Serving the High Plains
Serving the High Plains
From staff report
A few hours after an Eddy County judge Monday morning issued a restraining order allowing restaurants and breweries to reopen, the state Supreme Court stepped in to disallow it.
The state's high court granted the governor's request for a stay of the order Monday afternoon, putting restaurants and breweries back to being open only for takeout orders or delivery and 50% capacity on patio seating.
Justices said both parties would need to submit their arguments next week.
An Eddy County judge Monday morning issued the temporary restraining order against Gov. Michelle Lujan Grisham's amended health order, which allowed restaurants and breweries to reopen to indoor dining at 50% capacity for 10 days.
Fifth District Court Judge Raymond Romero stated the state had not responded to the request by an 11 a.m. Monday deadline after the initial filing July 15. As a result, the health order briefly reverted to the previous version that allowed restaurants and breweries to partially open to indoor service.
The restraining order was issued against Gov. Michelle Lujan Grisham and Health Secretary Kathy Kunkel.
The New Mexico Restaurant Association, in addition to Outlaw Meats, F-2 Enterprises Inc., BNB Financial, Red River Brewing Co. and K-Bob's restaurants of Raton and Las Vegas, filed the request.
Romero also ordered an evidentiary hearing on the order at 1:30 p.m. July 30.
The governor's current public health order also expires July 30. After that date, Lujan Grisham can amend the order or declare a new one.
The governor tightened restrictions on restaurants and breweries in earlier this month in response to a surge of coronavirus cases in the state.
“I am grateful for the court’s quick action,” Lujan Grisham said. “Businesses all across New Mexico have been battered by the effects of this pandemic; they are owed consistency and fairness, which my administration has endeavored to provide at every opportunity. We will continue to provide that while taking every single possible action to protect the health and well-being of New Mexicans -- including workers and customers at our restaurants.”