SANTA FE — The New Mexico state Supreme Court is weighing whether the governor has the authority to levy hefty fines against businesses as she enforces a public health order to slow the spread of COVID-19.
Oral arguments were scheduled for Tuesday in the case pitting Democratic Gov. Michelle Lujan Grisham against business owners who have resisted recent health orders spurred by the pandemic.
The governor was an early adopter of hard-line health orders that still prohibit indoor restaurant service, required face masks, ban public gatherings of more than four people and suspend classroom attendance at public schools.
The original lawsuit alleges that violations can be sanctioned with a fine of up to $100 and up to six months in jail.
Plaintiffs say the administration has overstepped its authority by invoking fines of thousands of dollars per day against businesses that flout New Mexico’s stay-at-home order. They also describe the health orders as arbitrary and irrational.
The governor’s office says the outcomes of recent litigation in Illinois, Colorado, New York and California support its position that enforcement of an emergency health order does not constitute a government taking.
