The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Police power; Public Health Act, NMSA 1978, Sections 24-1-1 to 24-1-40
- Effective
- standing throughout 2020-2021
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capQuarantine and isolationStanding duty
- Addressees
- persons generally; owners or persons in control of premises; every public place
- Character
- statutory authority
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
The department has authority to:... C. investigate, control and abate the causes of disease, especially epidemics, sources of mortality and other conditions of public health; D. establish, maintain and enforce isolation and quarantine; E. close any public place and forbid gatherings of people when necessary for the protection of the public health.
Penalty
NMSA 1978, § 24-1-21: petty misdemeanor (fine up to $100 or up to six months, or both); civil enforcement (Ex. DUT-NM-003)
What it required
Vested the Department of Health with standing authority to close any public place, forbid gatherings and impose isolation and quarantine whenever necessary for the protection of the public health, and to enforce its orders in court (subsection M), the statutory footing of every closure, capacity and gathering order of 2020-2021. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteOfficial compilation of NMSA 1978 Chapter 24 (Health and Safety) published by the New Mexico Compilation Commission on NMOneSource; Section 24-1-3 appears at the head of Article 1. The Supreme Court of New Mexico construed subsection (E) as authority for the closure orders in Lujan Grisham v. Romero, 2021-NMSC-009, paras. 26-27, 38 (Ex. DUT-NM-013).