NM Reports 262 New COVID-19 Cases Over Three Days and Six Deaths

State Supreme Court rules businesses not entitled to compensation from losses due to COVID-19 public health law restrictions

COVID-19 Map

By Julia Goldberg

The state Supreme Court today unanimously ruled in State v. Wilson, concluding there is no constitutional or statutory requirement to compensate businesses for financial losses and expenses from restrictions imposed by public health emergency orders during the COVID-19 pandemic. Justices heard arguments on the case on Jan. 13 but did not issue a ruling until today.

Gov. Michelle Lujan Grisham’s administration had asked the court to resolve the underlying legal question in approximately 20 lawsuits filed in district courts across New Mexico last year seeking compensation from the state because of its public health orders and determine whether public health orders constitute a taking of private property that entitled the businesses to compensation. The court ruled the public health orders “are a reasonable exercise of the police power to protect the public health.”

In considering the case, the court evaluated Article II, Section 20 of the New Mexico Constitution and Section 12-10A-15 of the Public Health Emergency Response Act (PHERA), NMSA 1978, §§ 12-10A-1 to -19 (2003, as amended through 2015), and concluded the public health orders cannot support a claim for a regulatory taking requiring compensation under the state constitution.

“Occupancy limits and closure of certain categories of businesses, while certainly harsh in their economic effects, are directly tied to the reasonable purpose of limiting the public’s exposure to the potentially life-threatening and communicable disease, and thus can be deemed ‘reasonably necessary,’’ the court wrote in an opinion by Justice C. Shannon Bacon.

In its analysis of PHERA, the court rejected broad interpretation of the phrase “any other property” as businesses advocated in seeking compensation for closures and COVID-related restrictions, saying the phrase was “legislatively intended to be a catch-all limited within the category of physical property that is directly taken or appropriated by the State and used for, or in connection with, a public health emergency.” Using a broad interpretation, the court said, “would lead to an absurdity: unlimited liability authorized by the Legislature.”

The decision also notes that “claimants for just compensation under the PHERA must exhaust the administrative remedies set forth under PHERA, which require a determination by the attorney general before claimants can seek judicial relief.”

In issuing today’s ruling, the court directed district judges to follow its legal conclusions in resolving the cases.

New Mexico health officials today reported 262 new COVID-19 cases for the three-day period of June 5-7. The new cases bring the statewide total so far to 203,686; the health department has designated 191,065 of those cases as recovered.

Bernalillo County had 51 new cases, followed by San Juan County with 44 and Doña Ana County with 31. Santa Fe County had 14 new cases, seven from the Southside 87507 ZIP code, which ranked tenth in the state today for the most new cases. The state also reported 15 new cases among people being held by federal agencies at the Otero County Federal Prison Facility.

The state also announced six additional deaths, including a female younger than 10 years old from San Juan County. Four of the fatalities were recent and two from more than 30 days prior. According to the health department, COVID-related deaths are only reported when a death certificate has been issued, and some death certificates are delayed due to insufficient information.

As of today, 81 people are hospitalized with COVID-19.*

Currently, 66.2% of New Mexicans have had at least one dose of a COVID-19 vaccine and 56.7% are fully vaccinated. In Santa Fe County, 75.2% have had at least one dose and 65.2% are fully inoculated.

New cases

  • 51 new cases in Bernalillo County
  • 1 new case in Catron County
  • 6 new cases in Chaves County
  • 1 new case in Colfax County
  • 3 new cases in Curry County
  • 31 new cases in Doña Ana County
  • 19 new cases in Eddy County
  • 2 new cases in Guadalupe County
  • 2 new cases in Lea County
  • 5 new cases in Lincoln County
  • 1 new case in Luna County
  • 3 new cases in McKinley County
  • 6 new cases in Otero County
  • 2 new cases in Quay County
  • 8 new cases in Rio Arriba County
  • 3 new cases in Roosevelt County
  • 18 new cases in Sandoval County
  • 44 new cases in San Juan County
  • 3 new cases in San Miguel County
  • 14 new cases in Santa Fe County
  • 9 new cases in Torrance County
  • 1 new case in Union County
  • 13 new cases in Valencia County
  • 1 new case among individuals held by federal agencies at the Otero County Federal Prison Facility
  • 15 new cases among individuals held by federal agencies at the Otero County Processing Center

New fatalities

  • A male in his 60s from Bernalillo County who was hospitalized and had underlying conditions
  • A female younger than 10 years old in San Juan County who was hospitalized
  • A male in his 60s from San Juan County who was hospitalized
  • A male in his 70s from Valencia County who was hospitalized and had underlying conditions

Newly reported fatalities from more than 30 days ago

  • A female in her 80s from Bernalillo County who had underlying conditions and was a resident of The Rehabilitation Center of Albuquerque
  • A female in her 60s from Sandoval County who was hospitalized

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 Aristocrat Assisted Living Center in Alamogordo
  • Aztec Healthcare in Aztec
  • BeeHive Homes Clovis
  • BeeHive Homes Farmington
  • BeeHive Homes Portales
  • Genesis Rio Rancho Center
  • Genesis Silver City Care Center in Silver City
  • Good Samaritan Society Las Cruces
  • Homes with a Heart Assisted Living - Raven House in Albuquerque
  • Laguna Rainbow Care Center in Casa Blanca
  • Lakeview Christian Home in Carlsbad
  • The Neighborhood in Rio Rancho Assisted Living in Rio Rancho
  • New Mexico State Veterans Home in Truth or Consequences
  • Princeton Place in Albuquerque
  • Red Rocks Care Center in Gallup
  • The Rehabilitation Center of Albuquerque
  • Retirement Ranches in Clovis
  • The Rio at Las Estancias in Albuquerque
  • Sierra Health Care Center in Truth or Consequences
  • Sombrillo Nursing Home in Los Alamos
  • Sugar Hollow Assisted Living Community in Albuquerque
  • Sunset Vista Senior Living Center in Silver City
  • The Village at Alameda in Albuquerque

Statewide cases

According to a news release, previously reported numbers included 41 cases that have been identified as duplicates (13 in Bernalillo County, two in Chaves County, three in Cibola County, six in Doña Ana County, three in Grant County, two in McKinley County, eight in San Juan County, one in Torrance County and three in Valencia County); three cases in Santa Fe County that were not lab confirmed; four cases in Santa Fe County have been determined to be out-of-state residents—these have now been corrected. Additionally, two cases previously reported in Doña Ana County has been determined to be among individuals held by federal agencies at the Otero County Processing Center and are now reported as such. County totals are subject to change upon further investigation and determination of residency of individuals positive for COVID-19.

  • Bernalillo County: 58,631
  • Catron County: 96
  • Chaves County: 9,035
  • Cibola County: 2,894
  • Colfax County: 792
  • Curry County: 5,259
  • De Baca County: 172
  • Doña Ana County: 24,940
  • Eddy County: 6,902
  • Grant County: 1,735
  • Guadalupe County: 444
  • Harding County: 12
  • Hidalgo County: 364
  • Lea County: 8,370
  • Lincoln County: 1,754
  • Los Alamos County: 532
  • Luna County: 3,362
  • McKinley County: 12,350
  • Mora County: 172
  • Otero County: 4,032
  • Quay County: 520
  • Rio Arriba County: 3,701
  • Roosevelt County: 2,016
  • Sandoval County: 12,162
  • San Juan County: 15,547
  • San Miguel County: 1,381
  • Santa Fe County: 10,486
  • Sierra County: 780
  • Socorro County: 1,323
  • Taos County: 1,688
  • Torrance County: 863
  • Union County: 258
  • Valencia County: 6,833

Cases among people being held by federal agencies

  • Cibola County Correctional Center: 445
  • Otero County Federal Prison Facility: 447
  • Otero County Processing Center: 244
  • Torrance County Detention Facility: 158

Cases among people being held by the New Mexico Department of Corrections

  • Central New Mexico Correctional Facility in Valencia County: 298
  • Guadalupe County Correctional Facility: 253
  • Lea County Correctional Facility: 762
  • Northeast New Mexico Correctional Facility in Union County: 167
  • Northwest New Mexico Correctional Center in Cibola County: 128
  • Otero County Prison Facility: 473
  • Penitentiary of New Mexico in Santa Fe County: 219
  • Roswell Correctional Center: 229
  • Southern New Mexico Correctional Facility in Doña Ana County: 231
  • Springer Correctional Center in Colfax County: 151
  • Western New Mexico Correctional Facility in Cibola County: 75

*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.

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