AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In response to the COVID-19 pandemic, the Governor of New Mexico declared a public health emergency and issued executive orders restricting mass gatherings and certain business operations. Subsequently, the Secretary of the New Mexico Department of Health issued public health emergency orders implementing these restrictions. Several small businesses and business owners, referred to as Real Parties, filed suit against the Governor and Secretaries of the New Mexico Department of Public Safety and Department of Health, seeking declaratory relief that the Secretary of Health's emergency orders were not authorized by the Public Health Emergency Response Act (PHERA) and thus the Act's penalty provisions were inapplicable. They also sought to enjoin the petitioners from enforcing penalties under PHERA and sought compensation for business losses due to mandated closures (paras 2-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioners: Argued that the Legislature empowered them to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19 of PHERA (para 1).
• Real Parties: Contended that the Secretary of Health's emergency orders during the COVID-19 crisis were not authorized by PHERA, making the Act's penalty provision inapplicable. They also sought an order to prevent petitioners from enforcing penalties under PHERA and requested compensation for business losses due to the mandated closures (para 4).

Legal Issues

• Whether New Mexico’s Legislature empowered petitioners to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19 of PHERA (para 1).
• Whether the emergency orders’ business restrictions effect a taking under PHERA’s compensation provision and/or the takings clauses of the United States and New Mexico Constitutions (para 5).

Disposition

• The court granted a writ of superintending control, concluding that the Legislature, through PHERA, authorized petitioners to respond to a public health emergency, including through the Secretary of Health’s emergency orders temporarily restricting business operations. Petitioners may utilize PHERA’s civil administrative penalty provision to enforce these orders (para 7).
• The court declined to issue a writ on the takings question presented (para 7).

Reasons

• The court found that the PHERA and concurrent statutes provided the Governor and the Secretary of Health broad authority to manage public health emergencies, including issuing orders restricting business operations to control the spread of COVID-19. The court determined that these powers were intended to be flexible and comprehensive, allowing for the enforcement of public health measures necessary to protect the population. The court also noted that the civil penalty provision of PHERA was applicable to violations of measures lawfully taken under the Act, including business restrictions imposed by the Secretary of Health's emergency orders. The court emphasized the public interest in ensuring fair and consistent enforcement of lawful public health measures and the urgent need to address the public health crisis posed by the COVID-19 pandemic (paras 8-44).