State Supreme Court sides with governor, rules she had authority to ban indoor dining | KOB 4

State Supreme Court sides with governor, rules she had authority to ban indoor dining

KOB 4, The Associated Press
Updated: August 26, 2020 05:17 PM
Created: August 26, 2020 03:59 PM

SANTA FE, N.M. — The New Mexico Supreme Court ruled against the New Mexico Restaurant Association, who had sued the state over an indoor dining ban. 

Gov. Michelle Lujan Grisham had reinstated the ban in mid-July after COVID-19 cases began to rise following a June reopening.


Attorneys for the restaurant industry asserted that state health official were invoking science as the basis of the ban without sharing specific scientific findings or deliberations.

In support of the restriction, health officials cited medical journals, outbreaks traced to restaurants by the Centers for Disease Control and Prevention and local infections that trigger “rapid response” testing and contact tracing in New Mexico. Restaurants and health care facilities have routinely had more outbreak responses than other sectors of the New Mexico economy.

The court ruled that the governor had the authority to ban indoor dining. 

Prior to the decision, the governor announced indoor dining restrictions would be eased. Starting Saturday, food and drink establishments can operate indoor dining at 25% capacity.

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