Supreme Court to hear restaurant case

SANTA FE — The New Mexico Supreme Court will hear a case Tuesday concerning the state’s authority to enforce public health emergency orders by imposing civil administrative penalties during the COVID-19 pandemic.

Lujan Grisham v. Reeb was first filed as a civil case in the Ninth Judicial District. It includes numerous plaintiffs, including Clovis’ Sid Strebeck and the K-Bob’s Steakhouse he operates.

The suit named Gov. Michelle Lujan Grisham, Public Safety Secretary Mark Shea and Health Secretary Kathy Kunkel in their official capacities.

The case is a petition for writ of superintending control, a power the Supreme Court can exercise when controlling legal issues have a statewide impact and it’s presumed the matter would eventually reach the court anyway.

District Judge David Reeb is listed as a respondent because he was the presiding judge when the civil case was filed. Reeb, who recused himself from the case, is not otherwise mentioned in the filing and has no other role in the proceeding.

Oral arguments will begin at 9 a.m. and will be broadcast on KNME-TV’s YouTube channel at:

youtube.com/watch?v=qHfPuUy1uW4&feature=youtu.be