'Comparable to that of the seasonal flu': Suit filed against New Mexico governor's health order

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New Mexico plaintiffs argued that COVID-19 orders are for a “magnitude far less severe than originally predicted." | AWS

Businesses filed a lawsuit against the New Mexico governor’s emergency health order intended to curb the spread of COVID-19, calling it "comparable to that of the seasonal flu."

The plaintiffs argued that these orders are for a “magnitude far less severe than originally predicted.”

“All the various restrictions that have been placed would be null and void if there’s no emergency,” said Ana Garner, a Santa Fe attorney and one of three lawyers representing the plaintiffs, on Santa Fe-New Mexican.


New Mexico Governor Michelle Lujan Grisham | Photo Courtesy of New Mexico Governor's Office

Ending the emergency health order isn't the only item on the 125-paged-lawsuit. It wants the court to review the order and remove future public health emergency orders, restrictions and identify damages to the plaintiffs under 42 U.S. Code § 1983.

Santa Fe New Mexican reported that the governor’s office spokesperson Tripp Stelnicki said his office didn't want to comment on pending litigation.

Of course, there is a significant distinction between the flu and coronavirus; interestingly, the former made headlines at USA Today for having historic all-time low cases. One difference between the two is the flu has a season, the coronavirus doesn’t, meaning the latter lasts year-round.

"Corrupt Michelle Lujan Grisham failed New Mexico when we needed her most,” Jay Block, a New Mexico gubernatorial candidate, wrote in a tweet. “Her handling of [coronavirus] set our great state back decades. We must be allowed to stay open trusting our small businesses so we can unleash the economic machine.”