City extends mayor's indoor rec center closures, signals increased mask enforcement

Michael McDevitt
Las Cruces Sun-News

This story has been updated.

LAS CRUCES - City-run indoor recreation centers across Las Cruces will remain closed until at least Nov. 3 after the Las Cruces City Council voted to extend the mayor’s most recent emergency proclamation.

Mask enforcement by Las Cruces police is expected to ramp up significantly, city officials signaled, and the city hinted fines for violating the local mask mandate could go up.

Under a state public health order, face coverings are required in all public settings and private businesses.

The proclamation, signed Oct. 26 and effective Oct. 27, closed the facilities for at least a week. Mayor Ken Miyagishima said the closures can be reevaluated on Tuesday. The council's unanimous vote Friday extends the closures for four more days.

Las Cruces Mayor Ken Miyagishima speaks during a Memorial Day weekend ceremony Sunday, May 26, 2019, at St. Joseph's Cemetery.

The Las Cruces Regional Aquatic Center was excluded from the closures. The mayor said there haven't been any cases there.

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The proclamation also says there will greater enforcement of mask-wearing at the weekly Las Cruces Farmers and Crafts Market downtown, plus enforcement of the state's mask mandate in public outdoor spaces and inside private businesses.

The proclamation further says the city will allocate resources "that will facilitate safe compliance with the Governor's Executive Orders, the State of New Mexico Emergency Public Health Orders and the City of Las Cruces Emergency Proclamations."

The rest of the proclamation, aside from the facility closures, runs concurrent with the state's public health emergency unless the city council overturns it before that.

"It's really all about wearing a mask," Miyagishima said. He said the aim of the proclamation is to get local mask-wearing compliance to 100 percent. 

Miyagishima said he had discussions with officials from El Paso and Ciudad Juárez in crafting the proclamation.

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Doña Ana County remains a COVID-19 hotspot in New Mexico with the county seeing some of its highest daily case totals in the last several days.

Council members called for stronger mask enforcement, such as higher fines for violating the mandate and giving fines out more often in an attempt to ensure compliance.

District 3 Councilor Gabriel Vasquez said local police need to write more citations, not just give warnings, and the situation is dire.

"Let's maybe put some teeth on this," Vasquez said. "I think now is the time. It's out of control everywhere."

The mayor said he sees a curfew as a last resort but didn't rule it out. The current fine for a business violating the city's mask mandate is $100 per customer not complying, up to $500.

The city doesn't have an individual fine for public settings, but the state requirement applies. The only penalty is for individuals who violate a mask order inside City Hall and other city facilities, who could face a $500 fine and/or 90 days in jail.

The mayor suggested levying an individual fine of $250 against people who violate the mask mandate in public. It's unclear if fines would rise for local businesses. 

But Miyagishima told the Sun-News he'd rather not rely on fines to reach full compliance.

The city said in a news release it's possible it could provide all Las Cruces Utilities residential customers and people living in apartments with a free mask to promote their use. The mayor said it's a more proactive measure.

Since Oct. 23, retail businesses, restaurants and establishments which serve alcohol statewide have had to close to in-person business from 10 p.m. to 4 a.m. In nearby El Paso, surging cases and overwhelmed hospitals has led to a two-week shutdown of nonessential services and a 10 p.m. curfew for two weeks.

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District 4 Councilor Johana Bencomo said more serious enforcement measures are needed immediately.

"I don't think we have two weeks," Bencomo said.

City Manager Ifo Pili said he'd give direction to local police to "turn up the heat" on enforcement.

Miyagishima gained emergency powers in March which allow him to declare a citywide emergency in consultation with local emergency response officials. The state of emergency lasts for three days unless the city council votes to extend it.

The mayor has signed four previous emergency proclamations. One, in April, declared coronavirus a citywide emergency to more easily qualify for federal disaster aid reimbursements.

Michael McDevitt is a city and county government reporter for the Sun-News. He can be reached at 575-202-3205, mmcdevitt@lcsun-news.com or @MikeMcDTweets on Twitter.