ALBUQUERQUE, N.M. (News Nation/KRQE) — The New Mexico Supreme Court blocked restaurants from allowing indoor dining Monday afternoon after a District Court judge granted a restraining order allowing it. Under the District Court order, restaurants would have been able to operate at 50% capacity and allow dine-in services.
The judge signed the restraining order Monday morning preventing the state from enforcing the health order that restricted dine-in services at breweries and restaurants. The judge cited that the state failed to file a response in time as a reason for signing off on the order.
The New Mexico Restaurant Association, along with half a dozen eateries, sued the state law week. They claimed they were being unfairly singled out when Gov. Michelle Lujan Grisham announced restaurants could no longer have customers eating inside.
The Department of Health filed an emergency motion with the New Mexico Supreme Court Monday afternoon in response to the restraining order. The New Mexico Supreme Court issued a stay, meaning restaurants cannot allow indoor dining.
A spokesperson for the governor’s office said they were going to file a response Monday, but claim the judge jumped the gun on the deadline, according to News Nation affiliate KRQE.
The New Mexico Supreme Court agreed to stay the District Court judge’s ruling. The New Mexico Supreme Court is giving the New Mexico Restaurant Association until next Monday to give a reason to lift the stay.