BREAKING NEWS UPDATE: On Monday, August 23, The Food and Drug Administration (FDA) granted full approval to Pfizer and BioNTech’s Covid-19 vaccine making it the first in the United States to win the coveted designation and giving even more businesses, schools and universities greater confidence to adopt vaccine mandates. Up until now, the mRNA vaccine, which will be marketed as Comirnaty, was on the U.S. market under an Emergency Use Authorization that was granted by the FDA in December. Since then, more than 204 million of the Pfizer shots have been administered, according to data compiled by the Centers for Disease Control and Prevention.
It has been reported that large swaths of the South is experiencing a surge in Covid cases and hospitalizations because of the highly contagious corona virus delta variant. Some communities in the South are experiencing a rise in cases that have matched previous peaks from late December.
Alabama has the lowest vaccinated rate in the U.S., with just only 36% of its population fully inoculated. Alabama Republican Governor Kay Ivey has said “the unvaccinated folks” are to blame for Covid’s resurgence in the state. This coming from a Governor who initially opposed vaccinations and mask requirements.
IGNORANCE SPARES NO ONE FROM REDICULE, INCLUDING DER FÜHRER TRUMP
On Saturday, August 21, Der Führer and Former President Donald Trump was booed at a rally held in Alabama after telling supporters they should get vaccinated. He told the rally crowd who were largely maskless:
“And you know what? I believe totally in your freedoms. I do. You’ve got to do what you have to do. … But, I recommend: take the vaccines. I did it. It’s good. Take the vaccines.”
Upon hearing the boo’s Der Führer said:
“No, that’s okay. That’s all right. You got your freedoms. … But I happen to take the vaccine. If it doesn’t work, you’ll be the first to know. Okay? I’ll call up Alabama, I’ll say, hey, you know what? But [the vaccine] is working. But you do have your freedoms you have to keep. You have to maintain that.”
Links to news sources are here:
https://www.cnn.com/videos/politics/2021/08/22/trump-alabama-rally-vaccine-crowd-boos-sot-ip-vpx.cnn
THE CRAZY AND UNHINGED
The “crazy and unhinged” of anti-vaccine and anti-mask demonstrations are turning ugly and violent throughout the United States, including the State of New Mexico. Educators, medical professionals and elected officials are being severely ostracized over mask mandates, vaccine mandates and business restrictions. The “crazy” and unhinged has not spared New Mexico and has now infected New Mexico school systems, the courts and even churches.
NEW MEXICO SCHOOL BOARDS INFECTED BY THE “CRAZY”
The “crazy and unhinged” has infected many school districts in New Mexico. The Albuquerque Public School Board had to suspend a meeting when protesters disrupted a meeting over the board debating issuing mask mandates. Members of the public spoke to the Las Cruces school board for more than an hour, with most parents railing against the district’s masking policy. In Carlsbad, citizens and elected officials demanded that the school district fight for control from the Public Education Department and do away with mask and vaccine requirements. In Aztec and in Torrance County, county commissioners recently passed a resolution supporting local control and the authority of school boards to make decisions in the best interest of their students, staff and parents. The school board that represents the rural district in Floyd did just that and was suspended by the state New Mexico Public Education Department for not following the state public health orders.
In Las Cruces, Jenna Emerick, a mother of a 7-year-old, told the school board she had a hard time not crying while picking up her daughter from school, seeing her in a mask and she told the board:
“Forcing kids to wear masks causes stress in them. For our family, the stress was not worth the benefits.”
Emerick now home-schools her daughter which is a good thing.
The Carlsbad School Board held a meeting where a crowd demanded that the district fight for control of the school system from the State the New Mexico Department of Public Education. In response to the pressure, the school board passed a resolution asking the Public Education Department (PED) to recognize and enhance their authority. The resolution states:
“The NM PED may be restricting local school board management of local school districts in a ‘one-size-fits-all’ manner that may ultimately result in the elimination of school districts being managed locally and managed in a manner that reflects local community needs,”
The link to quoted news source material is here:
https://www.abqjournal.com/2421655/new-mexico-school-districts-debate-masks-local-control.html
NEW MEXICO COURTS INFECTED BY THE “CRAZY”
On Thursday, August 19, it was reported that the Lujan Grisham Administration and Health Secretary David Scrase issued a public health care order that requires vaccination for people working in “high-risk” settings, such as hospitals, nursing homes, hospice facilities and state prisons and state facilities.
On August 20, two women filed a federal lawsuit challenging COVID-19 vaccine requirements in the public health order issued by Health Secretary David Scrase.
One of the plaintiffs is Talisha Valdez, a Union County resident. She is the mother of two children who entered to show their animals at the State Fair and she was told her children could be barred from showing their animals at the fair due to a requirement that anyone who’s eligible must provide proof of vaccination before entering the fairgrounds.
The other plaintiff is Jennifer Blackford, a Bernalillo County resident who works as a nurse at Presbyterian Hospital in Albuquerque. Presbyterian Healthcare Services announced it will require COVID-19 vaccinations for its entire workforce totaling more than 13,000 people with a first dose required by August 27. The health order applies to doctors, nurses, pharmacists and others, but allows for exemptions on medical and religious grounds. Employees who refuse to get vaccinated face the possibility of losing their jobs.
The lawsuit described Lujan Grisham as a “tyrannical governor” and alleges that “vaccine mandates represent the most egregious attack on American liberty since the use of internment camps to hold citizens of Japanese ancestry during World War II”. Comparing a Governor’s legal public health orders the racism of World War II internments camps is about as far into the sewage septic tank any one can get. One argument being made is that the vaccine mandates violate both employees’ constitutional contract rights and their right to “bodily integrity”.
https://www.abqjournal.com/2421542/lawsuit-targets-expanded-nm-vaccine-mandates.html
Governor Michelle Lujan Grisham has been repeatedly vilified by the public for her health care orders to deal with the pandemic, especially by the Der Führer Republican Party to the point of being sued. The courts have dismissed the cases almost as quickly as they are filed. The dismissals are based upon state statues enacted that give the Governor wide ranging powers to deal with public health crisis. There are 2 major statutes that allow the public health care orders and which include both civil and criminal remedies for the government to enforce. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.” The postscript to this article provides a summary of both statutes.
CHURCHES BEING INFECTED BY THE “CRAZY”
On August 17, citing rising cases of COVID-19 fueled by the Delta variant, Governor Michelle Lujan Grisham announced masks will once again be required indoors as of Friday, August 20. The new requirement, outlined in a public health order from Acting Health Secretary Dr. David Scrase, remains in effect through September 15 and applies to anyone over the age of 2 except when eating or drinking, regardless of vaccination status.
https://www.sfreporter.com/news/2021/08/17/gov-lujan-grisham-reinstates-mask-mandate/
https://www.koat.com/article/new-mexico-new-covid-restrictions/37331092
August 21 an 22 was the first weekend that masks were again required indoors for everyone as a way to stop the spread of the Delta variant. The pastors of both Legacy and Citizen churches aggressively denounced the Governor’s updated public health order. Both churches posted their Sunday morning sermons on social media. The pastors said they won’t be enforcing the re-instated indoor mask mandate, regardless of a person’s vaccination status.
Dustin Woodward, the pastor at Citizen Church, had this to say:
“I, along with all of these other pastors, do not believe it’s the church’s job or a pastor’s job to tell you only what a doctor can tell you. … Everyone is welcome at Citizen Church whether you’re vaccinated or not, whether you choose to wear a mask or not.”
When Pastor Woodward says he does not believe it’s not his job to tell you only what a doctor can tell you, you gotta wonder what he says about a woman’s right to choose and are women who have had an abortion welcomed to his church with no requirement of repentance for having an abortion.
According to a KRQE news report, about half of the hundreds of people inside Citizen Church Sunday morning were not wearing masks.
Legacy Church Pastor Steve Smothermon blasted the reinstatement of mask mandates indoor during his Sunday service characterizing Governor Michelle Lujan Grisham as a “tyrant”. Smothermon went so far as to telling his congregation that he hopes no one goes to the state fair this year now that the governor is requiring people to show proof of vaccination to get in. Smothermon called his strong stance a, ‘peaceful protest’ and said:
“If more people would ignore her and the mandates, businesses, if you would just put your signs out and then if people come in you can just simply say I’m not the mask police.”
The link to the news story is here:
https://www.krqe.com/news/politics/local-churches-pushback-on-re-instated-mask-mandate/
Pastor Smothermon’s hostility and vitriol is to be expected. Last year Legacy Church and Calvary Church were both fined $10,000 for violating the state’s public health order after videos and photos posted online went viral showing hundreds gathered at both churches during Christmas Eve services with almost no masks in sight.
A link to a related news story is here:
THE RACE FOR MAYOR OF ALBUQUERQUE BEING INFECTED BY THE CRAZY
The political crazy and unhinged has even crept into the Albuquerque Mayor’s race between Democrat Mayor Tim Keller, Decorate in name only Sheriff Manny Gonzales and Der Führer Trump Shock Jock Eddy Aragon.
On December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaims he would not enforce “unconstitutional laws” when it comes to the corona virus pandemic. In a video posted to YouTube, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:
“I choose to direct this agency’s time and resources to the laws deemed to keep people free of crime. … Overreaching restrictions will harm our community. For that reason, we will not follow along with any orders that subvert constitutional rights.”
A link to the YouTube Video is here:
https://www.youtube.com/watch?v=v95B1lpt_PM
The single most obscene argument being by those against taking the vaccine is the very warped use of the term “my body, my right to choose” a term used by people who support the “right to choose” when it comes to abortion. It was an argument made by Der Führer Trump Republican candidate and radio shock jock running for Mayor Eddy Aragon in a debate with incumbent Democrat Mayor Tim Keller and Democrat In Name Only (DINO)Bernalillo County Sheriff Manny Gonzales. Aragon boasted to the audience he has not been vaccinated as he pandered to Der Führer Republican voters saying he was the only Republican running in a non-partisan race.
What was disappointing was you heard no objection from so called progressive Mayor Tim Keller who proclaims to be supportive of a woman’s right to choose and ostensibly was not offended by Aragon’s warped use of the words.
A person has every right to choose not to take any vaccine to protect themselves from a disease, but there is absolutely no constitutional right to catch a contagious disease and then spread it to others resulting in death. A woman’s right to choose should never be compared on the same level as receiving inoculation for a contagious disease.
DER FÜHRER REPUBLICAN PARTY INFECTED BY THE CRAZY
Nationwide, the overwhelming majority of Covid hospitalizations and deaths are occurring among unvaccinated Americans, especially in the Southern Republican red states according to a New York Times. A Kaiser Family Foundation vaccine tracking poll released early in August found that Republicans were the second-least likely demographic group to be vaccinated, only above Americans who are unsure about the vaccines under 65. While 57% of Republicans have received at least one dose of the vaccine or say they will get a shot as soon as possible, 40% say they either never will, will only do so if it’s required or are still in wait-and-see mode. The 40% total is the second-highest of the 23 demographic groups surveyed.
Four in ten of those in the “wait and see” group are people of color, while the most vaccine resistant group, those who say they will “definitely not” get a COVID-19 vaccine, is overwhelmingly made up of White adults (65% of the group compared to 50% of the “wait and see” group). Partisanship also plays a major role with more than half (58%) of the “definitely not” group identifying as Republican or Republican-leaning. In addition, religious identity also plays a role as White Evangelical Christians, make up nearly twice the share of the “definitely not” group (32%) as the “wait and see” group.
https://www.kff.org/coronavirus-covid-19/dashboard/kff-covid-19-vaccine-monitor-dashboard/
THE SCHOOLS AND MANDATORY MASKING AND VACCINATIONS
“As school begin to open across the country, the most contentious protests have been over mandatory vaccinations of kids and the wearing of masks. “Across the United States, religious figures, doctors, public officials and other community leaders are [helping] … people circumvent COVID-19 precautions. An Oregon school superintendent is telling parents they can get their children out of wearing masks by citing federal disability law. A pastor at a California megachurch is offering religious exemptions for anyone morally conflicted over vaccine requirements. A Louisiana’s attorney general has posted sample letters on his office’s Facebook page for those seeking to get around the governor’s mask rules”
The link to quoted source material is here:
“Coronavirus cases among children are rising at a time when the highly infectious delta variant is advancing across the United States at a rapid clip. New state-level data analyzed by the American Academy of Pediatrics and the Children’s Hospital Association shows that children accounted for roughly 15% of all newly reported COVID-19 cases across the nation for the week ending on Aug. 5.
Nearly 94,000 child cases of COVID-19 were recorded during that period, a 31% increase over the roughly 72,000 cases reported a week earlier. In the week before then, there were 39,000 new child cases. The American Academy of Pediatrics and the Children’s Hospital Association said that new coronavirus cases in children have been increasing since July after a period of decline in the early summer.
“This virus is really tracking the unvaccinated,” said Dr. Yvonne Maldonado, a professor of pediatrics and infectious diseases at Stanford University. “Because children under 12 are not able to be vaccinated, we’re just seeing the same increase in infections in that group because [the delta variant] is so infectious.”
The link to quoted source material is here:
“For more than a century, schools have played a crucial role in reducing vaccine-preventable diseases in the U.S. In 1802, Massachusetts became the first state to encourage smallpox vaccinations. Forty-eight years later, it was home to the first school to require vaccination.
By 1900, nearly half of the states required children to be vaccinated before beginning school. By 1963, 20 states, Washington D.C. and Puerto Rico mandated a variety of vaccines for children. In the late 1960s, efforts were underway to eradicate measles in the U.S. In the ’70s, states requiring the measles vaccine had incidence rates 40% to 51% lower than the states not requiring it.
Alaska and Los Angeles found themselves among the poorer-performing areas in that regard — forcing health officials to strictly enforce the existing requirements. In Alaska, 7,418 of 89,109 students (8.3%) did not provide proof of vaccination and were not permitted to attend school. A month later, fewer than 51 students were still excluded.
In Los Angeles, 50,000 of 1,400,000 students (4%) were not allowed in school. Most of them returned within a few days. In both cases, the number of measles cases plummeted, proving enforcement of vaccine mandates to be an effective public health measure, Malone and Hinman wrote.”
The link to quoted source material is here:
https://www.fox10phoenix.com/news/history-of-vaccine-mandates-in-the-united-states
NEW MEXICO STATUTORY LAW ON SCHOOL IMMUNIZATION REQUIREMENTS
The New Mexico legislature has enacted the “Immunization Exemption Statute”, Sections 24-5-1 to 24-5-15 NMSA, that deals with exemptions from school and daycare immunization requirements. Section 24-5-2 makes it clear in no uncertain terms that it is unlawful to enroll in school children that have not been immunized and states in part:
“It is unlawful for any student to enroll in school unless he has been immunized, as required under the rules and regulations of the health services division of the health and environment department [department of health], and can provide satisfactory evidence of such immunization. … ”
The New Mexico Public Education Department and the Public Health Department have the authority to include corvid vaccinations in the list of mandatory vaccinations.
The statute, section 24-5-3 NMSA, allows for only 2 types of exemptions for children seeking exemption from required immunizations to enter school, childcare or pre-school: a medical exemption and a religious exemption.
The statute does NOT grant immunization exemptions for philosophical or personal reasons. The two exemptions are medical or religious.
If there is a medical reason for exempting immunization, a signed medical exemption must be obtained from a duly-licensed physician attesting that the required immunization would endanger the life of the child.
If there is a religious reason for exempting, the child’s parent or legal guardian must ask an officer of the church to write a letter stating that the one seeking an exemption are a member of the church, and the church uses prayer or spiritual means alone for healing. If access to a church officer is not possible, then the child’s parent or guardian must complete the Certificate of Exemption Form. The form requires a statement of the religious reasons for requesting to have a child exempted from immunization. Once a completed, notarized, original Certificate of Exemption Form is filed with the Department of Health, the Department has up to 60 days to notify the parent or legal guardian if the request is approved or denied.
Section 24-5-3 entitled “Exemption from immunization” also requires affidavits:
A. Any minor child through his parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:
(1) a certificate of a duly licensed physician stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child; or
(2) affidavits or written affirmation from an officer of a recognized religious denomination that such child’s parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or
(3) affidavits or written affirmation from his parent or legal guardian that his religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.
B. Upon filing and approval of such certificate, affidavits or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavits or affirmation.
The links to the statutes are here:
https://law.justia.com/codes/new-mexico/2011/chapter24/article5/
https://law.justia.com/codes/new-mexico/2011/chapter24/article5/section24-5-3/
PRESIDENT JOE BIDEN’S TAKE ON OPPOSTION
The states of Florida and Texas account for one-third of new COVID-19 cases in the U.S., yet their Governors exhibit extraordinary ignorance to the health and safety of their constituents.
Texas Governor Greg Abbott issued an executive order that banned mask mandates and other operating mandates in Texas. In a statement Abbot said:
[People] have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses, and engage in leisure activities. … Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary — never forced — in the State of Texas.”
On August 18, Governor Greg Abbott was tested positive after attending a major even without wearing a mask. On August 22, Abbot issued a statement saying he has tested negative for COVID-19, just four days after testing positive.
“I’m told that my infection was brief and mild because of the vaccination that I received. … So I encourage others who have not yet received the vaccination to consider getting one.”
It’s highly likely Abbot would not have been infected with the virus after receiving the vaccine had he simply worn a mask.
Florida Governor Ron DeSantis has stuck to his long-time promise not to impose a mask mandate in Florida and has moved to ban state institutions from requiring vaccinations.
On August 3, President Joe Biden took aim at local officials, including Republican Governors Di Santis and Abbot of over measures that prevented public health measures in the wake of surging COVID-19 cases and he said:
“I say to these governors: please help, but you aren’t going to help at least get out of the way. … The people are trying to do the right thing. Use your power to save lives. … And worst of all, some state officials are passing laws or signing orders that forbid people from doing the right thing. As of now, seven states not only banned mask mandates, but also banned them in their school districts, even for young children who cannot get vaccinated.”
DUCT TAPING THE CRAZY IN THE FRIENDLY SKIES
July 12, 2021, a 30 year old woman with green hair became agitated on an American Airlines flight and became very aggressive and in wanting to kick open a plane door. She had told the man next to her that she did not want the plane “to fly up anymore. ” Flight attendants ran and “tackled” the woman, then restrained her wrists and feet with duct tape. When she became even more erratic and violent, flight attendants were forced to subdue her and duct-tape her to the seat.
https://www.washingtonpost.com/travel/2021/07/12/woman-restrained-on-american-airlines-flight/
On Saturday, Aug. 7, a 22 year old man on a Frontier Airlines flight from Philadelphia to Miami allegedly sexually assaulted two female flight attendants and punched a male flight attendant. The man was intoxicated and had been consuming alcohol on the flight. Having enough of the crazy, flight attendants teamed up to force the man back into his seat and duct-taped him in place. He was subsequently arrested and charged with three counts of battery.
https://www.avweb.com/aviation-news/flight-attendants-subdue-violent-passenger-with-duct-tape/
COMMENTARY AND ANALYSIS
Consistently, those who promote ways to get around the vaccine and mask mandates argue they are looking out for children’s health and parent’s rights, and people’s “constitutional rights” and freedom from government intervention for any reason. Those who resist masking and vaccines are at best irrational and ignorant or at worst just dishonest and reckless. The “anti vaccine” and anti mask crowd are now undermining efforts to beat back the highly contagious delta variant to the point people are being hospitalized and dying at the same rates early in the pandemic. The overwhelming majority now who are being hospitalized and dying are those who have not been vaccinated. Now that the vaccine has received full FDA approval, there is no excuse not take it.
Like it or not, and no matter what political party you belong to or you political philosophy, vaccination mandates by the government and by private employers as a condition of employment is on solid United State Constitutional law and state laws. Vaccination mandates are not “unconstitutional” as argued by many “arm chair” constitutional scholars you hear on conservative talk radio, especially FOX News, on social media, and from so many members of the Der Führer Republican Party.
The mantra that mandated vaccines and wearing of masks are a violation of a person’s rights is 100% irresponsible and negligent especially by elected officials promoting their own political agenda. It is a reflection of absolute ignorance. There is no right to become a carrier of a deadly disease and put others in harm’s way. Those who refuse to take the vaccine and become carriers of the deadly virus are essentially attempting to commit suicide and in a real sense committing attempted murder of others. No one should have any sympathy for those who refuse to mask up, get infected and refuse to take the vaccine.
The antics of the Der Führer Trump Republicans such as Florida Republican Ron Desantis and Texas Governor Greg Abbot of Texas in opposing mask mandates in public schools can only be describe as vicious and cruel negligence on their part to promote their own quest to the White House. No one should have any sympathy for Texas Governor Greg Abbot coming down with Covid and being treated, as was the case with Der Führer Trump who always downplayed the virus and said it would suddenly vanish ignoring the science.
What this country desperately needs is a vaccine for the crazy, stupid, lies especially in presidential election years to be administered to despots and candidates in Der Führer Republican Party. The country, state and the city are at the point that more than a few elected officials and politicians need to have duct tape placed across their mouths, starting with Der Führer Trump and Governors Abbott and DeSantis, so they can just shut up for once, until the Corona Virus and the variants are completely eradicated and we can all get back to normal after a full year and a half of being quarantined. Another option would also be to duct tape DeSantis to his Governor’s chair, but even I absolutely refuse to even go there with Abbott.
Until then, please, please take the vaccine and wear the damn mask, unless you want to get duct taped!
____________________________________
POSCRIPT
The New Mexico legislature has enacted two major statutes that empowers the Governor to issue public health orders to deal with the pandemic. The statutes are the “Public Health Act” and the “Public Health Emergency Response Act.”
“PUBLIC HEALTH ACT”
The Public Health Act is the law the state has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day.
In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary. Those sections are:
Section 24-1-3 (C) empowers the department to investigate, control, and abate causes of disease, especially epidemics, sources of mortality, and other conditions of public health.
Section 24-1-3 (D) empowers the department with the authority to establish, maintain and enforce isolation and quarantine.
Section 24-1-3 (E) empowers the department with authority to close any public place and forbid gatherings of people when necessary for the protection of the public health.
Section 24-1-3 (K) Ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
Section 24-1-3 (L) Ensure a competent public health workforce;
Section 24-1-3 (M) empowers the department to bring action in court for the enforcement of health laws and rules and orders issued by the department;
Section 24-1-3 (P) Cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Section 24-1-3 (Q) empowers the department to maintain and enforce rules for the control of conditions of public health importance;
Section 24-1-3 (R) empowers the department to maintain and enforce rules for immunization against conditions of public health importance;
Section 24-1-3 (U) Sue and, with the consent of the legislature, be sued
Section 24-1-3 (X)Inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Section 24-1-3 (Z) provides that the health department do all other things necessary to carry out its duties.
CRIMINAL PENALTIES PROVIDED IN PUBLIC HEALTH ACT
The New Mexico Public Health Act also contains a criminal penalty provision that can be sought and enforced for violations of the Health Department orders. The state police issues criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail. The penalty provision of the Public Health Act provides as follows:
NMSA§ 24-1-21. Penalties
Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court.
Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action.
The attorney general shall represent the department.”
Links to review the entire Public Health Act can be found here:
https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/
https://www.lawserver.com/law/state/new-mexico/nmstatutes/new_mexico_statutes_24-1-1
“PUBLIC HEALTH EMERGENCY RESPONSE ACT”
The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day. Note that the actions for violations of the “Public Health Act” are criminal and that violations of the “Public Health Emergency Response Act” are civil.
The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses an up to $5,000 fine per day. In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.
It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides as follows:
A.A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.
B. A state of public health emergency shall be declared in an executive order that specifies:
(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.
C. A declaration of a state of public health emergency shall not abrogate any disease-reporting requirements set forth in the Public Health Act [ 24-1-1 to 24-1-22 NMSA 1978].
D. A declaration of a state of public health emergency shall be terminated:
(1) by the governor, after consultation with the secretary of health, upon determining that there is no longer a public health emergency; or
(2) automatically after thirty days, unless renewed by the governor after consultation with the secretary of health.
E. Upon the termination of a state of public health emergency, the secretary of health shall consult with the secretary of public safety and the director to ensure public safety during termination procedures.