The New Mexico courts have weighed into the ongoing restaurant closure debate and sided with the food and beverage purveyors of the state. Local restaurants, breweries, and other working groups filed suit against the public health order from the Governor on July 13th banning indoor dining. On Monday morning the courts delivered a restraining order,  prohibiting the state from enforcing the most recent public health order and allowing restaurants to return to 50% indoor capacity per the 6-30-20 Public Health Order. The temporary restraining order will be in effect until he scheduled hearing on July 30th. The Governor’s office has responded to the restraining order by filing a motion to have the case moved to the NM Supreme Court.

The ruling is a small win for businesses in NM, but brings with it an air of uncertainty for businesses gasping for a lifeline. There is no guarantee that businesses operating under the previous health order will not be fined during the 10 day restraining order, especially if the supreme court intervenes. NMBC will continue to keep you updated on the situation via our website and newsletter since this situation is just the first step in rolling back unnecessary safety restrictions coming from Santa Fe. Read more HERE or view the court’s temporary restraining order HERE.

Update 7/21/2020 8:00 AM

The NM Supreme Court has decided to uphold the current public health order prohibiting indoor dining at New Mexico restaurants. This unfortunate decision means that restaurants across the state must remain closed for the foreseeable future until the governor lifts her restrictions for indoor dinning.