New Mexico has sued a local county sheriff’s office to force officers to enforce heavy-handed health mandates put in place because of the coronavirus.
New Mexico Attorney General Hector Balderas filed the lawsuit in the New Mexico Supreme Court on Wednesday, targeting the Lea County Sheriff’s Office and Lea County Sheriff Corey Helton. The suit requests a Writ of Mandamus to force Helton and his officers to enforce the state’s health mandates against restaurants that are in violation of a ban on indoor dining.
The state’s court filing says:
Despite the spike in new cases, Respondent Corey Helton, the Sheriff of Lea County, and his deputies have requested that restaurants open their facilities in violation of the State’s public health emergency orders. According to television reports, the Sheriff’s Office patronized local restaurants that have opened despite public health orders, and that are operating without a valid food service permit. These actions of Sheriff Helton and the Lea County Sheriff’s Office (“LCSO”) threaten to further propel the spread of COVID-19 in Lea County and across New Mexico. Not only does this risk the health and lives of New Mexicans, but it also makes it more likely that school and business closures will need to be prolonged undermining the Sheriff’s purported purpose of supporting local businesses. Additionally, the LCSO’s actions misleadingly and unlawfully communicate to the public that they should not follow the State’s directives to maintain social distancing and close certain businesses, including indoor dining.
The state’s action is part of an escalating feud between Santa Fe and Lea County officials, business owners, and others who are flaunting Democratic Gov. Michelle Lujan Grisham’s health mandates. Grisham re-imposed strict health orders, including a second ban on indoor dining, in early July after easing initial lockdown orders instituted after the outbreak of the coronavirus in March.
The sheriff’s office responded to the lawsuit in a statement Thursday.
“The Attorney General of the State of New Mexico and the Governor have filed this writ in the New Mexico Supreme Court to compel this office to enforce her mandates that are associated with the public health emergency orders and her executive orders. The writ has not been ruled on by the NMSC; therefore, it is not in effect,” the sheriff’s office said.
https://www.facebook.com/Lea.County.Sheriff.Office/posts/2716108748488826
Some businesses in Lea County and across the state have refused to go back into lockdown. The lawsuit says the Helton has dined in, and encouraged others to dine in, restaurants that have had their health licenses revoked by the state for violating health mandates.
The sheriff’s office has posted several instances on Facebook of deputies sitting down and eating at restaurants that have refused to obey Grisham’s latest health order.
“#heyleacounty ! Do not be alarmed when you see LCSO Deputies enter local restaurants. We’re not there to enforce the Governor’s mandate. We’re there to grab a bite and support our local businesses!” the sheriff’s office Facebook page posted on July 21.
https://www.facebook.com/Lea.County.Sheriff.Office/photos/a.673109072788814/2691307827635585/
One of the Lea County businesses that has been targeted by Grisham, the Pizza Inn of Hobbs, also shared a photo thanking local law enforcement for their support. Michael Moore, the owner of the Hobbs Pizza Inn, said in a July 18 interview on Fox News that he was forced to violate Grisham’s health mandate or lay off a third of his employees.
https://www.facebook.com/PizzaInnHobbsNM/posts/3137295016385553
