Are funerals allowed? State of New Mexico cites Las Cruces funeral home for ‘mass gathering’

LAS CRUCES, New Mexico - The general manager of a Las Cruces funeral home told ABC-7 he was taken by surprise after being cited by state police officers for holding a "mass gathering."

"We are all for following guidelines and following what's asked of us," said Chad Getz, the general manager for Getz Funeral Home. "Every funeral home in the state has been following the same practices we do."

On Friday at 10 a.m., the home scheduled a service for Tom Mobley, a well-known Las Cruces rancher who died from Covid-19 complications, according to his obituary.

"When a loved one passes away, their spouse lives that day every day for the rest of their lives," Getz said. "A funeral gives a centralized spot for people to come together and express their grief."

Thirteen hours prior to the service, Getz told ABC-7 state police officers arrived at his family's home to issue a cease-and-desist order.

"They had informed us that they had received a complaint from an elected official who was worried about a service for this gentleman," Getz said.

Because there was so little time before the funeral, Getz allowed the family to have the ceremony as planned. He required masks and social distancing, sanitizing the home before and after the public entered. He also told ABC-7 he canceled two funerals planned for the next two days.

Getz told ABC-7 he interpreted the public health order as allowing funerals under "houses of worship," which he believed included funeral homes.

"Funeral homes are not places of worship," wrote Tripp Stelnicki, a spokesman for the governor, when asked about the citation. "They never were."

The state allows funerals in houses of worship, such as churches and synagogues, at 40 percent capacity. However, Stelnicki told ABC-7 that holding them "is not necessarily a good idea."

By hosting the funeral, he said Getz was holding a "mass gathering event" and encouraging travel from El Paso.

"If he persists in presenting a public health menace to the city of Las Cruces and the region in spite of repeated warnings and clarifications he will be fined $5,000 per day in accordance with the penalties outlined in state law for violating the Department of Health's public health order," Stelnicki wrote.

"We don't mind doing what we're asked, we just ask that it goes across the board," Getz said. "I know that there's other places that have had services today that were not approached in any way."

The manager of La Paz-Graham's Funeral Home in west Las Cruces confirmed to ABC-7 that he had 35 to 50 visitors at a service on Friday, but that the home rotated visitors.

"We had people in groups of five that would come in, they would sign the book, they would get a prayer card, pay their respects, spend a few minutes in the chapel and then leave," said Jaime Aguilera, the manager of La Paz-Graham's Funeral Home

ABC-7 asked state police if any other funeral homes have been cited across Las Cruces. A spokesman said he would look into the inquiry.

Stelnicki said Getz Funeral Home may continue to operate with no more than five people in an enclosed space.

"A director is here to help you go through this process and make it as easy as possible within the laws and parameters," Getz said. "As long as we're given those, we can implement them."