New Mexico restaurants to stay closed as state Supreme Court overrules lower court judge

UPDATE: The state Supreme Court late Monday afternoon granted Gov. Michelle Lujan Grisham’s emergency request to stay an order issued by a judge in Carlsbad earlier Monday that would have temporarily permitted indoor dining at restaurants in New Mexico despite the state’s emergency public health order.

“I am grateful for the court’s quick action,” said Gov. Lujan Grisham.

ORIGINAL REPORT: CARLSBAD, New Mexico -- A New Mexico judge ruled Monday that restaurants and breweries in the state can reopen indoor dining at 50% capacity, granting a 10-day injunction and scheduling a July 30 hearing to determine what happens going forward.

However, Gov. Michelle Lujan Grisham's office called it a "bad ruling" and said it would immediately appeal the decision to the New Mexico Supreme Court.

The temporary restraining order was granted by Judge Raymond Romero of the Fifth Judicial District Court in Eddy and Chaves counties.

The injunction was granted at the request of the New Mexico Restaurant Association, which filed suit against Lujan Grisham seeking to overturn her administration's executive health order.

Judge Romero indicated that the governor and her staff never responded to the lawsuit.

The judge's ruling says that while restaurants can immediately reopen at 50% capacity, they need to follow other Covid-safe practices established by the state.

A spokesman with the governor's office gave ABC affiliate KOAT the following statement:

“The state will be filing an emergency motion in the state Supreme Court to retain the necessary public health safeguards enacted by the secretary of health. Sustained indoor contact in an environment where face coverings cannot be worn, such as at restaurants, is unsafe. A bad ruling by a judge doesn't change that. New Mexico business operators should continue to abide by the state's guidelines and restrictions; anything less is to risk the health and safety of employees, customers, their communities and indeed our entire state. The danger of Covid-19 transmission has risen and continues to rise -- increased cases, as we have seen, lead to increased hospitalizations and subsequently more Covid-related deaths. New Mexico cannot afford to let up in its fight against this virus.”

Below is a copy of the judge's ruling...