- 2021-02-15 Feb. 15, 2021
- Effective
- 2021-02-15
- End
- standing precedent (read as 2021-09-30)
- In force
- Standing since Feb. 15, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitStanding duty
- Addressees
- businesses generally; restaurants and breweries in particular
- Character
- adjudication
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
we answer two questions: (1) whether Petitioners are authorized to restrict or close businesses when necessary for the protection of public health and (2) whether the renewed temporary closure of indoor dining... was arbitrary and capricious. With respect to the first question we hold... that Petitioners are so authorized.
Penalty
Enforcement under §§ 24-1-21 and 12-10A-19 as held in Grisham v. Reeb (Ex. DUT-NM-012)
What it required
Settled that the Public Health Act's grant of authority to 'close any public place and forbid gatherings of people when necessary for the protection of the public health' (§ 24-1-3(E)) is exercisable by the Secretary's orders without further rulemaking, that the principle the statute conveys is 'flexibility, discretion, and prompt action' (¶ 38), and that the indoor-dining closure of July 13, 2020 (Ex. NM-026) had a real relation to reducing transmission (¶¶ 43-44). Character as recorded: adjudication (orders upheld).
Retrieval noteOfficial slip opinion from NMOneSource; Opinion Number 2021-NMSC-009, Filing Date February 15, 2021. Eddy County and the restaurant respondents argued that § 24-1-3(E) was 'non-self-executing'; the Court rejected the argument (¶¶ 26-27).