{"id":"DUT-NM-014","kind":"duty","level":"court","jurisdiction":"New Mexico (federal district court)","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court for the District of New Mexico (Browning, J.)","authority":"28 U.S.C. § 1331; First Amendment; Public Health Act; PHERA","instrument":"Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020)","title":"Memorandum opinion denying a preliminary injunction against the Secretary of Health\u0027s public health orders and holding the orders neutral and generally applicable","dateIssued":"2020-07-13","effective":"2020-07-13","end":"standing (affirmed in relevant part, 10th Cir. 2021, not verified here)","startDate":"2020-07-13","endDate":"2021-09-30","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["GATH","EVT","CLOSE"],"addressees":["persons generally; houses of worship; every entity holding gatherings"],"clause":"The Court concludes that: (i) Legacy Church is not substantially likely to succeed on the merits of its claim that the Public Health Orders violate Legacy Church\u0027s Free Exercise rights, because the Public Health Orders are neutral with respect to religion and generally applicable.","enforcement":"As recited in the orders: §§ 24-1-21, 12-10A-19","functions":[],"notes":"Treated the April, May and July 2020 public health orders as generally applicable law binding every gathering and business in the State, declined to enjoin them, and recorded (at Doc. 80, p. 47 of the transcript discussion) the State\u0027s enforcement posture toward entities \u0027violating a Public Health Order.\u0027 Character as recorded: adjudication (orders upheld).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_20-cv-00327/pdf/USCOURTS-nmd-1_20-cv-00327-1.pdf","snapshot":"","fileExists":true,"fileBytes":1559082,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NM","url":"/library/DUT-NM-014","exhibitUrl":"/exhibit/DUT-NM-014","citation":"United States District Court for the District of New Mexico (Browning, J.), Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020) (standing) (Ex. DUT-NM-014)","stateName":"New Mexico","related":[]}