Judge temporarily blocks Lujan Grisham's ban on indoor dining

ALBUQUERQUE - A state district judge has issued a restraining order temporarily barring Gov. Michelle Lujan Grisham and her administration from enforcing its ban on indoor dining at restaurants and breweries.

Judge Raymond L. Romero issued the temporary restraining order on Monday, noting that the state had failed to respond to the request for the order filed by several New Mexico businesses, including Outlaw Meats, LLC, K-Bobs of Raton and Las Vegas, Trinity Hotel and Red River Brewing Company.

For now, the judge’s order remains in effect until July 30, when a hearing in the case is scheduled. But the Governor’s Office said it would file an emergency motion asking the state Supreme Court to intervene.

“Sustained indoor contact in an environment where face-coverings cannot be worn, such as at restaurants, is unsafe,” said Trip Stelnicki, a spokesman for the governor. “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.”

Stelnicki said the danger of COVID-19 transmission has risen and continues to rise.

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“New Mexico cannot afford to let up in its fight against this virus,” he added in the statement.

In his order, Judge Romero said that restaurants and breweries would be required to adhere to health orders in effect before they were amended on July 13. Under the previous health order, Restaurants and breweries were allowed to provide dine-in service, though their occupancy was capped at 50%.

The New Mexico Restaurant Association and other eateries filed a lawsuit last week after Lujan Grisham once again banned indoor dining across the state amid a spike in COVID-19 cases. Restaurants were still allowed to operate outdoor dining at 50% capacity and to provide delivery and curbside service.

Carol Wight, chief executive officer of the Association said the organization was "cautiously optimistic" about the court's ruling and was planning to have an emergency meeting with members to discuss their next steps. 

"Our argument has always been that the governor was being arbitrary and capricious in her decision making," Wright said. "Our hope is that this will help her make more logical decisions. That is what we were looking for in this lawsuit."

Dale Balzano, owner of the Trinity Hotel and Restaurant in Carlsbad which stayed open in defiance of the July 13 order, said no evidence was presented that restaurants in particular were responsible for spreading the virus. 

He said if the order stands, the Trinity and hundreds more New Mexico restaurants would be forced to close permanently. 

"We know the virus is serious," Balzano said. "What we don't need to defeat the virus is to close the restaurants and put people out of work. That only makes everything worse. There's got to be a better way. 

"If people don't feel safe, they don't need to go into a restaurant. That's their choice."

Balzano said his business and others across the state were already following the health guidelines to stop the virus' spread such as frequent temperature checks for staff, requiring face masks and seating customers 6 feet apart while maintaining 50% capacity. 

"I hope the governor will take a look and open the restaurants. We're hoping she will reevaluate her decisions," he said. "At 50%, most restaurants are just barely getting by. We don't want to see any more have to close. 

"People need to work and support their families." 

Republican New Mexico lawmakers voiced their support of the restraining order, citing the economic harm the closure could cause on New Mexico restaurant industry and the entire state. 

“One person cannot make all the decisions for New Mexico, the Governor was elected to work for the people and unfortunately some of her decisions have really hurt New Mexicans,” said New Mexico Rep. Jim Townsend (R-54) of Artesia. 

“If the Governor and her staff had not made this political, I believe that our state would have continued to slow the spread as we were just a few weeks ago.”

State Rep. Zach Cook (R-56) of Ruidoso commended the court for providing relief to restaurants already struggling during the pandemic. 

“Fortunately, it looks like our liberties matter much more than any one politician’s mandates, the temporary restraining order issued today will no doubt give our restaurant employees a much needed sense of relief in the wake of their job uncertainty," he said. 

“While it is unfortunate that the virus is still prevalent, this temporary ruling is a win for each and every New Mexican’s constitutional rights.”

Read the temporary restraining order:

Adrian Hedden of the Carlsbad Current-Argus contributed to this report.