On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The governor issued the restriction in the Emergency Health Order after the recent homicides of three children in Albuquerque, including an 11-year-old boy killed while he and his family drove away from an Albuquerque Isotopes baseball game.

The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates. Albuquerque Police Chief Harold Medina, Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman and New Mexico Attorney General Raul Torrez all announced that they felt the Governor’s Emergency Public Health Order was unconstitutional and proclaimed they had no intention of enforcing it.

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction and granted he granted  the TRO. Judge Herrera Urias ruled that the gun restrictions in the governor’s original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense and granted a temporary restraining order blocking it.

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Public Health Emergency Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

On October 11, Judge Urias issued a 23 page order and he  refused to halt state enforcement of temporary firearms restrictions at Albuquerque-area parks and playgrounds thereby upholding the Governors Amended Order for the time being. He ruled against gun rights associations and gun owners who sought a preliminary injunction against the firearm ban. The second order is set to expire November 3. Urias left the door open for a future ruling that would consider more in-depth evidence and argument from both sides.

GOV. MLG AND CABINET GIVE UPDATE ON PUBLIC HEALTH ORDERS

On October 10, Governor Lujan Grisham, along with members of her administration held a press conference and gave an update on the public safety initiatives under her Executive or and the Emergency Public Health Orders.   During the news conference, the governor’s Cabinet members individually touted what they saw as the health order’s successes in tackling gun violence.  Those successes included the following:

• The arrest of 502 people in less than 20 days with at least a hundred on misdemeanors.
• 20 seized guns in a city that saw more than 5,000 guns stolen and not recovered since 2018; and
• 38 fewer gunshots across three days in the Albuquerque area. Last year the city saw an average of 100 bullets fired daily.

Governor Lujan Grisham began the conference by emphasizing that the gun violence issue is not confined to just Albuquerque but is a larger issue. “We have far too many firearms in our community. We have far too many risks,” said the governor.

Senior Public Safety Advisor Ben Baker spoke at the conference. He started with a presentation of statistics. He reported since the order was implemented, there have been 502 people arrested, 20 firearms seized, and 1,370 traffic citations issued by the New Mexico State Police (NMSP), the Albuquerque Police Department (APD), and the Bernalillo County Sheriff’s Office (BCSO). Baker also cited a reduction in the number of gunshots detected before and after the ban.

Public Safety Advisor and former New Mexico State Police Director Pete Kassetas spoke on his role of advising the governor on how to best combat the actions of criminals. He mentioned the importance of speeding up the entire process of booking and prosecuting criminals. The governor chimed in, saying, “At the end of the day, if you can’t book people, we can’t arrest people. If we don’t arrest people, they continue to commit crimes, and it sends a pretty strong message.”

State Corrections Secretary Alisha Tafoya Lucero said that there has been an increase in the number of average daily bookings at the Albuquerque Metropolitan Detention Center since the order.   Recent arrests led to an 11% increase in the jail population at the Metropolitan Detention Center. The jail is notoriously stretched thin by staff vacancies and has been the site of more than two dozen inmate deaths since 2020, many of them while detoxing from drugs and alcohol.  To help lighten the load on MDC, Tafoya Lucero said 48 of MDC’s “most staff-intensive, violent, dangerous, inmates” will be transferred to a state prison but did not specify details of when or where the transfer would happen. The current MDC population is 1,647 people  or 84% full with the staffing vacancy of 38%.

Acting secretary with the New Mexico Children Youth and Families Department Teresa Casados  said the statewide juvenile detention population has gone up 16%, or about 15 people, since Sept. 20 as part of the order.  She said they’ve put 32 juveniles behind bars and 13 of those arrests required an override  where a risk assessment tool suggested releasing them until trial. Four of the 13 had a gun on school property, one was detained for assault on a school employee, and three were in possession of a stolen vehicle and fleeing officers. She said six of the juveniles have since been released by a judge.

Department of Health Cabinet Secretary Patrick Allen stated that the amount of firearm injuries in kids 17 and younger has gone up 73% in the last four years, making it the leading cause of death in that age group. He emphasized the importance of preventing these issues early on and of stopping the “cycle of violence from person to person.”

Secretary of the Human Services Department Kari Armijo said they are taking “a more proactive approach” to get people treatment, enhance access to health care and wraparound services like housing and transportation. She said the department is dedicated to ensuring that people who need access to drug and alcohol treatment get help within 24 hours. Armijo said it has used data to identify and offer help to thousands of people on Medicaid who had an emergency visit related to substance or alcohol abuse.  Out of 10,984 Medicaid members, 66% are receiving treatment or are engaged with a treatment plan, she said.  Armijo said they have increased peer support workers in emergency rooms, are tracking treatment plans as they go forward and establishing a helpline for those who need treatment but haven’t gotten it yet.  She said the department is also working with prisons and jails to ensure access to treatment for those being released and is working with schools to get alerts on students experiencing drug and alcohol abuse.

Environment Department Secretary James Kenneysaid wastewater testing for fentanyl in the Bernallilo County, Albuquerque and Rio Rancho school systems would begin testing next week with results expected within two weeks from then.  Kenney said, much like how they tested wastewater for COVID, they will pop a manhole and have a robot collect samples every hour for eight to 24 hours. He said those samples are then sent to a lab. Kenney explained that New Mexico is the first state in the U.S. to set up routine surveillance of waste-water opioid sampling. The data will help the state identify where opioids are most abused and will give them information as to how and where the issue needs to be addressed.

Secretary Jason Bowie with the Department of Public Safety then spoke on the safe surrender program. Bowie emphasized that the gun buyback program hopes to reduce the access that kids have to guns by removing some of them from the community.

OTHERS REACT TO UPDATE

Others reacted to the Governor’s update.

Attorney Kate Loewe, who represents incarcerated people in MDC’s reforms settlement, said she is concerned for both those detained and those staffing the detention center. Loewe said this

“The jail is an already overburdened and understaffed facility. I cannot imagine how the county would be able to provide adequate medical care and security for such a large influx. … If we look at the deaths over the past year, the majority of people died just a few days into their incarceration. This is a particularly vulnerable time and I can only hope that the county and [the University of New Mexico Health systems] are prepared to provide adequate medical care and monitoring for so many people.”

Loewe said with so many resources going toward arrests, there needs to be “commensurate and adequate” resources for the community, like supportive housing, substance use treatment and funding for the public defender.

Chief Public Defender Ben Baur said this:

“Incarcerating children should not be a goal in and of itself. How does this actually improve public safety? Because without counseling, drug treatment, education, and a meaningful intervention, just holding a kid in a cell isn’t going to solve these problems.”

https://www.krqe.com/news/new-mexico/new-mexico-governor-gives-update-on-public-safety-initiatives/

https://www.kob.com/new-mexico/new-mexico-governor-provides-update-on-crime-public-safety-initiatives/

https://www.koat.com/article/public-health-order-progress/45501584

https://www.abqjournal.com/news/governor-makes-a-case-shes-succeeding-in-combating-gun-violence/article_6453dea6-67cf-11ee-817a-93429828e520.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

It is difficult to understand let alone justify Governor Lujan Grisham’s stubbornness when it comes to both of her Emergency Health Orders that include banning the carrying of firearms, concealed or openly, in public places.   Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.  

A simple Executive Order containing all the other provisions of the two orders, absent the gun ban, with  a law enforcement surge sustained indefinitely, would have accomplished just as much if not more with no backlash.  The truth is the Governor’s gun ban order accomplished very little other than ginning up the Republicans and Second Amendment Rights advocates that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants tangible results, she should call for the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

The link to a related blog article is here:

Federal Judge Permits Gov. MLG’s Gun Restrictions For Now; Law Enforcement Reluctant On Enforcement; Gov. Extends Emergency Health Order; Simple Executive Order Absent Gun Ban Would Have Accomplished Just As Much With No Backlash; Enact “Omnibus Gun Control And Violent Crime Sentencing  Act”

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Emergency Public Health Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

On October 3, U.S. District Court Judge David Herrera Urias held a hearing on the Governors Amended Public Health Emergency Order banning firearms only in “public parks and playgrounds” where children and their families gather.  Holly Agajanian, Chief General Counsel for Lujan Grisham, said during the October 3 hearing on the preliminary injunction request that New Mexico State Police would be able to enforce the ban if it were upheld. Violators would be subject to civil penalties.

On October 11, Judge Urias issued a 23 page order that refused to halt state enforcement of temporary firearms restrictions at Albuquerque-area parks and playgrounds. He ruled against gun rights associations and gun owners who sought a preliminary injunction against the firearm ban. The second order is set to expire November 3. Urias left the door open for a future ruling that would consider more in-depth evidence and argument from both sides.

Gun rights groups have claimed that restrictions imposed in a series of state emergency public health orders run afoul of the Second Amendment and are unfair to gun owners who want or need to protect themselves.  After Urias temporarily blocked the  initial, blanket restriction on the carrying of firearms in Bernalillo County contained in the Governors initial Emergency Health Order, the state narrowed the focus.

In the second 30-day Amended Emergency Public Health Order unveiled on September 15, the restrictions were altered to avoid the legal deficiencies  of the first Order  focusing only on parks and playgrounds. The governor’s second order cleared up what the gun rights groups argued was “vagueness” in defining where the restrictions applied. The governor has based both of her controversial public health orders in part  on the harm of guns to children.

Firearms and other deadly weapons are prohibited in Albuquerque parks and recreation facilities under an administration order issued in 2020 by Albuquerque Mayor Tim Keller’s office. The rule excludes law enforcement officials and applies to any city property used for public school-related activities, including Civic Plaza.  There are  14 parks currently affected by thar  order. It too which being challenged in state District Court by gun advocates. A trial is set in that case for 2024.

Adhering with the latest U.S. Supreme Court ruling, Urias considered the national historical tradition of firearms restrictions and whether the gun rights groups have proved a “substantial likelihood of success on the merits regarding their challenge to the temporary restriction.” In his 23-page order, Judge Urias concluded that the groups failed to show the substantial likelihood required for him to impose the “extraordinary” relief of issuing a preliminary injunction to stop the governor’s firearms restrictions from being enforced.  Urias wrote that whether the state of New Mexico can justify its temporary firearms restrictions as constitutional as the legal case progresses in his court “remains to be seen.”

GOVERNOR REACTS

Lujan Grisham reacted to the court’s ruling in a news release saying she was pleased.  The Governor said this:

“While the public health order is temporary, the ruling shows that there is still a viable legal path for common-sense gun violence prevention measures in this country.”

REACTION BY SECOND AMENDMENT ADVOCATES

We The Patriots USA is one of the Plaintiff’s that filed suite against the Governor’s Executibve orders. Attorney Brian Festa, We The Patriots USA co-founder and vice-president said this about the ruling:

“We are deeply disappointed by Judge Urias’s decision today. Governor Michelle Lujan Grisham’s executive order is a gross abuse of her authority, and a violation of her oath to uphold and defend the U.S. and New Mexico Constitutions. Instead of protecting the fine citizens of New Mexico, she has taken action that seriously jeopardizes public safety in a city that has one of the highest crime rates in the nation. We plan to swiftly appeal the court’s decision to the U.S. Court of Appeals for the Tenth Circuit.”

LAW ENFORCMENT REACTION TO ORDER

The court’s ruling means law enforcement agencies will be able to enforce that part of the governor’s order banning firearms only in “public parks and playgrounds” where children and their families gather. But that is easier said than done.

When the Governor’s Orders were first issued in September, both the Albuquerque Police Department and the Bernalillo County Sherriff’s Office said they would not enforce the orders.

APD Police Chief Harold Medina issued the following statement in reaction to the court’s recent ruling:

“Mayor Keller and I have worked to keep guns out of city parks and near schools in Downtown Albuquerque for the same reason guns are not allowed on school property. These should be safe spaces. Families should not be afraid to go to parks or take their kids to playgrounds. … APD will investigate all criminal offenses involving a firearm. When officers encounter individuals who violate the state’s emergency order and possession is the only violation, they will forward those cases to the New Mexico State Police.”

When the gun ban was initially issued in September, Bernalillo County Sherriff John Allen said it was unconstitutional and he  said  that his officers would not enforce it. Sherriff Allen said this at the time:

“I have enough violence here in Bernalillo County. I do not want to have political violence towards my deputies or here in Bernalillo County. … In reference to concealed carry and open carry, the Bernalillo County Sheriff’s office will not enforce this segment of the order.”

After the Court’s recent ruling, Sheriff Allen said this:

“I stand firm on what I said…getting repeat violent offenders with firearms off the street. That’s what we’re focused on.”

A spokesperson for the Bernalillo County Sheriff’s Office issued the following statement:

“The Sheriff’s Office will not enforce the public health order related to concealed and open carry in parks. Though we acknowledge the order’s intent, our attention is on the pressing violent crime issues in our community. We are prioritizing impactful initiatives, such as Operation Clean Sweep, that have a track record of reducing crime. Our dedication lies in strategic efforts and partnerships that genuinely address the gun violence crisis and improve quality of life.”

The New Mexico State Police did not explicitly say they would be giving people tickets for carrying guns in “public parks and playgrounds”. New Mexico State Police Chief Troy Weisler issued the following statement:

“The New Mexico State Police have been working hard in the Metro area, making a meaningful impact on crime.  This ruling provides law enforcement with additional enforcement options when applicable. Gun violence continues to disrupt lives every day and State Police will continue to protect the public by focusing our efforts on the offenders perpetrating that violence.”

Links to quoted news sources:

https://www.koat.com/article/federal-judge-wont-block-gun-carry-rights-new-mexico-parks-playgrounds/45514518

https://www.kob.com/new-mexico/gun-rights-advocacy-group-reacts-to-temporary-ban-of-guns-in-parks-playgrounds/

https://www.abqjournal.com/news/for-now-at-least-judge-permits-governors-gun-restrictions-at-parks-playgrounds/article_dfd2c7c2-688d-11ee-9946-331be3baf818.html#tncms-source=home-featured-7-block

https://www.krqe.com/home/will-law-enforcement-uphold-the-governors-updated-gun-ban-now-that-a-judge-upheld-it/

ORIGINAL EMERGENCY HEALTH ORDER

It was on Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The governor issued the restriction in the Emergency Health Order after the recent homicides of three children in Albuquerque, including an 11-year-old boy killed while he and his family drove away from an Albuquerque Isotopes baseball game.

The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

OTHER PROVISIONS OF PUBLIC HEALTH ORDER

In addition to the banning of the carrying of firearms, the original Health Order has the following provisions:

The Public Health Order requires monthly inspections of licensed firearm dealers and wastewater testing for certain drugs, such as fentanyl, at all public schools.

The Regulation and Licensing Division will conduct monthly inspections of licensed firearm dealers to ensure compliance with all sales and storage laws.

The Department of Health, along with the Environment Department, will begin wastewater testing for illegal substances such as fentanyl at schools.

The Department of Health will compile and issue a comprehensive report on gunshot victims presenting at hospitals in New Mexico, which shall include and if available:

1. Demographic data of gunshot victims, including age, gender, race, and ethnicity;
2. Data on gunshot victim’s healthcare outcomes;
3. The brand and caliber of the firearm used;
4. The general circumstances leading to the injury;
5. The impact of gunshot victims on New Mexico’s healthcare system;
6. Any other pertinent information,

The New Mexico State Police has added officers in Albuquerque with funding for overtime provided.

The Children, Youth and Families Department  immediately suspended the Juvenile Detention Alternative Initiative and evaluate juvenile probation protocols.

Violating the public health order could result in civil citations and penalties and a fine of up to $5,000.

https://www.governor.state.nm.us/2023/09/08/governor-announces-statewide-enforcement-plan-for-gun-violence-fentanyl-reduction-plan-includes-30-day-suspension-of-concealed-open-carry-in-albuquerque-and-bernalillo-county/

ALL HELL BREAKS LOOSE

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates. Albuquerque Police Chief Harold Medina, Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman and New Mexico Attorney General Raul Torrez all announced that they felt the Governor’s Emergency Public Health Order was Unconstitutional and proclaimed they had no intention of enforcing it.

FIRST HEARING RESULTS IN INJUNTION

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction and granted he granted the TRO. Judge Herrera Urias ruled that the gun carry restrictions in the governor’s original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense and granted a temporary restraining order blocking it. Judge Herrera Urias did not rule on the constitutionality of the remaining provisions of the order.

GOVERNOR RENEWS PUBLIC HEALTH ORDER

On Friday, October 6, Governor Michelle Lujan Grisham renewed the Public Health Order aimed at combating gun violence and added some new provisions. The renewed order will remain in effect until November 3.

Those new provisions include the state will organizing gun buy-backs in Albuquerque, Española and Las Cruces.

Another new provision is to provide treatment to those seeking help battling addictions. The state’s health care system is ordered to  ensure that those who request help with substance abuse receive “permanent, adequate treatment placement within 24 hours of the request.”

The expanded order also says the state’s Human Services Department will send letters requiring health care providers to “provide their plans to achieve continual behavioral health network adequacy.”

The renewal comes a little over a month after governor Governor Lujan Grisham declared gun violence a public health emergency following the high-profile shooting death of an 11-year-old boy, and initially enforced a short-lived ban on publicly carrying firearms in Bernalillo County.

Lujan Grisham said this in a statement:

“The fact of the matter is that New Mexicans are still being threatened, injured and killed by firearms. Just yesterday, two guns were found in the possession of students at an Albuquerque high school, and while thankfully no one was hurt, these incidents have profound psychological effects on our children. … The last four weeks have clearly demonstrated the impact we can have on violent crime when we work in better coordination, but the situation remains dire. We’re not letting up, and I’m continuing to make investments that drive down violence in our communities and protect our children.

During the press conference, the Governor said this:

“We want to demonstrate, and can today, that collected efforts and targeted resources can really make a difference in making an impact,” “We’re looking for sustainable long-term impacts that will stay the course so our communities are safer. … And we’re gonna keep at it until there’s not a single person in New Mexico who doesn’t feel like we’re turning the corner.”

The gun ban was clearly the most controversial part of the original September 8 Emergency Health Care Order. The Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Specifically, no firearms are to be allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.  The order quickly resulted in condemnation by conservative Republicans and gun rights advocates.  Several lawsuits, including from the National Rifle Association were filed and a federal judge blocked the ban in less than a week.

Lujan Grisham amended that portion of the order to only ban carrying guns in public parks and playgrounds across Bernalillo County, something the city of Albuquerque had already sought to do and which has been challenged in court. That too was challenged in court and the injunction was expanded.

The order also says the state’s Human Services Department will send letters requiring health care providers to “provide their plans to achieve continual behavioral health network adequacy.”

When asked how the Governor’s Office would achieve the new measures related to substance abuse in a state historically stretched thin in behavioral health care, spokeswoman Maddy Hayden said this:

“(The Public Health Department has) implemented new data and monitoring requirements to increase accountability to ensure that Managed Care Organizations are in compliance. … “Data collection is ongoing and we are working with the MCOs to make sure they are providing timely care.”

The extended order includes the several initial measures, including testing wastewater at schools for drugs like fentanyl, monthly inspections of licensed gun dealers for violations, allowing police to book juveniles into jail without social services’ permission and sending New Mexico State Police officers to help local authorities fight crime in Albuquerque and Bernalillo County.

While deputies and officers have arrested hundreds of people following the order, it is unclear what effect that has had on gun violence and where the other initiatives, such as testing school wastewater, stand.

The Governor Spokeswoman Maddy Hayden also address what is being done to combating gun violence.  Hayden told the Albuquerque Journal the Governor’s Office is working to gather current data on shootings to assess changes since the order was enacted. She said this:

“In the meantime, I can tell you that there has been an unprecedented coordinated effort among state and local partners to take action against violent offenders in Albuquerque.”

Hayden said they have not yet collected data to share on the testing of school wastewater for drugs.

State Health Secretary Patrick Allen said this in a statement

“Gun violence is a leading cause of death among young people in New Mexico. That should horrify all of us. … It’s vital that we all work to nurture a culture of responsible firearm ownership and safety. …By supplying free trigger locks and orchestrating safe surrender events, we join forces with our communities, courageously tackling the menace of gun violence to ensure the safety and well-being of every New Mexican.”

Links to quoted news sources are here:

https://www.abqjournal.com/news/gov-renews-public-health-order-tacks-on-gun-buy-backs-substance-abuse-treatment/article_2720d902-649c-11ee-b95c-7f35e6b94fc0.html

https://www.kob.com/new-mexico/new-mexico-governor-provides-update-on-crime-public-safety-initiatives/

https://www.santafenewmexican.com/news/local_news/governor-extends-albuquerque-gun-violence-order-and-adds-provisions/article_ebf45cc4-649f-11ee-98bd-53abb7190cd8.html#:~:text=Just%20days%20after%20a%20federal,she%20is%20renewing%20the%20order.

GOV.  MLG GIVES UPDATE

On October 10, Governor Lujan Grisham, along with members of her administration held a press conference and gave an update on the public safety initiatives under her Executive or and the Emergency Public Health Order.   During the news conference, the governor’s Cabinet members individually touted what they saw as the health order’s successes in tackling gun violence.  Those successes included the following:

• The arrest of 502 people in less than 20 days with at least a hundred on misdemeanors. There has been an increase in the number of average daily bookings at the Albuquerque Metropolitan Detention Center since the order. Recent arrests led to an 11% increase in the jail population at the Metropolitan Detention Center.    
• 20 seized guns in a city that saw more than 5,000 guns stolen and not recovered since 2018.
• 38 fewer gunshots across three days in the Albuquerque area. Last year the city saw an average of 100 bullets fired daily.
• Statewide juvenile detention population has gone up 16% since Sept. 20 as part of the order. 32 juveniles are now behind bars and 13 of those arrests required an override where a risk assessment tool suggested releasing them until trial. Four of the 13 had a gun on school property, one was detained for assault on a school employee, and 3 were in possession of a stolen vehicle and fleeing officers.

COMMENTARY AND ANALYSIS

It is difficult to understand let alone justify Governor Lujan Grisham’s stubbornness when it comes to both of her Emergency Health Orders by including banning the carrying of firearms, concealed or openly, in public places when she is an attorney, she should know better and understand the constitutional problems.   Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.  

A simple Executive Order containing all the other provisions of the two  orders, absent the gun ban, with  a law enforcement surge sustained indefinitely, would have accomplished just as much if not more with no backlash.  The truth is the Governor’s gun ban order accomplished very little other than ginning up the Republicans and Second Amendment Rights advocates that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants tangible results, she should call for the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act” during the upcoming 2024 legislative session or call for a special session. The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

Links to related blog articles are here:

Federal Judge Issues Temporarily Restraining Order Blocking Enforcement Of Two Provisions of Gov. MLG’s Ban On Carrying Guns In Public; TRO Includes Provision On Possession Of Firearms On State Property, Public Schools, And Public Parks; More State Police To City; Gov. Should Rescind Orders And Seek Omnibus Gun Control And Violent Crimes Sentencing  Act

Gov. MLG Declares Gun Violence Public Health Emergency; Public Health Care Order Issued Suspending Open and Concealed Gun Carry Laws;  Lawsuit Filed Claiming Orders Violate Second Amendment Rights; Governor’s Actions ILL Advised And She Should Retract Orders; Enact “Omnibus Gun Control And Violent Crime Sentencing Act”

On November 10, former New Mexico United State Attorney Damon Martinez announced that he is running for Bernalillo County District Attorney.  Martinez is now one of 2 candidates running against District Attorney Sam Bregman who was appointed on January 3 by Governor Michelle Lujan Grisham to fill the two year vacancy when former Bernalillo County District Attorney Raúl Torrez was elected New Mexico Attorney General.

DA Bregman announced in June that he is running to retain the post despite giving assurances to Governor Lujan Grisham he would not and would only serve 2 years. Both Martinez and Bregman were one of 14 attorneys who applied for Bernalillo County District Attorney’s  last year after Torrez was elected New Mexico Attorney General. The third candidate running in the Democratic primary is  Mathias Swonger  who is a public defender and who announced his candidacy on July 12. There a no Republicans being mentioned as running and none are expected to run and if that remains the case, whoever wins then Democratic primary in June will become District Attorney.

In a statement announcing his candidacy, Martinez said this:

“I am entering this race because this office and this moment demand leadership, experience, and integrity. … We are losing children and innocent bystanders to violent crimes and our small businesses are struggling to overcome theft and vandalism. The fentanyl epidemic is out of control and Bernalillo County families are looking for real solutions. …  I am answering the call to service because our current District Attorney is not providing the leadership and expertise that we so desperately need. Murders are being plead down and fentanyl dealers are serving one or two days in jail and then being released to continue terrorizing our streets. It has to stop and I have the experience and expertise that this moment demands.”

DA SAM BREGMAN RESPONDS

Bernalillo County District Attorney Sam Bregman released  the following statement about his two opponents:

I welcome both Matthias Swonger and Damon Martinez to the race for District Attorney. Since being appointed in early January of this year, I am proud of what we have accomplished. We have seen our conviction and pre-trial detention rates increase to levels we haven’t seen in years. We have identified and convicted numerous cold-case sexual assault perpetrators. We have implemented new policies to go after habitual shoplifters. And we have hired 40 new prosecutors which has led to our increased success. Being District Attorney of the largest county in New Mexico is not a job to be taken lightly. I have worked tirelessly over the past 10 months – even spending time in the courtroom myself – to ensure that our office has everything it needs to put violent criminals behind bars and make our community safer. I look forward to discussing the issues in this race with Mr. Swonger and Mr. Martinez.

ABOUT DAMON MARTINEZ

Damon Martinez was born and raised in Albuquerque, New Mexico. He earned a Bachelor of Arts in economics and political science from the University of New Mexico in 1989. In 1992, he earned his Juris Doctor from the University of New Mexico School of Law, followed by a Master of Business Administration from the Anderson School of Management in 1993.

From 1993 to 1996, Martinez worked as Legislative Assistant for Senator Jeff Bingaman. In 1999, he worked as Legislative Director for Senator Tom Udall. Martinez began working for the Las Cruces Branch Office of the United States District Court for the District of New Mexico in 2000. He transferred to the Albuquerque office in 2005, where he worked as First Assistant US Attorney and Supervisor of the Organized Crime and Gangs section. Martinez enlisted in the U.S. Army Reserve after the September 11, 2001, terrorist attacks, and became a judge advocate. He holds the rank of Lieutenant Colonel.

Martinez was appointed United States Attorney by President Barack Obama in 2013 and unanimously confirmed in the United States Senate in 2014. As United States Attorney, Martinez investigated sexual assault reporting at New Mexico universities. After finding inadequate policies and enforcement at the University of New Mexico, the United States Department of Justice reached an agreement to improve sexual assault tracking and increase student trainings on sexual misconduct.

Martinez took part in a $143 million settlement with the Chevron Corporation to clean up the Questa Mine near Taos, New Mexico in 2016. Under the agreement, Chevron Mining Inc. was required to open a wastewater treatment plan and cover more than 245 acres of my tailings.

As United States Attorney for the District of New Mexico, Damon Martinez played a critical role in the Court Approved Settlement Agreement (CASA) involving the Albuquerque Police Department after a Department of Justice (DOJ) investigation found a “culture of aggression” within APD. The DOJ investigation found that APD had engaged in a pattern of excessive use of force and deadly force, especially when dealing with the mentally ill. The Court Approved Settlement Agreement mandates sweeping police reform measures involving implementation of constitutional policing practices.

On March 11, 2017, Martinez was forced to step down as United State Attorney for the District of New Mexico  at the request of the newly appointed Attorney General  Jeff Sessions.  Martinez was one of 40 US Attorneys asked to resign amid President Donald Trump’s transition to power.

Martinez ran unsuccessfully in 2018 for the Democratic nomination for U.S. House, District 1.  Deb Haaland won the nomination with 41% of the primary vote and ultimately won the post. Martinez came in second with 26%, and former University of New Mexico law professor Antoinette Sedillo Lopez came in third with 21%.

After his primary campaign loss, Martinez was appointed by Mayor Tim Keller to the position of Senior Policy Advisor for the Albuquerque Police Department, a post he held until August when he resigned. He was paid $125,000 a year. His job duties included advising APD command staff and writing policy and acting as a lobbyist representing Albuquerque and testifying before the New Mexico legislature on law enforcement legislation.

Links to quoted source are here:

https://www.krqe.com/news/politics-government/damon-martinez-running-for-bernalillo-county-district-attorney/

https://www.abqjournal.com/news/damon-martinez-announces-bid-for-district-attorney/article_2336c47c-66ff-11ee-a403-aba26e20d364.html

https://en.wikipedia.org/wiki/Damon_Martinez

COMMENTARY AND ANALYSIS

There is no getting around it. With all the press DA Sam Bregman has been generating over the past 10  months since he was appointed and since announcing  he was running for a full 4 year term as District Attorney, he was no doubt hoping to “clear the field”.  He began his campaign with a very slick commercial, followed up with a number of fundraisers and recently with all sorts of endorsements over the last few weeks. Recent  Bregman endorsements  include Democrat US Rep. Melanie Stansbury, State Senate President Mimi Stewart, House Speaker Javier Martinez and Senator Jerry Ortiz y Pino. Endorsements from elected officials and the newspapers make a candidate feel good all over but other than that do not do much good to get a person elected.

Bregman will no doubt be well financed given his own personal wealth. Politcal insiders have said from day one of his appointment that he intended to run for a full term despite his assurances to the Governor that he would only serve the remaining 2 years of Raúl Torrez ‘s DA term. Bregman has said privately to confidential sources his ultimate goal is to get elected in 2024 as District Attorney and then turn around immediately  run for Mayor of Albuquerque in 2025  against Mayor Tim Keller seeing Keller as very weak. Bregman ran for Mayor before. Mayor Keller for his part is already making it known he is running for a third term in 2025, despite his extremely low approval ratings. One Albuquerque Journal poll in November of last year  had Keller with a 33% approval rating  and another private poll just a few months ago had Keller getting 18% and coming in third in a match up with 4 others.

As an Hispanic Democrat with significant name ID and one with the ability to raise a significant amount of money as he did when he ran for Congress, Damon Martinez is clearly an opponent to be contended with.  Although Sam Bregman is a respected trial attorney in his own right,  it was as a prominent criminal defense attorney.  Damon Martinez on the other hand  is considered a career prosecutor and his experience in law enforcement, in managing a large law prosecution firm and dealing with the New Mexico legislature far exceeds that of Bregman’s experience.

Then there is the wild card of public defender Mathias Swonger.  Mr. Swonger has served as a local public defender, in various capacities, for the past 11 years. He has offered a solid platform that can be reviewed in the below announcement blog article.

Links to 2 related blog articles are here:

DA Sam Bregman Announces Will Run For Full Term; Decision Made In May; Releases 2024 Campaign Commercial; Gov. MLG Gives Bregman “Cold Shoulder” With No Endorsement; A Six Month Office “Update” As Pre Trial Detentions Spike

Democrat Mathias Swonger Announces For Bernalillo County District Attorney; Challenges Governor Appointed DA Sam Bregman For Democratic Nomination; Expect Others

On October 18, 2022 Mayor Tim Keller announced his “Housing Forward ABQ Plan.” It is a “multifaceted initiative” where Mayor Keller  set the goal of the City of Albuquerque being involved with adding 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates each year.  According to Keller, the city is in a major “housing crisis” and the city needs as many as 33,000 new housing units immediately.

During his news conference announcing his “Housing Forward ABQ Plan” Keller emphasized the importance of amending the city’s Integrated Development Ordinance (IDO).  Keller said this:

“Right now our zoning code will never allow us to meet the housing demand in the city … If you want a place to advocate, if you want a place to change policy, if you want a place to argue, it’s all about the IDO [Integrated Development Ordinance] .  …  The proposed changes are intended to be transformative, which is fitting for the crisis facing our local government, thousands of families in our community, and our housing partners.”

To add the 5,000 new housing units across the city by 2025, Keller proposed that the City of Albuquerque fund and be involved with the construction of new low-income housing.  The strategy included a zoning code “rebalance” to increase population density in established neighborhoods. It included allowing “casitas” which under the zoning code are known as “accessory dwelling” units and duplex development on existing housing and other major changes relating to parking and height restrictions.  It included “motel conversions” and conversion of existing commercial office space to housing.  It also included enactment of ordinances to regulate the rental and apartment industry and promoting city sanctioned tent encampments for the unhoused.

Allowing both casita and duplex development, increasing density in established neighborhoods,  reducing parking  requirements in new developments as well as allowing increases in height restrictions were all changes strongly supported and lobbied for by the development community. The local chapter of the  National Association of Industrial and Office Parks (NAIOP) lobbied heavily in favor of Keller’s “Housing Forward ABQ Plan” even going as far as having its President and Vice President testify  before the City Council. NAIOP is considered the most influential business organization in the city consisting of developers, investors and contractors with membership in excess 300 with many bidding on city contracts.  NAIOP has its own politcal action committee and the organization endorsees candidates for Mayor and City Council while the membership donates to candidates.  NAIOP also sponsors bus tours by City Councilors in all 9 City Council Districts to help identify development.

FAILURES OUT WEIGH SUCCESSES OF KELLER’S HOUSING FOREWARD ABQ PLAN

Earlier this year, the Keller Administration was able to narrowly secure some victories on the “Housing Forward ABQ Plan.”   Measures that PASSED included allowing two “Safe Outdoor Spaces” in all 9 City Council Districts, casita construction in established residential areas of the city to increase density and reducing restrictions on motel conversion projects to allow for easier development.  Measures that FAILED included allowing duplex development on existing housing to increase density, reducing parking requirements for multifamily developments and increasing building heights for some apartment buildings.

Two new city council  ordinances that FAILED to be enacted by the city council included an ordinance requiring the disclosure and the  capping of fees on apartments and rental properties and to cap the number of short-term rentals in the city.

AMENDING CITY ZONING LAWS: CASITA’S IN, DUPLEX DEVELOPMENT OUT

Keller wanted to allow different forms of multi-unit housing development on existing residential properties.  City officials said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.

Keller pushed for enactment of two major amendments to the city’s zoning law known as the Integrated Development Ordinance (IDO)  as part of his Housing Forward ABQ Plan. One amendment allows one 750 foot “casita” or one  “accessory dwelling” unit on all built out lots which could double density to 240,000  housing units.  The second amendment would have allowed “duplex development” on existing residents where 750 square foot additions for separate housing would be allowed on existing residences which with casitas would have tripled density to 360,000.   Mayor Keller called the legislation “transformative” updates to Albuquerque’s Integrated Development Ordinance (IDO) to carry out his “Housing Forward ABQ”.  

The amendments contained in the legislation was to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing R-1 residential lot that already has single family house built on it in order to increase density. The amendments as originally proposed would allow one “casita” and one “duplex addition” with a kitchen and separate entrance to an existing structure on all built out lots.   City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.

The zoning code amendments would have made both casitas and duplex additions “permissive uses”.  Historically, they have always been “conditional uses”.  A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights.  A “permissive use” would give the Planning Department exclusive authority to issue permits for construction without notices and hearings and with no appeal process to surrounding property owners. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions.

On June 21 the Albuquerque City Council voted 5-4 to approve the zoning code changes with amendments made to the  Integrated Development Ordinance.  The version of the bill that ultimately passed on a 5-4 vote was amended extensively. The city council voted to allow casita construction as a “permissive use” in all single-family R–1 zone and reduce parking requirements for some multifamily properties and changing building height limitations. This was a major change supported by the development community. The city council voted to strike the amendment and to not allow duplexes to be permissively zoned in R–1 zone areas, which make up about two-thirds of the city.

LOWERING THE BAR 

On July 6, Mayor Tim Keller signed into law the zoning amendments that embody his “Housing Forward ABQ Plan”.  It allows  casita construction on 68% of all built out residential lots in the city.  Casita construction is now a “permissive use” on all single-family R–1 zones giving the Planning Department exclusive authority to approve casitas over objections of adjoining property owners.

Mayor Keller announced his administration’s goal is to review and approve 1,000 new casitas all over the city by 2025.  Keller announced the Planning Department will also “lower the bar” for property owners to build casitas and provide pre-approved casita designs. The city also wants to provide loans for building costs to homeowners that agree to rent their casita to those who use Section 8 housing vouchers.

MOTEL CONVERSIONS IN, COMMERCIAL OFFICE SPACE CONVERSIONS ABANDONED

Mayor Keller’s “Housing Forward ABQ” places great emphasis on “motel conversions”.  A zoning change already enacted by the city council in early 2022 year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven. The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens.  An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing.

MOTEL CONVERSIONS COSTLY

“Motel conversions” is  where the City’s Family & Community Services Department  acquires  and renovates existing motels to develop low-income affordable housing options. Keller’s plan calls for hotel or motel conversions to house 1,000 people by 2025.

The Keller Administration proclaims that motel conversions are a critical strategy for addressing the city’s housing shortage. The city proclaims motels conversions are a simpler, lower-cost alternative to ground-up construction. It will require city social services to regularly assist residents. The homeless or the near homeless would be offered the housing likely on a first come first served basis and with rules and regulations they will have to agree to.

On February 11, 2023 it was reported that the City of Albuquerque executed a purchase agreement for the purchase of the Sure Stay Hotel located at 10330 Hotel NE for $5.7 million to convert the 104-room hotel into 100 efficiency units. The $5.7 million purchase price for the 104-unit complex translates into $53,807.69 per unit ($5.7 Million ÷ 104 = $53,807.69 per unit).

At a December 6, 2022 meeting on motel conversions, city officials said that the city’s estimated cost is $100,000 per unit to fix up or remodel existing motels. Using the city’s own estimated remodeling costs for the Sure Stay Motel, an additional $10 Million will be needed to remodel the motel for low income housing. ($100,000 per unit X 100 efficiency apartments = $10 Million). Therefore, the entire Sure Stay conversion project will have an estimated cost of $15,700,000.  ($5.7 purchase cost + $10 Million remodeling cost = $15,700,000)

City officials have said there is funding available for only one more motel purchase.

COMMERCIAL OFFICE SPACE CONVERSIONS

According to Keller’ plan, the city wanted to convert commercial office space into to residential use. The Keller administration proposed  $5 million to offset developer costs with the aim of transitioning 10 commercial  properties  and creating 1,000 new housing units.

The Keller Administration early on announced that the conversion office space plan is a heavy lift for the city and the city has yet to acquire a single commercial office building to be converted into residential use.

“SAFE OUTDOOR SPACES”

 Although Safe Outdoor Spaces for the unhoused was not announced as part of Mayor Keller’s original “Housing Forward ABQ Plan”,  they nevertheless required major changes to the Integrated Development Ordinance. They dove tail into Keller’s overall approach to what he labeled an  “all above approach” to address the city’s housing shortage and to deal with the unhoused.   Safe Outdoor Spaces became one of the most divisive issues dealt with by the City Council in some time. It not only divided the city council but also resulted in major opposition by neighborhood associations and homeowners.

Opposition to Safe Outdoor Spaces was shamelessly dismissed as “not in my backyard.” Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.

It was April 1, 2022, in his proposed 2022-2023 budget, that Mayor Tim Keller,  advocated and  supported an amendment to the Integrated Development Ordinance that allows for the land use known as “Safe Outdoor Spaces” to deal with the homeless crisis.  “Safe outdoor spaces” will permit 2 homeless encampments in all 9 city council districts with 40 designated spaces for tents, they will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. Although the Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts, the cap would not apply to those hosted by religious institutions.

On June 6,  2022 despite significant public outcry against Safe Outdoor Spaces  the Albuquerque City Council enacted the legislation and passed it  on a 5 to 4. On December 5, 2022 the City Council voted on a 5 to  4 vote to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use.  Mayor Tim Keller vetoed the legislation. It was the councils third attempt to reverse its own decision in June to allow Safe Outdoor Spaces with one vote defunding them.

On January 4,  2023 the city council attempted to “override” Keller’s veto, but failed to secure the necessary 6 votes.

Initially, there were 6 applications for Safe Outdoor Spaces, but only 3 were approved with one of those approved abandoned because the city sold the property to where it was to be located.

Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances, such was the case with Coronado Park.  The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

AGGRESSIVE ORDINACES TO REGULATE

Keller’s “Housing Forward ABQ Plan” attempted  to address the shortage of affordable housing with two very aggressive new ordinances. Both failed.  Those new ordinances were:

1. The “Residential Tenant Protection Ordinance” totarget what was declared “deceptive” practices and “unreasonable” fees charged by residential rental  proper owners and landlords. 
2. The “Residential Rental Permit Ordinance” limiting and placing caps on short term rentals.

RESIDENTIAL RENTAL PERMIT ORDINANCE FAILS

The Keller Administration made a part of the “Housing Forward ABQ  Plan” the “Residential Tenant Protection Ordinance” sponsored by District 7 Albuquerque City Councilor Tammy Fiebelkorn.  The ordinance was proclaimed  to protect tenants from “predatory practices such as excessive application fees, clarifying that deposits must be refundable and capping other fees, especially in complexes that accept vouchers.”

The ordinance was viewed as a form of or an attempt at at rent control.  City Councilor Tammy Fiebelkorn is a strong advocate of rent control and became upset when the city council would not support rent control and when the New Mexico legislature also  rejected rent control in the last legislative session.

At the time of introduction, Fiebelkorn said tenants complained that they were paying a lot more for the apartments they rented than they expected because of “hidden fees”. The bill would have required landlords to post a list of application fees, minimum income and credit score requirements, plus background check results that could disqualify applicants.

The bill would have required the following:

• Rental property owners and landlords would be required to make upfront disclosures to potential applicants.
• Rental property owners and landlords would have to list any parking, amenity, pet or other fees, as well as any financial penalties tenants might face for late payments or other lease violations.
• Rental property owners and landlords would also have to outline certain terms of their tenant-screening process so that would-be applicants knew ahead of time if they must have a specific credit score or income to qualify.
• All application fees would be limited to $150 and require landlords refund it in cases where they rented the unit to someone else before processing others’ applications or when they denied an applicant without providing a reason.
• Rental property owners and landlords   would have been prohibited from mandating that tenants have insurance for their personal property, though they could have still required that renters have insurance to cover damage to the rental unit.

Supporters described the bill as “common sense” protections for tenants. They argued the regulations would ease the burden on lower-income renters who currently struggle to pay multiple application fees and who need to know and plan for about all the fees they will have to pay while in a rental agreement.

Opponents of the bill, including the rental industry representatives, said it was “meddlesome”, “cumbersome”, “unnecessary” and interfered with property rights and contract rights and was an attempt at rent control .   It was argued passage would likely result in the raising of  rents to account for the new regulations.

On March 6, 2023 the Albuquerque City Council voted  4  YES and 5  NO  to kill Fiebelkorn’s “Residential Protection  Ordinance” as it had been amended since introduction in November of 2022.

RESIDENTIAL RENTAL PERMIT ORDINANCE FAILS

It was Progressive Democrat Albuquerque City Councilor Tammy Fiebelkorn who sponsored the Residential Rental Permit Ordinance.   On Monday August 21, 2023  the Albuquerque City Council  voted 3 YES and 6 NO to place a cap on the number of short-term rentals in the city in addition to the requirements of the 2020 short-term rental ordinance which requires short-term rental owners to obtain a permit and set certain occupancy limits. Progressive Democrats Councilors Pat Davis, Tammy Fiebelkorn and Isaac Benton voted in favor.  Conservative Republicans Councilors Dan Lewis, Brook Bassan, Renée Grout, and Trudy Jones voted against. Conservative Democrats Louie Sanchez and moderate Democrat Klarissa Peña voted against it.

The Keller Administration argued that there is a need to protect existing housing stock to make it available to all permanent residents and future residents so that they will always have access to a safe, stable home. The goal of the ordinance was to cap the number of short-term rentals like Airbnb and VRBO in an attempt to stop housing units from being removed from the overall housing market reducing the availability of homes for sale. The initiative was intended to boost housing stock in Albuquerque.

Under the original legislation, the permit cap would have been set at 1,800. The cap was raised from 1,200 in the original legislation to accommodate all current rentals in the city. In addition to the cap, the ordinance would have done the following:

• Limit the number of permits per owner to 3.
• People who currently own more than three rental properties would be able to keep all of their properties, and renew those permits in perpetuity but they would be prohibited from adding properties.
• All existing rental properties would be grandfathered into the 1,800 cap.
• Require a manager, either the owner or another party, to live or be based within 20 miles of the city limits, and be available 24/7 to respond to maintenance issues, security concerns, and complaints
• Require the manager’s contact information be included on the permit application
• Limit permits to natural persons, as opposed to corporations or other business entities
• Limit the number of rentals to 3 per individual operator. People who already own more than 3 rentals would be grandfathered in  and be able to renew permits for all their properties.
• Properties available for mid-length stays for traveling nurses or other transient workers would not be included. Only properties offering stays of 30 days or less will be included
• Corporations would still be able to own short-term rentals, but they would need to find a local manager to list their contact information and be available to guests.
• Increase the civil penalties for non-compliance with the ordinance.

During the August 21, 2023 city council meeting a floor substitute for the ordinance was introduced which revised and removed much of the original legislation. The cap, local manager, and individual limits were removed.  In their place was a minimum distance of 330 feet between short-term rental units. It also would have removed the criminal penalties for violations of existing short-term rental regulations.

The floor substitute failed and councilors voted 6-3 against adopting the replacement. Subsequently, the original legislation also failed 6-3. Progressive City Councilors Pat Davis, Tammy Fiebelkorn and Isaac Benton voted in favor.  Conservative Republican City Councilors Dan Lewis, Brook Bassan, Renée Grout, Trudy Jones, Conservative Democrat Louis Sanches and Moderate Democrat Klarissa Peña voted against.

NEW DEPARTMENT CREATED

On September 15, 2023, Mayor Tim Keller announced he was dividing the Department of Family & Community Services into two major departments: The Youth & Family Services Department and the Health, Housing & Homelessness Department. According to the announcement, homelessness and youth opportunity are two of the major priorities of the Keller Administration, and the reorganization will ensure these  issues receive the focus and attention they deserve.

Carol Pierce, the former Director of the Family and Community Services Department was appointed Director of the Health, Housing & Homelessness (HHH).  The new department will oversees homelessness programs, affordable housing, behavioral health, and health & social service centers.

Katarina Sandoval was appointed the Director of the Youth & Family Services Department.  The new department  oversees  youth programs, community centers, educational initiatives, child and family development, the Area Agency on Aging, and the new Public Education Support division to coordinate closely with APS.

https://www.cabq.gov/family/news/city-creates-new-departments-of-health-housing-homelessness-youth-family-services

CITY COUNCIL GETS UPDATE ON HOUSING GOALS

On September 19 the Albuquerque City Council was given an update on Keller’s  Housing ABQ Forward Plan and  the city’s efforts to bring 5,000 housing units to Albuquerque by 2025 with  city support.   City Councilors have repeatedly asked for an update from the Department of Family and Community Services.  The update report was on the city’s housing projects from the last 5 years  as well as plans to increase unit production before 2025.  The Keller Administration again cited a 30,000-unit shortage of housing and a need for 15,500 affordable housing units. The topic of the unhoused was also brought up by city councilors.

Joseph Montoya, the city’s new Deputy Director of Housing, made an in-depth presentation that laid out what the city has been doing and how they plan to address the affordable housing shortage.  Montoya said the goal was 30,000 units of new housing over the next 5 years. Out of that number, at least 5,000 units of affordable housing are needed. The 5,000 units of affordable housing by the city has from the get go been the goal of the “Housing Forward ABQ Plan.”

STATISTICS PRESENTED

Over the past 5 years, the city has supported the construction of 2,224 housing units, 1,021 of which are subsidized for low to moderate income tenants. On average, the city has been producing between 200 and 250 affordable units per year, for  about 450 units total. The city now has a goal of producing 1,000 affordable housing units per year. To reach that goal, the current housing output will have to at least quadruple.

Montoya gave the following statistics:

• Nearly half of renters are rent-burdened.
• Rents have increased 20% since 2021.
• The median house price is $360,000.
• The city’s current waiting list for help with housing is about 800 people long.
• The city needs to produce 1,500 new units a year to keep up however only 200-250 units are being produced.

Montoya said this:

“[These are] the worst stats I’ve seen to date.”

In addition to the initiatives already in place, Montoya outlined additional strategies the city would like to use. Those  strategies include:

• Expediting planning approvals for affordable housing developments,
• Opening request for proposals, known as RFPs, to “for-profit” as well as nonprofit developers,
• Creating a loan fund for homeowners building affordable accessory dwelling units.
• Align the city’s RFP process with the Metropolitan Redevelopment Agency and to create funding packages for developers.

Montoya is  asking  for a $20 million per year budget to focus on housing initiatives in the city.

HEATED DISCUSSION

City Council President Pat Davis said the statistics Montoya provided do not add up.  It was noted the city has  the  goal of producing 1,000 affordable housing units per year. To reach that goal, the current housing output will have to at least quadruple. Davis pointed  to the hundreds of people waiting for housing vouchers and a comparatively low number of affordable units being built. Davis said this:

“The math doesn’t match… We have 800 people on a housing voucher waiting list. … This doesn’t create the number of units for people on the waiting list.”

After Deputy Director of housing Joseph Montoya made his presentation, City Councilors turned their  attention  to the question of the new Gateway Center 24-7 homeless shelter. In particular, the council wanted to know  0nce people leave the Gateway Center to move into permanent housing, will they have a place to go?

Davis also questioned if people leaving the Gateway Center to move into permanent housing would be met with a dearth of housing and be pushed back onto the street.

“There’s no point in building the front door in Gateway if there’s nowhere to put them out. … At current capacity, this [building rate] does not get us to meeting the outflow need.”

City Councilor Tammy Fiebelkorn asked why, despite the change to the city’s zoning code earlier in the year to make motel conversions easier, there had only been one motel conversion over the past 5 years. Montoya said the city has only purchased one motel and is in conversations to purchase another.

Fiebelkorn  raised the alarm that several projects supported by the city either had 100% affordable housing or 0%. Fiebelkorn said this:

“It’s my understanding from all the research and analysis that we should be moving towards mixed-income development. … Why are we not seeing affordable housing in all of them?”

Community members also raised concerns. Housing advocates spoke during public comment at the meeting.   Several objected to  opening RFPs to private developers and called for publicly-owned housing instead. Cameron Martinez said this:

“There’s many, many property management companies where profit is a priority over the well-being of the community. ” … We need permanently affordable, dignified housing in this city.”

Montoya agreed the housing crisis can have dire consequences for the city. Montoya said this:

“You lose history, you lose culture. … You lose everything that Albuquerque stands for.”

Links to quoted news source material are here:

https://www.abqjournal.com/news/the-worst-stats-ive-seen-to-date-city-outlines-strategies-to-ramp-up-housing-production/article_9f084642-5729-11ee-80e5-4384fce5a740.html

https://www.abq.news/stories/council-watch-brief-meeting-big-words,45484?newsletter=45468

COMMENTARY AND ANALYSIS

The housing shortage is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans. The shortage of rental properties has resulted in dramatic increases in rents.

Simply put, Keller  used a short-term housing “crunch” to declare it a “housing crisis” in order to shove his “HOUSING FORWARD ABQ PLAN” down the throats of the city residents and property owners. Keller used the current  housing crunch to declare a housing crisis to advocate major zoning changes that will increase density and destroy neighborhoods relying on neighborhoods, investors and developers to increase density by laxing zoning restriction for developers.

Keller’s “HOUSING FORWARD ABQ PLAN” empowers the Planning Department to unilaterally issue “permissive uses” for “casitas” on existing structures.  The Planning Department is now allowed to exclude the general public from the permissible use application and deny adjacent property owners the right to object and appeal casitas. It essentially will require property owners to sue adjoining property owners to enforce covenants and restrictions.

“HOUSING FORWARD ABQ” is an aggressive approach to allow the city Family and Community Services department to become alarmingly involved with acquisition of private property to promote Keller’s politcal agenda to supplement the housing market with low income housing  when the city should be concentrating on providing basic essential services. The Keller Administration is emphasizing the homeless crisis as a rues to promote the “HOUSING FORWARD ABQ” when the plan has nothing to do with housing the homeless and everything to do with increasing housing density in established neighborhood.

Mayor Tim Keller’s Housing Foreword ABQ Plan is a city policy abomination that favors developers and the city’s construction industry over neighborhoods.  Given the public’s negative reaction at all 5 of the public meetings, there exists strong public hostility and mistrust.  Keller’s Housing Foreword ABQ Plan  was rejected by city residents as going way too far and the Albuquerque City Council essentially did the same by voting down many of the initiatives it contained.  Keller boldly proclaimed his Housing Foreward Plan was “transformational.”  The only thing transformational about it is that it will destroy historic neighborhoods and the character of established neighborhoods.

KELLER CATERING TO DEVELOPERS

The Integrated Development Ordinance  was enacted a mere few weeks before Tim Keller was elected Mayor the first time in 2017. When then New Mexico Auditor Tim Keller was running for Mayor he had nothing to say publicly about the IDO and gave no position on it.  He did proclaim he was the most uniquely qualified to be Mayor despite lacking any experience in municipal affairs and city zoning matters. The likely reason for not taking a position on the IDO was his sure ignorance of municipal land use planning and zoning matters, something he was never exposed to in his career as a State Senator and State Auditor.

Five years later, Keller ostensibly had some sort of epiphany and education and proclaims the IDO is outdated.  It’s very difficult, if not outright laughable, to take Mayor Tim Keller serious when he proclaimed the city’s Integrated Development Ordinance (IDO), which lays out highly complicated zoning and subdivision regulations, as being outdated given that it was enacted in 2017 by the city council on an 8-1 vote.

For decades, investors, developers and construction contractors have objected to sector development  plans proclaiming they were too burdensome and stifled development.   They have wanted a loosening of the zoning laws to allow for casitas and duplexes and reducing parking requirements in new developments as well as allowing increases in height restrictions. The Integrated Development Ordinance repealed upwards of 60 sector development plans.

What  really happened with Mayor Tim Keller’s “transformative changes” to  the Integrated Development Ordinance and his  “Housing Forward ABQ” plan is  Keller  catered to the development community as he  pretended  to be an expert in housing development and zoning matters.  Keller relied on his exaggeration of  the city’s housing crisis and homeless crisis to seek further changes to the city’s zoning code to help the development community and using city funding to do it.

ANOTHER RUSH JOB TO FAVOR DEVELOPERS

Simply put, the IDO is and has always been an abomination that favors developers and the city’s construction industry. The 2017 rewrite was a rush job.  It took a mere 2 years to rewrite the entire zoning code and it emerged as the Integrated Development Ordinance (IDO). It was in late 2017, just a few weeks before the municipal election and the election of Mayor Tim Keller, that the City Council rushed to vote for the final adoption of the IDO comprehensive plan on an 8-1 vote.

The rush job on city zoning to favor developers happened again. This time, Mayor Tim Keller had City Councilors Isaac Benton, a retired architect, and Republican Trudy Jones, a retired realtor to carry his water for him by sponsoring the legislation.

The regular 2023 municipal election to elect City Councilors for City Council Districts 2, 4, 6, and 8 will be held on November 7, 2023 along with $200 Million in bonds to be approved by city voters. Incumbent Progressive Democrat City Councilors Isaac Benton and Pat Davis and Conservative Republican Trudy Jones, big supporters of the Mayor’s legacy projects, are not running for another term.

The November 7 municipal election could shift city council majority control from the current 5 Democrats to Republican control or perhaps a far more conservative shift to challenge Mayor Keller’s political agenda on land use issues that favors developers. It’s an agenda that needs to be challenged.

Links to related blog articles are here:

An In-Depth Analysis of Mayor Keller’s “Housing Forward ABQ Plan”; Plan Met With Hostility And Mistrust by Public; Viewed As Destroying Neighborhoods To Benefit Developers

 

Three Set Backs To Mayor Tim Keller’s Housing ABQ Forward Plan; City Council Kills Short Term Rental Regulations; Keller’s Interference With Rental Housing Industry And Real Property Rights No Answer To Housing Shortage Even As Keller Caters To Developers

 

 

In the last week of August, 2023, The New Mexico Coalition End Homelessness released the 2023 “Point In Time” (PIT) survey on New Mexico homelessness. This blog article is a report on the 2023 survey results.  The link to review the entire 31-page 2023 PIT Report with graphs and charts is here:

https://www.nmceh.org/_files/ugd/ad7ad8_6d9bf66e3a5d407eaad310cc44ecaf82.pdf

POINT IN TIME COUNT EXPLAINED

The PIT count is the annual process of identifying and counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels. This year’s PIT  count occurred from January 31st through February 3rd.

HUD requires that any community receiving federal funding from homeless assistance grant programs conduct the annual count. In even numbered years, only sheltered homeless are surveyed. In odd numbered years, both sheltered and unsheltered homeless are surveyed. Only those homeless people who can be located and who agree to participate in the survey are counted.

The PIT count requires the use of the HUD definition of “homelessness”. PIT counts only people who are sleeping in a shelter, in transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends

HUD defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” It does not include people who are doubled up with family or friends.  HUD defines “unsheltered homeless” as those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.

The PIT count has the following 3 major categories of homelessness it reports on:

SHELTERED COUNT:  The sheltered count represents all people residing in Emergency Shelters (ES) and Transitional Housing (TH) projects.

UNSHELTERED COUNT uses surveys and street outreach to account for individuals and families experiencing unsheltered homelessness on the night of the count.  The New Mexico Coalition to End Homelessness coordinated a number of street outreach teams and volunteers across the state, canvassing neighborhoods, alleys, parks, high-traffic areas, known encampments and points of congregation, meal service sites, and general service sites to engage and survey people who identified as being in a homeless situation.

HOUSING INVENTORY COUNT (HIC): The Housing Inventory Count is an inventory of provider programs that provides a total number of beds and units dedicated to serving people experiencing homelessness, and, for permanent housing projects, individuals who were homeless at entry.  The HIC counts beds in four Program Types: Emergency Shelter; Transitional Housing; Rapid Re-Housing; and Permanent Supportive Housing.

The Sheltered, Unsheltered, and Housing Inventory counts attempt to paint a complete picture of our homelessness response system, with the sheltered and unsheltered counts illustrating the need for services and the HIC demonstrating  capacity for providing those services.

2023 POINT-IN-TIME (PIT) REPORT

The total number of the unhoused in the  city of Albuquerque dwarfs in sure numbers the total number of the unhoused in the state of New Mexico. For this reason, the 2023 Point In Time Survey release by the New Mexico Coalition End Homelessness first reports on the unsheltered and sheltered people experiencing homelessness in Albuquerque. It then reports on the unsheltered and sheltered people experiencing homelessness in the State referred to as the Balance of the State.

ALBUQUERQUE UNSHELTERED DATA BREAKDOWN

HOUSEHOLDS COUNTED IN ALBUQUERQUE

The total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 30, 2023 was 1,980. (Households include those with or without children or only children.)  The breakdown is as follows:

• Emergency Shelters: 864
• Transitional Housing: 187
• Unsheltered: 928

TOTAL HOUSEHOLDS:  1,980

PERSONS COUNTED IN ALBUQUERQUE

The total count of PERSONS  experiencing homelessness in Albuquerque on January 30, 2023 was 2,394 broken down in 3 categories.

• Emergency Shelters: 1,125
• Transitional Housing: 292
• Unsheltered: 977

TOTAL PERSONS: 2,394.

ALBUQUERQUE’S 2009 TO 2023 STATISTICS

Total number of PEOPLE counted during the Albuquerque Point-in-Time counts from 2009  to 2023 to establish a graphic trend line for the period  are as follows:

• 2009: 2,002
• 2011: 1,639
• 2013: 1,171
• 2015: 1,287
• 2017: 1,318
• 2019: 1,524
• 2021: 1,567
• 2022: 1,311
• 2023: 2,394

The data breakdown for the  2023 Albuquerque UNSHELTERED was reported as follows:

• 790 (81%) were considered chronically homeless
•   78 (  8%) were veterans
• 387 (40%) were experiencing homelessness for the first time 
• 150 (15%) were homeless due to domestic violence
• 488 (50%) were adults with a serious mental illness
• 436 (45%) were adults with a substance abuse disorder

DEMOGRAPHIC BREAKDOWNS

The following demographic breakdowns are given for Albuquerque 2023 UNSHELTER count:

GENDER (ALBUQUERQUE UNSHELTER COUNT)

• MALE: 648
• FEMALE: 314
• A GENDER OTHER THAN SINGULARLY FEMALE OR MALE: 5
• QUESTIONING: 3
• TRANSGENDER: 7

AGE CATEGORIES (ALBUQUERQUE UNSHELTER COUNT)

• Under 18: 26
• 18-24: 67
• 25-34: 242
• 35-44: 303
• 45-54: 198
• 55-64: 11
• 65 and over: 30

ETHNICITY (ALBUQUERQUE UNSHELTER COUNT)

• HISPANIC: 525  (53.7%)
• NON HIPANIC: 452  (46.3%)

RACE (ALBUQUERQUE UNSHELTER COUNT)

• HISPANIC:40.7%
• WHITE: 29.8%
• AMERICAN INDIAN, INDIGENOUS:14.5%
• AFRICAN AMERICAN: 8.6%
• OTHERS: 6.4%

 REASONS GIVEN FOR NOT USING SHELTERS IN ALBUQUERQUE

Respondents were asked, “Why do you not use the shelter system?” Common themes identified in the qualitative data collected include the following:

• Previous negative experiences (121)
• Safety concerns (109) 
• Unhygienic (94)
• Stringent shelter policies (88)
• Accessibility issues (83)
• Criminal activity (51)
• Overcrowding (49)
• Staff conduct (39)
• Impact on mental health (39)
• Would rather stay on streets or in car (26)
• Separation of households (25)
• Like a prison or jail (21)
• Substance use at shelters (21)
• Uncomfortable/Stigmatized (17)
• Don’t know how it works/about shelters (16)
• Predatory behavior (sexual assault, rape, etc) (16)

SURVEYS AGREED TO VERSUS SURVEYS DECLINED

For the first time in 2023, the PIT survey reported the total number of individuals from whom surveys were taken and the total number of individuals who refused to participate. It was argued that these statistics are but one of the many reasons to believe the PIT is an undercount.

• Agreed to and submitted surveys taken: 623
• Refusals: 346

ALBUQUERQUE’S UNSHELTERED COUNT OVER TIME

The 2023 PIT report  contains the count of people experiencing UNSHELTERED homelessness in Albuquerque during the years 2009-2023 to establish a graphic trend line for the period. The yearly numbers  are as follows:

• 2011: 658
• 2012  621
• 2013: 619
• 2014: 614
• 2015: 659
• 2016: 674
• 2017: 706
• 2018: 711
• 2019: 735
• 2020: 808
• 2021: 940
• 2022: 940
• 2023: 1,125

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

The 2023 PIT survey provides the estimated number of people experiencing unsheltered homelessness in the Balance of State.  (Households include those with or without children or only children.)

HOUSEHOLDS COUNTED IN BALANCE OF THE STATE

The total count of HOUSEHOLDS experiencing homelessness in the Balance of State on January 30, 2023 was 1,075  broken down as follows:

• Emergency Shelters: 452
• Transitional Housing: 58
• Unsheltered: 565

TOTAL HOUSEHOLDS:  1,075

INDIVIDUALS COUNTED IN BALANCE OF STATE

The total count of PERSONS  experiencing homelessness in the Balance of the State on January 30, 2023 was 1,448.

• Emergency Shelters: 665
• Transitional Housing: 160
• Unsheltered: 623

TOTAL PERSONS: 1,448

BALANCD OF THE STATE 2009 TO 2023 STATISTICS

Following are the number of unsheltered people counted in the BALANCE OF THE STATE for the odd number years 2009-2023 to establish a graphic trend line:

• 2009: 1,473
• 2011: 1,962
• 2013: 1,648
• 2015: 1,342
• 2017: 1,164
• 2019: 1,717
• 2021: 1,180
• 2022: 1,283
• 2023: 1,448 

BALANCE OF STATE UNSHELTERED DATA BREAKDOWN

• 315 (51%) were considered chronically homeless
• 68 (11%) were veterans 
• 219 (35%) were experiencing homelessness for the first time 
• 99 (16%) were homeless due to domestic violence 
• 78 (13%) were adults with a serious mental illness 
• 81 (13%) were adults with a substance use disorder

GENDER  (UNSHELTER COUNT, BALANCE OF THE STATE)

• MALE: 421
• FEMALE: 189
• A Gender other than singularly female or male: 4
• Questioning: 4
• Transgender: 5

AGE CATEGORIES  (UNSHELTER COUNT, BALANCE OF THE STATE)

• Under 18: 35
• 18-24: 55
• 25-34: 143
• 35-44: 157
• 45-54: 136
• 55-64: 69
• 65 and over: 28

ETHNICITY (UNSHELTER COUNT, BALANCE OF THE STATE)

• HISPANIC: 314 (50.4%)
• NON HIPANIC: 309 (49.6%)

RACE  (UNSHELTER COUNT, BALANCE OF THE STATE)

• WHITE: 62.4%
• AMERICAN INDIAN, INDIGENOUS: 28.3%
• AFRICAN AMERICAN: 6.6%

BALANCE OF STATE SHELTERED COUNT TOTALS from 2011 TO 2023

• 2011: 1,035
• 2012: 759
• 2013: 876
• 2014: 795
• 2015: 728
• 2016: 567
• 2017: 548
• 2018: 657
• 2019: 881
• 2020: 895
• 2021: 702
• 2022: 785
• 2023: 665

BALANCE OF STATE TRANSITIONAL HOUSING COUNT FROM 2011 TO 2023

• 2011:  466
• 2012  594
• 2013: 488
• 2014: 413
• 2015: 343
• 2016: 203
• 2017: 204
• 2018: 142
• 2019: 144
• 2020: 160
• 2021: 116
• 2022: 107
• 2023: 292

RACIAL DISPARITIES

The 2023 PIT survey for the first time examined RACIAL disparities.

UNSHELTERED IN ALBUQUERQUE

• In Albuquerque, Native Americans comprise 4.8% of its population, while they comprise 21.1%  of the total unsheltered for 2023.
• In Albuquerque, African Americans comprise 3,2% of its population, while they comprise 11.9%  of the total unsheltered for 2023.

EMERGENCY SHELTER IN ALBUQUERQUE

• In Albuquerque,  Native Americans comprise 4.8% of its population, while they comprise 11.5% of the total sheltered for 2023.
• In Albuquerque, African Americans comprise 3,2% of its population, while they comprise 10.4%  of the total sheltered for 2023.

BALANCE OF THE STATE

UNSHELTERED IN BALANCE OF STATE

• In the Balance of the State, Native Americans comprise 11.2% of the total population, while they comprise 28.3% of those unsheltered.
• In the Balance of the State, African  Americans comprise 2.7% of the total population, while they comprise 6.6% of those unsheltered

 EMERGENCY SHELTERED IN BALANCE OF STATE

• In the Balance of the State, Native Americans comprise 11.2% of the total state population, while they comprise 22.9% of those in emergency shelter.
• In the Balance of the State, African Americans comprise 2.7% of the total state population, while they comprise 11.7% of those in emergency shelter.

SUMMATION OF STATISTICS

The total count of PERSONS experiencing homelessness in Albuquerque on January 30, 2023 was 2,394 broken down in 3 categories.

• Emergency Shelters: 1,125
• Transitional Housing: 292
• Unsheltered: 977

 TOTAL PERSONS: 2,394.

The total count of PERSONS experiencing homelessness in the Balance of the State on January 30, 2023 was 1,448.

• Emergency Shelters: 665
• Transitional Housing: 160
• Unsheltered: 623

TOTAL PERSONS: 1,448

Relying on the total numbers found for the number of HOMELESS, those in Emergency Shelters, those in Transitional Housing, and those Unsheltered contained in the 2023 PIT Survey, the following is calculated:

1. The total number of HOMELESS as reported by the 2023 Point In Time Survey is 3,842 calculated as follows:

• 2,394 persons counted HOMELESS in Albuquerque
• 1,448 persons counted HOMELESS in Balance of State
• 3,842 TOTAL PERSONS COUNTED AS HOMELESS

2. The total number persons in EMERGENCY SHELTERS reported by the 2023 Point In Time Survey is 1,790 calculated as follows:

• 1,125   persons counted in emergency shelters in Albuquerque
•    665   persons counted in emergency shelters Balance of State
•  1,790  TOTAL PERSONS IN EMERGENCY SHELTERS

3. The total number persons in TRANSITIONAL HOUSING reported by the 2023 Point In Time Survey is 452 calculated as follows:

• 292 persons in transitional housing counted in Albuquerque
•  160 persons counted in transitional housing in Balance of State
• 452  TOTAL PERSONS IN TRANSITIONAL HOUSING

4. The total number persons reported UNSHELTERED by the 2023 Point In Time Survey is 1,500 calculated as follows:

• 977  persons counted unsheltered in Albuquerque
• 623  persons counted unsheltered  in Balance of State
• 1,500  TOTAL PERSONS COUNTED UNSHELTERED

2023 PIT REPORT OVERVIEW

The  newly released  Point In Time count  done by the New Mexico Coalition to End Homelessness shows there are now 2,394 people experiencing homelessness in Albuquerque. A nearly 83% increase from last year. When the Coalition released the annual PIT count report, it announced it had found in 2023 more than 1,000 more people experiencing homelessness than in 2022.  It’s the highest count in the 14 years tracked in the report.

Tony Watkins and William Bowen are both affiliated with New Mexico Coalition to End Homelessness and were involved with the 2023 PIT survey.  Both Watkins and Bowen were interviewed by the Albuquerque Journal when the 2023 PIT report was released.  Both representatives cautioned that the 1,000-person increase might not mean 1,000 more people are homeless for the first time.

William Bowen, a Continuum of Care Program officer for the Coalition who organized the 2023 count on January 30, said there are three  major reasons for the massive jump:

First the group added about 50 volunteers this year, expanding the survey’s reach throughout the city.

Second the approach was also more targeted when it came to divvying up neighborhoods.

Despite those changes, Bowen said the Coalition to End Homelessness   believes the number of homeless people living in the city is increasing for two major reasons:

FIRST: Increasing rents and home prices.

SECOND: The end of several pandemic-era relief programs, including an eviction moratorium. Data from the Eviction Lab, a nationwide database that tracks eviction filings, shows there have been more than 9,000 filings in the past year in Albuquerque.

MASSIVE UNDERCOUNT PROCLAIMED

Bowen said this year’s elevated number of 2,394 individuals is still a massive undercount.  The PIT 2023 report acknowledges that the final count represents a small snapshot of time and that it consistently undercounts the actual number of people experiencing homelessness.

Limitations can include winter weather, which can make it more challenging for volunteers to find people living on the streets, as well as encampment sweeps that Bowen said continued during the PIT count.  Bowen added that people with children might also try and seclude themselves, fearing that their kids will be taken away, he continued. In the past, COVID-19 restrictions were an obstacle.

Sam Watkins said data on the number of people signed up for McKinney-Vento Homeless Assistance Grants takes into account what Watkins calls the “invisible homeless” which can include people who are couch-surfing or otherwise displaced from their homes.

Watkins also noted the racial disparities contained for the first time in the 2023 PIT report.  Although Native American and Alaskan people make up 5% of Albuquerque’s population, according to census data, they represent 1 in 5 of the homeless people surveyed in the count. In the city, just more than 3% of residents are Black, but of the homeless people surveyed, about 12% were Black.

Because of the difficulty finding a definitive number of people experiencing homelessness, the value of the PIT count has at times has been questioned.  Bowen in response said there are few alternatives to collect similar data.

NOT JUST THE DATA

Watkins and Bowen themselves said the goal of the count has been a discussion at the Coalition but they said the report has value beyond the data. For example, PIT count volunteers surveyed people living on the street and asked certain questions, including why people didn’t use available shelters. Many raised safety and cleanliness concerns about shelter spaces. Bowen said many people have had negative experiences that can make them wary of large emergency shelters.

Of the more than 2,000 people included in the report, about 45% were staying in emergency shelters and 12% were using transitional housing services. The remaining fraction were completely unsheltered.

Watkins and Bowen identified areas where progress can be made, including increased affordable housing, intervention programs to prevent people from becoming homeless in the first place and improved delivery of certain services to turn the tide. But Watkins said one important factor is bringing people with personal experience with homelessness into public policy positions. If that happens, Watkins said this:

“I think things will shift. I don’t know how they’ll shift, but they’ve got to shift for the better.”

The 2023 PIT report also provided a better understanding on how many unsheltered people on the streets of Albuquerque are from outside of the United States. Out of 252 people interviewed, 14 said they were from countries like Cuba, El Salvador, Mexico and Panama. The survey acknowledged that the overall numbers are an undercount, as more than 700 people reportedly refused to answer.

The city of Albuquerque issued the following statement in response to the 2023 PIT report:

“We know there is a need for additional shelter and resources for the unhoused, and the City of Albuquerque continues to build capacity in our system of care by expanding wraparound services at Gateway and adding Medical Sobering and Medical Respite care, in addition to improving the westside shelter and working with our community partners. We have plans in place to shelter additional people in the winter months, as well as migrants passing through our city.”

The links to quoted news source materials are here:

https://www.abqjournal.com/this-years-point-in-time-count-identified-2-394-people-experiencing-homelessness-in-albuquerque-organizers/article_072d451c-630d-11ee-8b29-17db0ad4a084.html#tncms-source=home-featured-7-block

https://www.koat.com/article/homeless-increase-in-albuquerque/45462181

CITY’S FINANCIAL COMMITMENT AND SERVICES TO HOMELESS

It is the city’s Family Community Services Department (FCS) that provides for assistance to the homeless.  In fiscal year 2021-2022, the department  spent $35,145,851 on homeless initiatives.  In 2022-2023  fiscal year the department spent $59,498,915 on homeless initiatives.

On June 23, 2022 Mayor Tim Keller announced that the City of Albuquerque was adding $48 million to the FY23 budget to address housing and homelessness issues in Albuquerque. The City  also announced it was working on policy changes to create more housing and make housing more accessible.

The key appropriations passed by City Council included in the $48 million are:

• $20.7 million for affordable and supportive housing   
• $1.5 million for improvements to the Westside Emergency Housing Center
• $4 million to expand the Wellness Hotel Program
• $7 million for a youth shelter
• $6.8 million for medical respite and sobering centers
• $7 million for Gateway Phases I and II, and improvements to the Gibson Gateway Shelter facility
• $555,000 for services including mental health and food insecurity prevention

The link to the quoted source is here:

https://www.cabq.gov/family/news/mayor-keller-signs-off-on-major-housing-and-homelessness-investments

The 2022-2023 enacted budget for the Department of Community Services is $72.4 million and the department is funded for 335 full time employees, an increase of 22 full time employees.  A breakdown of the amounts to help the homeless and those in need of housing assistance was as follows:

• $42,598,361total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless. It is $24,353,064 more than last year.
• $6,025,544total for emergency shelter contracts (Budget page 102.).
• $3,773,860total for mental health contracts (Budget page105.).
• $4,282,794total for homeless support services. 
• $2,818,356total substance abuse contracts for counseling (Budget page 106.).

The 2022-2023 adopted city contains $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model and $24 million in Emergency Rental Assistance from the federal government.

The link to the 2022-2023 budget it here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

The 2023-2024 approve city budget for the  Family and Community Services budget lists forty five (45) separate affordable housing contracts totaling $39,580,738, fifteen (15) separate emergency shelter contracts totaling $5,575,690, and twenty seven (27) separate homeless support service contracts totaling $5,104,938 for a total of $50,261,366. The Fiscal Year 2023- 2024 Family Community Services includes the following line-item funding:

• $14 million in non-recurring funding for supportive housing programs in the City’s Housing First model.
• $736,000 in non-recurring to fully fund the Assisted Outpatient Treatment program.
• $730,000 in recurring and $500,000 in non-recurring funding for a partial year of operating a Medical Sobering Center at Gibson Gateway Homeless Shelter and Health Hub, which will complement the social model sobering facilities available at the County’s CARES campus.
• $1.2 million for Homeless Support Services
• $1.7 million for Mental Health for service contracts for mental health
• $200 thousand for Substance Abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service center providers, and services to abused, neglected and abandoned youth.
• $1.5 million in recurring and $500,000 in non-recurring funding for a Medical Respite facility at Gibson Health Hub, which will provide acute and post-acute care for persons experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets but are not sick enough to be in a hospital.
• $3 million in recurring funding to operate the first Gateway Center at the Gibson Health Hub, including revenue and expenses for emergency shelter and first responder drop-off, facility operation and program operations.
• $1.2 million for the Westside Emergency Housing Center.
• $500,000 non-recurring to fund the development of a technology system that enables the City and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.
• $500,000 non-recurring to funding for Albuquerque Street Connect, a program that focuses on people experiencing homelessness who use the most emergency services and care, to establish ongoing relationships that result in permanent supportive housing.
• $1,300,000 for Emergency Shelter
• $1,200,000for Gateway Phase one and Engagement Center, and a net of $500 thousand for Medical Respite.
• Recurring funding of $3,500,000 for Family Housing Navigation Center/Shelter (Wellness-2) which has been using non-recurring emergency/COVID funding
• Capital Improvement Projects  coming-on-line expenses are budgeted to increase by $500,000  for Gateway Homeless Shelter, Phase one, and Engagement Center and $500,000 thousand for the Sobering Center at the Gibson Homeless Shelter Health Hub.

You can review all city hall department budgets at this link: 

Click to access fy24-proposed-web-version.pdf

COMMENTARY AND ANALYSIS

Every year that the Point In Time survey is released, the city and service providers always proclaim it is a massive undercount of the city and state’s homeless population. The accuracy of the numbers are called into question with some arguing that the city’s homeless numbers are as high as10,000 or more as demands are made for more and more spending.

Government and charitable  providers who rely on government funding to assist the homeless to an extent are motivated to make claims that the numbers they serve are much greater than they really are because government  funding or even donations are dependent on the numbers they actually serve. This is especially so when federal funding is at stake.

One problem is that the city and the  charitable providers do not all have one singular definition of homeless. They tend to count all that walk through their front doors who they assist, be it for food, clothing, shelter or a combination thereof. Many of the charitable providers serve 300 to 500 people a day.

CONSISTENCY IN THE NUMBERS

The Point in Time survey is criticized because everyone at risk of or experiencing homelessness through the course of the entire year is not included. The point-in-time count is typically done over the course of one to two nights, with volunteers canvassing neighborhoods, alleys, parks, places like the Bosque in Albuquerque, meal service sites, and general service sites.

The PIT report does not include those who are referred to as the “hidden homeless” which is defined as people who may be sleeping in their cars, overcrowded homes, vacant buildings or staying “on and off” with friends or relatives for short periods of time or in other unsafe housing conditions or in undetected campsites and those who have no permanent address.

Notwithstanding questioning the accuracy, the overall numbers found each year by the PIT over the last 12 years has been very consistent.  Albuquerque’s total number of chronic homeless is between 2,002 (counted in 2009) and 2,394 (counted in 2023) in Emergency Shelters, Transitional Housing and Unsheltered. The Balance of the State total number of chronic homeless are between 1,473 (counted in 2009)  and  1,448 (counted in 2023) in Emergency Shelters, Transitional Housing and Unsheltered.   It’s Albuquerque’s numbers that have spiked dramatically.  The numbers should not be confused at all with the city’s and state’s affordable housing needs.

 CONCLUSION

Until government and all homeless providers come up with an ongoing method of calculating the homeless throughout the year, the annual Point In Time is the only count that is reliable and should not be dismissed as inaccurate.  The blunt reality is that homelessness will never be solved until the underlying causes are resolved including poverty and the mental health and drug addiction crisis.

During the past 5 years, the city has established two 24/7 homeless shelters, including purchasing the Loveless Gibson Medical Center for $15 million to convert it into a homeless shelter. The city is funding and operating 2 major shelters for the homeless, one fully operational with 450 beds and one when  fully operational  will assist upwards 1,000 homeless and accommodate at least 330 a night. Ultimately, both shelters are big enough to be remodeled and provide far more sheltered housing for the unhoused.

Given the numbers in the 2023 PIT report  and the millions being spent on the homeless crisis it  should be manageable. Yet the crisis is only getting  worse and is a continuing major drain on city resources. During the past few years the unhoused have become far more dispersed throughout the city and have become far more aggressive in camping where they want and for how long as they want. The problem the city has failed to solve is  the homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and who want to camp at city parks, on city streets in alleys and trespass in open space.

On Friday, October 6, after a weeks long trial, State  District Judge Fred Van Soelen of the 9^th Judicial District based in Clovis, ruled in a 14 page decision to strike down a lawsuit file by State Republicans alleging Democratic lawmakers gerrymandered New Mexico’s three congressional districts to favor and elect Democrats, especially in the southern congressional district. Judge Van Soelen in siding with Democrats ruled Republicans’ votes were diluted, but it did not  rise to an “egregious gerrymander” and upheld the legislature’s approved redistricting maps. Republicans have vowed to appeal to the New Mexico Supreme Court.

JUDGE VAN SOELEN’S RULING

In his ruling, District Judge Fred T. Van Soelen wrote in part:

“[The] predominant purpose of redrawing CD 2 [the southern district] in Senate  Bill  1 was to entrench the Democratic Party in power by diluting the votes of citizens favoring Republicans. … Because ‘entrenchment’ is the touchstone of an egregious partisan gerrymander which the New Mexico Constitution prohibits, the court finds that the congressional redistricting map enacted under Senate Bill 1 does not violate the plaintiff’s equal protection rights.”

Van Soelen wrote that there is sufficient evidence to say Republicans were “cracked.” In other words, the evidence showed the maps split up Republican voters into multiple districts in order to dilute their voting power.  As an example Van Soelen noted Lea and Eddy Counties were split into two separate congressional districts.

During the trial, Democrats argued the contrary and said the boundaries in the map approved were meant to allow the oil industry in the southern portion of the state to have multiple voices in Washington, D.C. To accomplish this, the map adds land from southeast New Mexico to both Congressional District 1 and Congressional District 3.  Judge Van Soelen wrote that the defendants didn’t prove that splitting up that land was beneficial for residents.

Judge Van Soelen pointed to the 2022 congressional election, the only one held since the boundaries were redrawn, as evidence that Democratic and Republican candidates have a competitive chance to win in Congressional District 2. In the 2022 race for the District 2 U.S. congressional seat, Democrat Gabe Vasquez defeated Yvette Herrell, a first-term Republican incumbent, by the slim margin of 0.7%  The Republican Party countered that Herrell’s “very high name recognition” makes that race an unfair test of District 2’s competitiveness.

Judge Van Soelen wrote  that  while the case shows evidence of partisan political vote dilution, the dilution itself “does not rise to the level of gerrymandering that violates the rights of voters.” Van Soelen wrote that while the maps were intended on “intrenching” Democratic power, there was not  sufficient evidence to prove that they were actually successful in entrenching their power.   Judge Van Soelen concluded that the legislative approve  map does not  violate residents’ equal protection rights under the state’s constitution.

REVISITING LAWSUIT ALLEGATIONS

The lawsuit was filed back in 2021 when the New Mexico legislature redrew all 3 of New Mexico’s political boundaries in the process know as redistricting.  The process of congressional redistricting occurs  every 10 years to keep political voting boundaries relatively fair as local populations change.

The plaintiffs in the case include the New Mexico Republican Party, Republican State Senator David Gallegos and Roswell Democrat Mayor Tim Jennings. It was filed against Governor Michell Lujan Grisham, Lt. Gov. Howie Morales and all Democrat State Senate and House legislative leaders.

In 2020, the state asked an independent redistricting committee to recommend new maps to the legislature. After considering 3  maps for redrawn congressional districts, New Mexico’s Democratically controlled legislature was not satisfied with what was submitted and  approved  a fourth map instead, one drawn up by the lawmakers.

For decades, New Mexico has had 3 congressional districts.  The First Congressional District (CD1) was based almost entirely in Albuquerque. The 2^nd Southern Congressional District (CD2) was the entire southern portion of New Mexico.  The 3^rd Northern Congressional District (CD3) covered Santa Fe and entire northern New Mexico.  The Albuquerque and Northern New Mexico Districts have been decidedly Democrat leaning while the Southern-most district has been decidedly Republican. The new congressional map for District 3  moves southern  parts of Albuquerque into the Southern Congressional District, creating a Democratic leaning district. Following its adoption, Republican Yvette Herrell lost her reelection bid in 2021.

The lawsuit controversy centered primarily around the new Congressional District 2 approved by state officials and signed into law by Lujan Grisham in 2021 during a special session of the Democrat-controlled Legislature.  The map divides Lea County in half.  Lea County now straddles the border between the Second and Third congressional districts and adds parts of Albuquerque to the southern Second Congressional District (CD2).

Republicans argued this change to Congressional District 2 was the cause of former U.S. Representative Yvette Harrell losing the seat to U.S. Rep Gabe Vasquez in 2022.  Herrell had previously won the seat in 2020 against former-U.S. Rep. Xochitl Torres Small, who defeated Herrell in 2018 after Republican Party of New Mexico Chairman Steve Pearce vacated the seat in a losing bid for the governorship.

The Republican Party argued that the map was developed to intentionally curb Republican influence.  The map once approved drew immediate backlash from the state Republican Party and Republican local officials in southeast New Mexico who argued that its conservative stronghold was being diluted.

REACTIONS TO RULING

Steve Pearce, chairman of the Republican Party of New Mexico, said the Republican Party will appeal its case to the New Mexico Supreme Court. Pearce  said the gerrymandered districts disenfranchise the votes of all conservative voters, regardless of their party affiliation Pearce said  this:

“Judge Van Soelen agreed that there was partisan gerrymandering in the district map for CD2, but we disagree with his ruling that it was not an egregious gerrymander.”

Las Cruces area Democrat State Senator Joseph Cervantes, the primary sponsor of the senate bill that changed congressional district boundaries had this to say:

“I’ve maintained that we met every legal and constitutional requirement and the court has affirmed the exceptional legal work that goes into lawmaking done right. …  We clearly got it right. … With more competitive districts, we will send to Washington representatives more closely aligned with all New Mexicans, not just party loyalists.”

Governor Michelle Lujan Grisham’s  Office released the following statement statement in reaction to the Court’s verdict:

The governor signed these maps with full belief in their constitutionality, and we are pleased to see the court’s decision today.

New Mexico Secretary of State Maggie Toulouse Oliver’s  Office released the following statement:

“Our interest in this case is that we needed clarity about the map in order to properly plan for the 2024 elections. We’re pleased that the issue has now been decided so we can continue planning for the 2024 elections.”

The Republican Party of New Mexico issued  the following statement:

“Today’s decision was bigger than Republican or Democrat. It struck at the heart of our Republic, the form of government that allows all beliefs to have a voice.

Judge Van Soelen agreed that there was partisan gerrymandering in the district map for CD2, but we disagree with his ruling that it was not an egregious gerrymander. Our legal team presented a clear case that the legislature intended to and, in fact, did egregiously gerrymander the congressional maps to shift the second district by 18 points in favor of Democrats.

Text messages provided during discovery from Senate President Pro Tempore Mimi Stewart reveal her bragging, ‘The People’s Map was 51.8%. That’s not enough for a mid term (sic) election.’ In order to get a big enough Democratic swing, she claims, ‘we adjusted some edges, scooped up more of abq and are now at 53%.’

The Democrat expert witness also testified that the Democrat lawyers instructed him to design 1,000 maps that resembled the gerrymandered map that the legislature drew.

The legislative redistricting map and all 1,000 of his so-called “random” maps split Lea and Eddy counties, thereby “cracking” the conservative vote in the southeast part of the state. The witness admitted under oath that he had never been instructed to divide a state in the fashion he had been directed to in New Mexico.

The gerrymandered districts disenfranchise the votes of all conservative voters: Hispanic, Native American, Black and all other pro-family, pro-parent, pro-gun, pro-life voters, farmers, and oil and gas workers. Democrat, Republican, and Independents alike have lost their voice. New Mexico’s primary industry is undermined, and jobs are at stake.

The Republican Party of New Mexico believes the fight is too important to accept this setback without contest.

On behalf of all disenfranchised voters in the state of New Mexico, RPNM will be appealing our case to the New Mexico Supreme Court.”

The Democratic Party of New Mexico also provided the following statement:

“It is no surprise that the New Mexico Republican Party lost its bogus lawsuit attempting to throw out competitive, fairly-drawn maps. Steve Pearce’s defunct New Mexico Republican Party is merely looking to place blame somewhere for their recent election losses.

“Crafting of the current maps followed a non-partisan, deliberative process that was informed by and invited expert and public input from communities across the state and subsequently went through the complete legislative process in committees and both chambers. In fact, these districts were intentionally crafted to be less partisan and more competitive than the previous ones.  

“Unfortunately for New Mexicans, the GOP in our state has become so beholden to the conspiratorial far-right that they continue to try to discredit the electoral process when they lose instead of running candidates who work to improve the lives of everyday New Mexicans.”

Links to quoted news sources are here:

https://www.krqe.com/news/politics-government/new-mexico-judge-says-redistricting-map-doesnt-violate-state-constitution/

https://www.kob.com/new-mexico/judge-rules-against-republican-challenge-to-new-mexico-redistricting-map/

https://www.abqjournal.com/news/republicans-vow-to-appeal-judges-ruling-upholding-new-mexico-congressional-redistricting-map/article_bd83ab96-6491-11ee-9cf2-db3427075e14.html

https://apnews.com/article/new-mexico-congressional-redistricting-e411438a6988774c1a531a447a288c93

https://www.kunm.org/local-news/2023-10-06/judge-upholds-nm-congressional-map-as-constitutional-siding-with-dems

COMMENTARY AND ANALYSIS

It is more likely than not that Republican efforts to appeal State District Judge Fred Van Soelen’s decision will fail and the appeal will fail miserably all because of a previous ruling by the New Mexico Supreme Court.

It was in February, 2022 that  a Motion to Dismiss the case was filed by attorneys for Defendants Governor Lujan Grisham and Lt. Governor Howie Morales. The New Mexico’s Supreme Court denied the Motion To Dismiss and the case was remanded back to Judge Van Soelen for a trial on the merits. The New Mexico Supreme Court ruled the equal protection clause of the New Mexico Constitution allows the state courts to take up claims of illegal partisan gerrymandering.  The New Mexico Supreme Court rejected the arguments made by Governor Michelle Lujan Grisham and other high-ranking Democrats who said the courts had no way to determine what constitutes illegal “partisan” gerrymandering.

The New Mexico Supreme Court  acknowledged the “inherently political nature of redistricting” and said some partisan gerrymandering is permissible.  The New Mexico Supreme Court ruled  the three-part test outlined by U.S. Supreme Court Justice Elena Kagan in her dissenting opinion in the US Supreme Court case of RUCHO V. COMMON CAUSE should  be used in the case to determine whether the map goes too far and violates the law. This means the Republican  plaintiffs had  to prove Democrats redrew the map to keep them in power, and that they achieved what they wanted to degree that was “egregious in intent and effect.”

Judge Van Soelen has now applied  the three-part Kagan test and other criteria and he evaluated the maps and has made a decision that there was no “egregious in intent and effect.”  .

The postscript to this blog article provides a report on the Supreme Court ruling in the case of RUCHO V. COMMON CAUSE and provides an explanation of the Kagan 3 part test.

___________________________________

POSTSCRIPT

RUCHO V. COMMON CAUSE

In 2019, the United States Supreme Court in a 5-4 vote in the case of  Rucho v. Common Cause ruled that partisan gerrymandering claims  cannot be brought under the U.S. Constitution. The Ruch decision was a major set back for voting right advocates but in her dissent Justice Elena Kagan’s outlined and provided a blueprint on  how state judges can set aside and kill the practice of gerrymandering by legislatures under their own constitutions. Every state constitution protects the right to vote or participate equally in elections, and the Kagan dissent shows how state courts can enforce those protections under state law.

In her dissent, Justice  Kagan annunciates the precise harms inflicted by partisan gerrymandering and explains how they can be measured and remedied. Kagan identified two distinct but intertwined constitutional violations. First, gerymandered maps “reduce the weight of certain citizens’ votes,” depriving them of the ability to participate equally in elections. Second, they also punish voters for their political expression and association. Kagan concluded that these dual injuries, implicate fundamental principles of both equal protection and freedom of speech. Kagan illustrated the ease with which courts can address them.

In his Rucho majority opinion, Chief Justice John Roberts insisted that federal courts were unable to determine when a partisan gerrymander goes “too far.” Kagan pointed out that, in fact, plenty of lower courts have already done exactly that. These courts deployed a three-part test. First, they ask whether mapmakers intended to entrench their party’s power by diluting votes for their opponents. Second, they ask whether the scheme succeeded. Third, they ask if mapmakers have any legitimate, nonpartisan explanation for their machinations. If they do not, the gerrymander must be set aside and declared void.

Justice Kagan wrote:

“If you are a lawyer … you know that this test looks utterly ordinary. It is the sort of thing courts work with every day.”

In practice, the most important part of the test is its evaluation of a gerrymander’s severity and that boils down to an analysis and hard look at the data.  The North Carolina’s congressional map contained 10 Republican seats and 3 Democratic ones. Experts ran 24,518 simulations of the map that used traditional, nonpartisan redistricting criteria. More than 99% of them produced at least one more Democratic seat. The exercise verified that North Carolina’s map isn’t just an outlier but “an out-out-out-outlier.”

Chief Justice Roberts rejected Kagan’s reasoning and asserted  that her test was “indeterminate and arbitrary.” But the North Carolina Superior Court rested its decision precisely on the three-part test that Kagan proposed. The North Carolina court adopted Kagan’s methods to demonstrate that North Carolina’s legislative gerrymander was indeed an “out-out-out-outlier.” Experts ran thousands of simulations to gauge the severity of the map’s partisanship and found that the current gerrymander is more favorable to Republicans than about 99.99 percent of maps drawn using nonpartisan redistricting factors.

This fact would not matter if North Carolina courts were powerless to stop partisan gerrymandering. But state courts are free to interpret their constitutions differently from the United States Supreme Court  and are not bound by the Rucho decision. The North Carolina Superior Court therefore refused to adopt Roberts’ rejection toward the judiciary’s competence to defend voting rights.

The North Carolina Court agreed that  Kagan’s view of gerrymandering is  an assault on equal protection and free speech. The North Carolina Court wrote the state constitution safeguards “the fundamental right of each North Carolinian to substantially equal voting power.”  The Northe Carolina court also found that the state constitution  protects citizens’ ability to engage in “core means of political expression,” including “voting for the candidate of one’s choice and associating with the political party” without retaliation. Partisan gerrymandering infringes upon these freedoms, diluting citizens’ vote on the basis of their political expression. In short, the court ruled  the North Carolina constitution contains the same protections that Kagan sought under the First and 14^th Amendments to the U.S. Constitution.

The North Carolina court took a step further than Kagan, because unlike the U.S. Constitution, the North Carolina constitution declares that “all elections shall be free.” This clause, the court held, means “that elections must be conducted freely and honestly to ascertain, fairly and truthfully, the will of the people.” Partisan gerrymandering violates that guarantee by “specifically and systematically designing the contours of the election districts for partisan purposes and a desire to preserve power.”

The link to quoted new source material is here:

https://slate.com/news-and-politics/2019/09/partisan-gerrymander-kagan-state-courts.html