{"id":"DUT-NM-013","kind":"duty","level":"court","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of New Mexico","authority":"Original jurisdiction; Public Health Act § 24-1-3(E); Public Health Emergency Response Act; Department of Health Act § 9-7-6(B)(5)","instrument":"Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021)","title":"Opinion holding that the Governor and Secretary of Health are authorized to restrict or close businesses when necessary for the protection of public health and that the July 13, 2020 closure of indoor dining was not arbitrary and capricious","dateIssued":"2021-02-15","effective":"2021-02-15","end":"standing precedent","startDate":"2021-02-15","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","CAP"],"addressees":["businesses generally; restaurants and breweries in particular"],"clause":"we answer two questions: (1) whether Petitioners are authorized to restrict or close businesses when necessary for the protection of public health and (2) whether the renewed temporary closure of indoor dining... was arbitrary and capricious. With respect to the first question we hold... that Petitioners are so authorized.","enforcement":"Enforcement under §§ 24-1-21 and 12-10A-19 as held in Grisham v. Reeb (Ex. DUT-NM-012)","functions":[],"notes":"Settled that the Public Health Act\u0027s grant of authority to \u0027close any public place and forbid gatherings of people when necessary for the protection of the public health\u0027 (§ 24-1-3(E)) is exercisable by the Secretary\u0027s orders without further rulemaking, that the principle the statute conveys is \u0027flexibility, discretion, and prompt action\u0027 (¶ 38), and that the indoor-dining closure of July 13, 2020 (Ex. NM-026) had a real relation to reducing transmission (¶¶ 43-44). Character as recorded: adjudication (orders upheld).","sourceUrl":"https://nmonesource.com/nmos/nmsc/en/494839/1/document.do","snapshot":"","fileExists":true,"fileBytes":467994,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NM","url":"/library/DUT-NM-013","exhibitUrl":"/exhibit/DUT-NM-013","citation":"Supreme Court of New Mexico, Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021) (standing) (Ex. DUT-NM-013)","stateName":"New Mexico","related":["NM-026","DUT-NM-012","DUT-NM-001"]}