NM Restaurant Association requests for Eddy Co. judge to rule on lawsuit over indoor dining | KOB 4
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NM Restaurant Association requests for Eddy Co. judge to rule on lawsuit over indoor dining

Brittany Costello
Updated: July 27, 2020 10:21 PM
Created: July 27, 2020 09:33 PM

ALBUQUERQUE, N.M.- In the ongoing battle over indoor dining, the New Mexico Restaurant Association (NMRA) and a District Court judge filed responses Monday to a lawsuit that is being heard at the New Mexico Supreme Court. 

The judge in Eddy County wants the New Mexico Supreme Court to move the case back to his courtroom so he can rule on it. The NMRA also wants the Eddy County judge to make the ruling. 

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The state has until Thursday to file its response. 

In the meantime, the NMRA is demanding the state provide data to back up its claim that indoor dining is leading to more COVID-19 cases.

"The data available to us is very limited. It's the rapid response data - through the environmental health department," said Antonia Roybal-Mack, who is representing the NMRA in the lawsuit against the state. "And what we're seeking to find is the complete data that led to the decision to close restaurants and not close other entities."

In total, the New Mexico restaurant association has filed two lawsuits against the state. One is requesting indoor dining be allowed. The other lawsuit asks for the state to provide the data that it used to ban indoor dining.

UNM law professor Joshua Kastenberg says there are a couple of likely outcomes for the lawsuit over indoor dining. He said the lawsuit could either be sent back to District Court or the New Mexico Supreme Court could issue a writ of supervisory control, which would mean the governor and Health Department have the authority to respond to a health crisis in the way they have.


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