New Mexico health officials today reported 255 new positive test results for COVID-19 and seven more deaths.

The new numbers came during an afternoon of legal wrangling over Gov. Michelle Lujan Grisham's recent health order that re-closed indoor dining for restaurants.

First, Fifth Judicial District Judge Raymond Romero in Carlsbad temporarily suspended  Romero's decision followed a legal request for a restraining order filed July 14 by the New Mexico Restaurant Association and several other restaurants, including Outlaw Meats, LLC, K-Bobs of Raton and Las Vegas and Red River Brewing Company.

Then, the state Supreme Court late Monday afternoon granted the governor's emergency request to stay Romero's order.

As a result, all provisions of the state's emergency public health order of July 13 remain in effect.

"Sustained indoor contact in an environment where face-coverings cannot be worn, such as at restaurants, is unsafe," the governor's spokesman Tripp Stelnicki writes to SFR. "A bad ruling by a judge doesn't change that. New Mexico business operators should continue to abide by the state's guidelines and restrictions; anything less is to risk the health and safety of employees, customers, their communities and indeed our entire state."

The emergency motion both asked the state Supreme Court to stay Romero's ban and to resolve the legal issues in the case, namely whether the health secretary has the statutory authority to close or restrict businesses for public health and "whether the temporary closure of indoor dining at restaurants and breweries was arbitrary and capricious."

The governor's motion also notes that instances of COVID-19 cases among restaurant staff "rose dramatically beginning approximately two weeks after the June 1 resumption of indoor dining at restaurants and has continued on an upward trend." Moreover, the health department's "rapid response" protocol—taken when an employee tests positive for COVID-19—have increasingly involved restaurant workers: approximately 15%. And approximately 20% of the reports of non-compliance to the New Mexico Department of Safety have involved restaurants, according to the motion.

"I am grateful for the court's quick action," Lujan Grisham said in a statement. "Businesses all across New Mexico have been battered by the effects of this pandemic; they are owed consistency and fairness, which my administration has endeavored to provide at every opportunity. We will continue to provide that while taking every single possible action to protect the health and well-being of New Mexicans — including workers and customers at our restaurants. I appreciate the high court's recognition of the importance of consistent application and enforcement and the opportunity to bolster our case that high-contact indoor environments where face-coverings cannot be worn present an untenable risk given the incredible danger of COVID-19 at the moment."

As for today's new cases, Bernalillo County continues to drive the surge, adding 88 today, followed by Doña Ana County with 22 and Curry County with 18.

Santa Fe County had 16 new cases today, bringing the county total to 433, of which 177 have been designated as recovered by the health department.

The state also announced seven new deaths from Bernalillo, Cibola, Doña Ana and McKinley counties; there have been 578 fatalities.

As of today, 154 people are hospitalized with COVID-19.*

New Mexico has had 17,215 cases all together since the start of the pandemic; the health department has designated 6,814 of them as recovered.

New cases

  • 88 new cases in Bernalillo County
  • 15 new cases in Chaves County
  • 5 new cases in Cibola County
  • 18 new cases in Curry County
  • 22 new cases in Doña Ana County
  • 7 new cases in Eddy County
  • 4 new cases in Grant County
  • 1 new case in Lea County
  • 2 new cases in Lincoln County
  • 10 new cases in Luna County
  • 13 new cases in McKinley County
  • 4 new cases in Otero County
  • 2 new cases in Quay County
  • 6 new cases in Rio Arriba County
  • 4 new cases in Roosevelt County
  • 14 new cases in Sandoval County
  • 8 new cases in San Juan County
  • 2 new cases in San Miguel County
  • 16 new cases in Santa Fe County
  • 1 new case in Sierra County
  • 2 new cases in Socorro County
  • 2 new cases in Taos County
  • 9 new cases in Valencia County

New fatalities

  • A female in her 70s from Bernalillo County who was hospitalized, had underlying conditions and was a resident of The Rio at Las Estancias facility in Albuquerque.
  • A female in her 80s from Bernalillo County who was hospitalized and had underlying conditions.
  • A female in her 50s from Cibola County who was hospitalized and had underlying conditions.
  • A male in his 70s from Doña Ana County who was hospitalized and had underlying conditions.
  • A male in his 50s from McKinley County who was hospitalized.
  • A male in his 70s from McKinley County who was hospitalized and had underlying conditions.
  • A female in her 70s from McKinley County who was hospitalized and had underlying conditions.

Congregate facilities

The Department of Health has identified at least one positive COVID-19 case in residents and/or staff in the past 28 days at the following facilities:

  • The Adobe in Las Cruces
  • Advanced Health Care of Albuquerque in Albuquerque
  • The Aristocrat Assisted Living Center in Alamogordo
  • Avamere Rehab at Fiesta Park in Albuquerque
  • Bear Canyon Rehabilitation Center in Albuquerque
  • BeeHive Homes of Farmington in Farmington
  • Bloomfield Nursing and Rehabilitation in Bloomfield
  • Blue Horizon Assisted Living in Las Cruces
  • Bonney Family Home in Gallup
  • Brookdale Juan Tabo Place in Albuquerque
  • Camino Healthcare in Albuquerque
  • Casa del Sol Center in Las Cruces
  • Casa de Oro Center in Las Cruces
  • Casa Real in Santa Fe
  • Cedar Ridge Inn in Farmington
  • Crane’s Roost Care Home in Aztec
  • Desert Springs Nursing and Rehabilitation Center in Hobbs
  • El Castillo in Santa Fe
  • Good Samaritan Society in Grants
  • Good Samaritan Society in Las Cruces
  • Life Care Center of Farmington in Farmington
  • Montebello on Academy in Albuquerque
  • The Neighborhood in Rio Rancho
  • New Mexico State Veterans’ Home in Truth or Consequences
  • North Ridge Alzheimer’s Special Care Center in Albuquerque
  • Princeton Place in Albuquerque
  • Red Rocks Care Center in Gallup
  • Retirement Ranches, Inc. in Clovis
  • Retreat Healthcare in Rio Rancho
  • The Rio at Las Estancias in Albuquerque
  • Rio Rancho Center in Rio Rancho
  • Sagecrest Nursing and Rehabilitation Center in Las Cruces
  • Sandia Ridge Center in Albuquerque
  • Sombrillo Nursing and Rehabilitation Center in Los Alamos
  • Sierra Health Care Center, Inc. in Truth or Consequences
  • Spanish Trails Rehabilitation Suites in Albuquerque
  • Taos Living Center in Taos
  • The Village at Northrise in Las Cruces
  • Welbrook Senior Living Las Cruces in Las Cruces
  • White Sands Healthcare in Hobbs

Statewide cases

According to a state news release, previously reported numbers included three cases that have been identified as duplicates: one each in Chaves, Curry and Doña Ana counties. Five cases have been identified as out-of-state residents: one case in Bernalillo County, three cases in Curry County and one case in Roosevelt County. Lastly, three previously listed cases were not lab confirmed: one in Bernalillo County, one in Doña Ana County and one in Valencia County. These have all been corrected. County totals are subject to change upon further investigation and determination of residency of individuals positive for COVID-19.

Bernalillo County: 3,861
Catron County: 4
Chaves County: 212
Cibola County: 267
Colfax County: 11
Curry County: 316
Doña Ana County: 1,737
Eddy County: 187
Grant County: 53
Guadalupe County: 24
Harding County: 1
Hidalgo County: 78
Lea County: 379
Lincoln County: 38
Los Alamos County: 14
Luna County: 155
McKinley County: 3,767
Mora County: 3
Otero County: 106
Quay County: 24
Rio Arriba County: 205
Roosevelt County: 92
Sandoval County: 933
San Juan County: 2,842
San Miguel County: 34
Santa Fe County: 433
Sierra County: 21
Socorro County: 67
Taos County: 71
Torrance County: 51
Union County: 14
Valencia County: 260

Cases among people being held by federal agencies

  • Cibola County Correctional Center: 2
  • Otero County Prison Facility: 276
  • Otero County Processing Center: 149
  • Torrance County Detention Facility: 43

Cases among people being held by the Mexico Department of Corrections

  • Central New Mexico Correctional Facility in Valencia County: 22
  • Northwest New Mexico Correctional Center in Cibola County: 1
  • Otero County Prison Facility: 461
  • Penitentiary of New Mexico in Santa Fe County: 1

*Per the health department, hospitalization figures include people who were tested elsewhere but are hospitalized in New Mexico, but don't include people who were tested here but are hospitalized out of state.