Local businesses on watchlist

CLOVIS — Four rapid responses in 14 days, and you’re closed for 14 days.

That’s what New Mexico officials said was on the horizon two Tuesdays ago when it announced the latest in a series of moves to attempt to mitigate the spread of COVID-19.

But, just like the public health orders that have been a constant during the pandemic, there’s plenty of wiggle room.

The closure is not an automatic, and communication from the state indicates “an establishment may be permitted to continue operating if the Department of Health, after consultation with the New Mexico Environment Department, determines that the business is a sole provider of goods or services within a community.”

As of Friday, the watchlist reported one local business — Southwest Cheese — had reached the threshold of four rapid responses in 14 days and nine other locations had at least two.

Other Clovis locations, each with two rapid responses, are BNSF Railways, Frito-Lay Inc., the New Mexico Human Services Department, Wal-Mart and the Brady Street UPS Customer Center.

Portales locations with multiple rapid responses recorded included Roosevelt County Electric with three and C&S, Taco Box and Wal-Mart with two each.

None of those businesses apply to the state’s two-week closure of non-essential businesses set to begin Monday, as announced by Gov. Michelle Lujan Grisham Friday afternoon, with the exception that Taco Box will be limited to carry-out and delivery options like all other restaurants across the state.

The News asked the New Mexico Environment Department various questions, including whether specific stores, food distributors or food producers would be considered sole providers, whether it has the authority to close interstate commerce like the railroad or if First Amendment issues would arise should a media outlet reach the four rapid response threshold.

Public Information Officer Maddy Hayden said the department could not speculate on individual establishments because any that reach the four rapid response threshold are “evaluated by the Department of Health in conjunction with the Environment Department on a meticulous case-by-case basis.”

Hayden did provide some broad answers to the questions, noting that criteria for being on the watchlist and consideration for closure is equal across New Mexico businesses, and that railroads are generally considered out of state jurisdiction.

The state will continue to update the watchlist, although it’s anticipated the list will begin to thin out over the next two weeks with the shelter in place restrictions.