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A group of residents and business owners in New Mexico who say they have been unnecessarily harmed by the state’s coronavirus restrictions are suing Gov. Michelle Lujan Grisham and top state health officials.
The administration has gone too far in curbing the activities of New Mexicans in requiring them to wear face masks in public places to prevent the spread of what the plaintiffs and their lawyers say is an illness no more dangerous than the flu, according to Albuquerque news outlet KRQE.
There is no emergency in New Mexico, they claim, and the governor’s emergency response is causing them real financial harm, among other things.
The lawsuit was filed in federal court by seven individuals and the owners of four businesses — a shoe store, a Taekwondo studio, a pet food store and a café.
“In recent months, the citizens of entire states have been imprisoned without due process and with the clear threat to continue such lockdowns,” the lawsuit states. It further argues “the plaintiffs in this case have all been injured in various capacities by these unconstitutional actions, and without action by the Court, will be left without redress.”
The residents and business owners are asking the court to declare the governor’s executive orders and coronavirus restrictions unconstitutional, to lift them and to order the state to compensate the plaintiffs for the financial and other losses they claim were caused by the administration’s actions.
According to the lawsuit, Grisham, state public health director Kathyleen Kunkel, interim director Bill Jimenez and Department of Health Secretary-Designate Tracie Collins have exaggerated the threat of COVID-19 to justify closing schools and businesses, limiting public gatherings and issuing mask mandates.
The mortality rate from COVID-19, they claim, has been inflated and deaths are wrongly being attributed to the coronavirus.
“The disease is no more lethal than a bad flu season. Yet, the harm being done to individuals as well as to our economy far outweigh the threat of harm from the disease,” the plaintiffs claim.
State Health Department spokesman Matt Bieber told the Santa Fe New Mexican newspaper that the lawsuit gets the facts about the coronavirus pandemic wrong and noted more than 2,400 victims of the virus have died in New Mexico this year.
“The medical profession is clear: This is the worst global pandemic in a century,” the newspaper quoted him as saying. “The lawsuit appears to be out of step with these realities.”
Throughout the 125-page lawsuit, the plaintiffs’ legal team challenges the medical experts relied on by the governor and health officials and the practical advice given to Americans since nearly the start of the pandemic.
At various points, the lawsuit cites medical information that calls into question the effectiveness of wearing masks and the rate at which those who have COVID-19, but are asymptomatic, can transmit the virus.
At the heart of the complaint, though, is the insistence Grisham acted beyond her powers and without the state legislature.
“While we recognize that there may on occasion be a legitimate public health emergency, and that under state police power the states are most equipped to protect their citizenry, allowing for an unending declaration of emergency without a check on such power is completely unconstitutional,” the lawsuit says.
Have you been harmed by the coronavirus restrictions put in place by your state? Tell us about it in the comment section below.
The plaintiffs are represented by N. Ana Garner of Garner Law, Jonathan Diener and Thomas Renz.
The Coronavirus Restrictions Lawsuit is Pamela S. McKinley, et al. v. Gov. Michelle Lujan Grisham, et al., Case No. 1:20-cv-01331-JHR-JFR, in the U.S. District Court for the District of New Mexico.
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4 thoughts onNew Mexico’s Coronavirus Restrictions Draw Lawsuit
please add me , i lost my job and cant wear a mask with my chronic lung condition , it causes me bad relapses, this makes it impossible for me to use public transport, visit supermarkets etc tec tec . my child is depressed since she is cut off from friends and classmates since public school closures in NJ in March 2019. im unable to pay rent without income and yet im forced to homeschool my children , whos quality of education suffers because online schooling is inapropriate for their age and sensory needs
add me. Politically motivated to keep us locked down here in NM and was out of work for 9 months as a result of the lockdown.
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