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Ex. DUT-NM-014 Standing duty Primary source read

Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020)

Memorandum opinion denying a preliminary injunction against the Secretary of Health's public health orders and holding the orders neutral and generally applicable

United States District Court for the District of New Mexico (Browning, J.) · New Mexico (federal district court) (Court)

The COVID Project

The record

Jurisdiction
New Mexico (federal district court) · New Mexico
Level
Court
Authority
28 U.S.C. § 1331; First Amendment; Public Health Act; PHERA
Issued
2020-07-13 July 13, 2020
Effective
2020-07-13
End
standing (affirmed in relevant part, 10th Cir. 2021, not verified here) (read as 2021-09-30)
In force
Standing since July 13, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capEvents and venues
Addressees
  • persons generally; houses of worship; every entity holding gatherings
Character
adjudication
Collection
Standing duties: New Mexico DUT-NM

Operative words

The Court concludes that: (i) Legacy Church is not substantially likely to succeed on the merits of its claim that the Public Health Orders violate Legacy Church's Free Exercise rights, because the Public Health Orders are neutral with respect to religion and generally applicable.

Penalty

As recited in the orders: §§ 24-1-21, 12-10A-19

What it required

Treated the April, May and July 2020 public health orders as generally applicable law binding every gathering and business in the State, declined to enjoin them, and recorded (at Doc. 80, p. 47 of the transcript discussion) the State's enforcement posture toward entities 'violating a Public Health Order.' Character as recorded: adjudication (orders upheld).

Retrieval note

268-page opinion from the GovInfo United States Courts Opinions collection; 'Case 1:20-cv-00327-JB-SCY Document 80 Filed 07/13/20.' The opinion is cited for its treatment of the public health orders as binding, generally applicable law; the Tenth Circuit's later disposition is not part of this record.