2nd lawsuit filed by NMRA aims to reveal state's decision-making for closing indoor dining

Less than 24 hours later, the governor’s office requested a writ of supervisory control or a "Stay of Temporary Restraining Order" to the New Mexico Supreme Court to block the lower court’s decision.

Now, a second lawsuit filed by NMRA wants to see the state back up their claim that their decision-making is driven by data. NMRA wants the public records made available showing their rationale for closing indoor dining. This includes how contract tracing data is being used.

"The data available to us is very limited. It's the rapid response data through the Environmental Health Department, and what we're seeking to find is the complete data that led to the decision to close restaurants and not close other entities,” said Antonia Roybal-Mack, an attorney representing NMRA.

Some restaurant owners are not as concerned to reopen their dining rooms.

Dan Garcia, owner of Garcia’s Kitchen, said even if the state allows it they’d rather take the safe approach and stick to the patio for now.

"As far as data, I don't know what they're basing it off of. I mean, that remains to be seen, but you know there could be some truth, but maybe it's not all truth—It's hard to say,” Garcia said.

The lawsuit has been forwarded to a judge. The attorney for NMRA said she hopes it will move quickly as restaurants are hurting during the shutdown.

As for the legal fight to reopening dining rooms, the New Mexico Supreme Court has deadlines set to get responses from both sides this coming week.