Judge issues restraining order on health order

An Eddy County judge late Monday morning issued a restraining order against the New Mexico governor's amended health order, allowing restaurants and breweries to reopen to indoor dining at 50% capacity for 10 days.

Fifth District Court Judge Raymond Romero stated in his order 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 reverted to the previous version that allowed restaurants and breweries to be partially open to indoor service.

Todd Duplantis, who owns two restaurants in Tucumcari and operates a third in Logan, said was happy to hear the news about the order but was tempered in his reaction.

“I don't want to get too excited about it, because it's only 10 days,” he said in a telephone interview. “I never thought this (virus) was a hoax. With this victory, I don't want to see the restaurants ignore everything we've been working on with the (safety) guidelines.”

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 early July in response to a surge of coronavirus cases in the state.