Doña Ana County Commission calls on state to reopen businesses

This story was updated at 9:20 p.m.

LAS CRUCES - The Doña Ana County Commission approved a symbolic resolution calling on the state to reopen businesses deemed nonessential under public health guidelines meant to mitigate the extent of the novel coronavirus pandemic.

Currently, New Mexico's stay-at-home order, which closed nonessential businesses and limited gatherings to five people or less, will be in place until May 15. The governor has appointed an Economic Recovery Council to weigh how best to reopen the economy.

At its Tuesday meeting, the board of commissioners voted 4-1 to approve an amended resolution that calls for a reopening of nonessential businesses while emphasizing they adhere to public health guidelines, such as physical distancing, wearing protective gear and extensive sanitization efforts.

The resolution calls for a phased-in, data driven approach to the reopen that allows for looser restrictions in areas of the state with fewer cases. It also calls for "non-emergent yet necessary health care procedures" to be deemed essential, after many have been suspended.

District 3 Commissioner Shannon Reynolds voted no.

"A major portion of our county are elderly," Reynolds said. "And I think the onus is on all of us to make sure we protect them."

The resolution was brought by District 4 Commissioner Isabella Solis, who said she understood the health measures enacted by Gov. Michelle Lujan Grisham but sought a more concrete timeline for reopening businesses.

Solis said with thousands unemployed in New Mexico, small businesses are "on life support." She said the resolution called on the state to act before businesses are forced to close permanently.

Under the state health measures, supermarkets, hardware stores and big-box retail chains have been able to stay open, since they sell essential goods. But they have strict limits on how many customers are allowed inside at once.

Other essential businesses that can remain open include some health care services, emergency services, law enforcement, energy, construction, internet service, data centers, some manufacturing and care for the indigent, elderly and young children whose parents work.

The state Republican Party and some business owners have called on the governor in recent weeks to consider allowing nonessential businesses to resume operating but with guidelines in place to reduce the risk of coronavirus spread.

On Tuesday, all 24 New Mexico House Republican members delivered a letter to Lujan Grisham calling for local leaders to have more say in when they reopen.

The state has said it's still too early to reopen New Mexico businesses because to do so would increase the number of infections just as New Mexico has reportedly begun to flatten the curve of new cases.

"We actually have flattened the curve for the whole state of New Mexico," state Human Services Secretary David Scrase said at a news conference last week.

More:COVID-19 cases by ZIP code in Doña Ana County

While the resolution passed, the commission doesn't have any authority to reopen nonessential businesses. That's still up to the state.

Some members of the local business community spoke out in favor of the resolution, saying nonessential businesses are hurting due to the restrictions. Many showed up in person to deliver public comments, while an audience sat in chairs feet apart.

Marci Dickerson, who owns The Game Sports Bar and Grill on Espina Street, The Game II on Northrise Drive and a catering company, said both restaurants are doing less than 15 percent of the business they usually do. While she said she's kept her employees paid while most can't work, she's using borrowed money.

Dickerson said on June 1 she'll evaluate whether her businesses close for good.

Dickerson said small business owners were competent enough to adhere to health guidelines, as businesses deemed essential have done.

"We have got greater control over what goes on in our restaurant and in our world than any of the big box stores," she said.

Attendee Aaron Pierce, a 58-year-old from Las Cruces, echoed that sentiment.

"The way to prop people up is to let them work hard, go to their jobs, make a living, feel good about it, have pride and move forward," Pierce said. "I hope this county commission will understand that the small business community has much more ability to maintain (Centers for Disease Control and Prevention) guidelines than any large box (store) ever will."

Pierce said he owns a nonessential business but declined to identify the business. He expressed concern about potential backlash for his publicly stated views.

Chair Lynn Ellins of District 1 led a vote to amend the resolution, which also passed, that mentions the state should ensure it has adequate data, contact tracing and testing capacity before reopening businesses.

District 2 Commissioner Ramon Gonzalez expressed hesitation about an expedited reopening, even though he ended up voting in favor of the resolution.

He said he was concerned about business owners, employees and customers sticking to health guidelines as economic activity resumes.

“I’m just hoping people abide by those rules and regulations when they walk into that business,” Gonzalez said. “We need to abide by the rules if it’s going to work or not. It’s not that I’m against the Constitution, but we’re talking about life and death here.”

We want to hear from you:Tell us how you're adapting under coronavirus quarantine

Health order violation

County Manager Fernando Macias said while meeting agendas have said the public is encouraged to submit public comments via email and to watch the meetings live online, the county still allows a limited number of people to attend commission meetings.

While the state has restricted gatherings, Macias said the county believes the state Open Meetings Act still applies for those who want to participate in local government. The county has tried to structure meetings safely by spacing seats out six feet apart and encouraging, but not requiring, face coverings and gloves.

When asked if allowing the public to attend commission meetings violates state restrictions on gatherings, Macias said the Sun-News would have to ask the state.

It turns out the county was in violation.

On Tuesday evening, a spokesperson from Gov. Michelle Lujan Grisham's office said the county had violated the statewide order.

Michael McDevitt can be reached at 575-202-3205, mmcdevitt@lcsun-news.com or @MikeMcDTweets on Twitter.