Court upholds health order fines for New Mexico businesses

Courts and the Judiciary

The New Mexico Supreme Court on Tuesday unanimously upheld the governor’s authority to fine businesses up to $5,000 a day for violating state emergency health orders aimed at slowing the spread of COVID-19.

The court heard arguments from a group of business owners who claimed the administration of Gov. Michelle Lujan Grisham overstepped its authority in imposing fines higher than $100 citations.

The five-member court ruled without dissent against the business owners who sued. Chief Justice Michael Vigil said the “Legislature has clearly given the governor that authority.”

The court did not make a decision on another claim that the restrictions in response to the pandemic may require government compensation for businesses.

Carter Harrison, an attorney for several business owners, contended that the health order violations could be sanctioned with fines of up to $100 and up to six months in jail.

But Matthew Garcia, a lawyer for the administration, said Lujan Grisham has the authority to impose steep fines.

“What we’re trying to get here is immediate compliance because the only tool we currently have to stem the transmission of COVID-19 is social distancing,” Garcia told the justices.

State officials have issued the $5,000 daily fines to 16 businesses amid a backlash against the public health orders affecting restaurants and other establishments.

State Republican Party Chairman Steve Pearce condemned the court’s decision and promised to make it an issue in November elections as two appointed Democratic justices defend their seats.

Justice Shannon Bacon is confronting Republican Ned Fuller, a deputy district attorney in San Juan County, while Justice David Thomson is running against Republican former prosecutor Kerry Morris of Albuquerque.

Lujan Grisham was an early adopter of hard-line stay-at-home orders and business restrictions that still prohibit indoor restaurant service, require face masks in public, ban public gatherings of more than four people and suspend classroom attendance at public schools.

Major steps toward reopening the economy have been delayed until at least the end of August amid a July surge in cases in New Mexico and the neighboring states of Arizona and Texas.

Related listings

  • German court convicts former concentration camp guard, 93

    German court convicts former concentration camp guard, 93

    Courts and the Judiciary 07/23/2020

    A German court on Thursday convicted a 93-year-old former SS private of being an accessory to murder at the Stutthof concentration camp, where he served as a guard in the final months of World War II. He was given a two-year suspended sentence.Bruno ...

  • The Supreme Court's future hinges on the 2020 election

    The Supreme Court's future hinges on the 2020 election

    Courts and the Judiciary 07/18/2020

    The blockbuster Supreme Court term that just ended was a (nearly) unmitigated disaster for movement conservatives. Chief Justice John Roberts declined to overturn precedent on abortion rights. Conservative activist Justice Neil Gorsuch showed he woul...

  • Ex-Trump lawyer Michael Cohen back in federal prison

    Ex-Trump lawyer Michael Cohen back in federal prison

    Courts and the Judiciary 07/12/2020

    President Donald Trump’s former personal lawyer and fixer, Michael Cohen, was returned to federal prison Thursday, after balking at certain conditions of the home confinement he was granted because of the coronavirus pandemic. Records obtained ...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.