NEW MEXICO MCHELLE LUJAN GRISHAM it Atri erat MENEZ Hand Delive October 19, 2020 Dona Ana Republican Party 2801 Missouri Ave Suite 4 ‘Las Cruces, NM 88011-5061 sapoffice@gmail.com, ‘Re: Demand to Cease and Desist from Conducting Mass Gatherings ‘To Whom It May Concer: It has come to the attention of the New Mexico Department of Health that the Dona Ana Republican Party plans to host a political fundraiser event a its headquarters in Las Cruces on. October 22, 2020. ‘The flyer for the event invites members of the public to attend the event. A. copy ofthe flyer is attached. ‘By this eter, the Department of Health demands that the Dona Ana Republican Party cease and desist from conducting or hosting this in-person gathering, and cease and desist from violating Public Health Orders. Pursuant to the most recent Public Health Order (dated 10/1620), mass gatherings remain prohibited. “Mass gathering” is defined inthe Public Health ‘Order as “any public gathering, private gathering, organized event, ceremony, parade, organized ‘amateur contact spor, or other grouping that brings tgether more than ten (10) individuals in a single room or connected space, confined outdoor space or an open outdoor space.” Violation of ‘ Public Health Order may zeslt insignificant civil monetary penalties, and may also result in ‘criminal penalties. ‘The dectared public health emergeney concerning the spread of COVID-I9 remains ongoing, and the State of New Mexico has recently experienced significant increases in the numberof persons testing COVID positive inthe state, including the Las Cruces area. The Department asks for your ‘cooperation in complying withthe Public Heath Order, to promote and protect the health and safety cof the public. Attached, please find a copy of the most recent Publi: Health Order. If you have any questions about this Notice, you may contact us at (505) 827-2703, and you may direct any written correspondence tothe address identified above. Sincerely, eee ete Chris D. Woodward ‘Acting General Counsel OFFICE OF GENERAL COUNSEL 1190: Franc Dr Rom N4O9S «PO. Bon 26110 Santa Fe, New Mec 475026110 ($05) 827.2957 «Fax (55) 827-2930 «wor ambealorgYou are Invited mm REBUILD. RESTORE. ‘Y VETTE HERRELL KEVIN MCCARTHY THURSDAY, OCTOBER 22 cerNEW MEXICO. uy amen eg HALT ie ecw PUBLIC HEALTH ORDER NEW MEXICO DEPARTMENT OF HEALTH ‘ACTING SECRETARY BILLY J. JIMENEZ, csc wen orssae ‘SovERNOR ‘OCTOBER 16,2020 Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Publle Health Orders Remain in Effect; and Amending Prior Public Health Emergeney Orders Limiting Businesses and Non-Profit Entities’ Operations and Providing Additional Restrictions on Mass Gatherings Due to COVID-19 PREFACE, ‘The purpose ofthis amended Public Health Emergency Onder is to amend restrictions on mass gatherings and business operations, which Were implemented in response tothe spread of the Novel Coronavirus Disease 2019 ("COVID-19"), Continued social distancing and self isolation measures are necessary to protect public health given the potent that could result from a rapid incre continues some loorened resin directive underying all prior public health iiiatives remains intact, all New Mexicans should be staving in thelr homes for all but the most essential activites and services, When New Mexicans are notin their homes, they must strely adhere to soeal distancing protocols and ‘wear face coverings to minimize risks. These sacrifices are the best contribution thet each of us an individually make to protect the health and wellbeing of our fellow citizens and the State asa Whole. In accordance with these purposes, this Order and its exceptions should be narowly construed to encourage New Mexicans to stay in their homes for all but the most essential activities, Itishereby ORDERED that 1. All current guidance documents and advisories issued by the Department of “ralth remain in effect. 2 The following Public Health Emergency Orders remain in effect through the current Public Health Emergency and any subsequent renewals of tat Public Health Emergency ‘or until they are amended of rescinded ‘A. March 13, 2020 Public Health Emergency Order to Temporarily Limit ‘Nursing Home Visitation Due to COVID-19; B. April 30, 2020 Public Health Emergency Onder Modifying Temporary Restretions on Non-Essential Health Care Services, Procedures, and Syed OFFICE OF THE SECRETARY a ete Geeieecemacmacnee of MS See‘March 24, 2020 Public Heath Emergeney Order Temporarily Regulating the Sale ‘and Distribution of Personal Protective Equipment Due to ‘Shortages Caused by COVID-18, 3. The September 3, 2020 Public Health Emergency Order Amending prior Public Health Emergency Onlers Closing All Businesses and Non-Pefit Entities Except for those Deemed Essential and Providing Additional Restrictions on Mass Gatheings Due to COVID-19 ishereby amended as follows: ORDER WHEREAS, on March 11, 2020, because ofthe spread of the novel Coronavirus Disease 2019 (“COVID-19"), Michelle Lujan Grisham, the Governor of the State of New Merico, declared that Public Health Emergency exists in New Merico under the Public Health Emergency Response Act, and invoked her authority under the All Hazards Emergency Management Act; WHEREAS, Governor Michelle Lujan Grisham has renewed the declaration of a Public ‘Health Emergency through Novernber 13, 2020; WHEREAS, COVID-19 continues to spread in New Mexico and nationally. Sines, Exooutive Onder 2020-004 was issued, confined COVID-19 infections in New Mexico have risen to over 34,000 and confirmed cases in the United States have risen to more then 7.8 nillion, with significant recent spikes in cases in some of our neighboring states; WHEREAS, the further spread of COVID-19 inthe State of New Mexico poses a threat to the health, safety, wellbeing and property of the residents in the State due to, among otter (hings, illness fiom COVID-19, illnessrelated absentecism rem employment (particularly famong public safety and law enforcement personne! and persons engaged in activities and businesses critical to the economy and infrastructure of the Stse), potential displacement of persons, and closures of schools or other places of public gnthering: WHEREAS, social distancing and the consistent and proper use of face coverings in public spaces are the most effective ways New Mexicans can minimize the spread of COVID-19. ‘nd mitigate the potentially devastaing impact of this pandemic in New Mexico; and WHEREAS, the New Mexico Department of Health posseses legal authority pursuant to the Public Health Act, NMSA 1978, Sections 24-1-1 to ~40, the Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to -19, the Department of Health Act, NMSA. 1978, Sections 9-7-1 to -18, and inherent constitutional police powers of the New Mexioo state government, to preserve and promote public health and stety, to adopt isolation and quarantine, and to close public places and forbid gatherings of people when deemed necessary by the Department for the protection of public health,‘NOW, THEREFORE, I, Billy Jimenez, Acting Cabinet Secretary of the Now Mexico Department of Health, in accordance withthe authority vested in me by the Constitution and the Laws of the State of New Mexico, and as directed by the Governor pursuant tothe full scope of| hae emergency powers under the All Hazard Emergency Management Act, do hereby deelare the ‘current oubreak of COVID-19 a condition of public bealth importance as defined in the New Mexico Poblic Health Act, NMSA 1978, Section 24-1-2(A) as an infection, a disease, & syndrome, «symptom, an injury or oer threat that i identifiable on an individual or community level and can reesonably be expected to lead to adverse health effects inthe community, and thet ‘poses an imminent thret of substantial harm to the population of New Mexico. ‘The following definitions are adopted forthe purposes ofthis Orde: Defnitions: As used in this Public Health Orde, the following tems shall have the ‘meaning given to them, except where the context clearly requires otherwise: (1) “Essential business” means any business oF non-profit entity falling within one or _more ofthe following categories: 4 Heath care operations including hospitals, walk-io-care health facilites, pharmacies, medical wholesele and distibution, home health care workers or ides for the elderly, exergency dental facilites, nursing homes, residential health care felts, esearch facilities, congregate care ficiltes, intermediate care flies for those with intellectual or evelopmeatal disabilities, supportive living homes, home health eare providers, drag end Aleobol recovery support services, and medical supplies and equipment manuficturers and providers; b, Homeless shelters, food banks, and other services providing care to indigent or needy populations; 8 Childare faites; 4. Grocery stores, supermarkets, food banks, farmers’ markets and vendors who sell food, convenience store, and other businesses that genevate the majority of ther revenue from the sale of sanned food, dry goods, fresh fits and vegetables, pet food, feed, and other animal supply stores, fesh meats, ish, and poultry, and any the household consumer products; © Fans, ranches, and other food cultvati, processing, or packaging operations; £ Infrastructure operations including, but not Limited to, public works construction, commercial and residential construction and maintenance, sport operons, public transportation sisines, taxis, private transportation provider, transportation network companies, water, gas, cletrca, cl drilling, oi refining, natural resources extraction or mining operations, ‘nuclear malerial research and enrichment, those attendaat tothe repair end constraction of roads nd highway, gas stations, solid waste collection and removal, trash and recycling collection, processing and disposal, sewer, data and internet providers, data centers, techaology support ‘operations and tslecommunications systems;8 Manufucturing operations involved in food processing, manuficturing agents, chemicals, ferizer, pharmaceuticals, sanitary products, household paper froducts, ‘microeecironics/semi-conductor, primary metals manufacturers, eletrical equipment, appliance, and component manufacturers, and transportation equipment manufactures, hh, Services necessary to maintain the safety and sanitation of residences or essential ‘businesses including security services, towing services, custodial services, plumbers, electricians, and otter skilled trades; i, Veterinary and livestock services, animal shelters and facilites providing pet adopticn, grooming, daycare, or boarding services, i Media services; Automobile eps fciites, bike repair facilities, and retailers who generate the majority oftheir revenue from the sal of automobile or bike repair products; 1 Usities, including their contractors, suppliers, and supportive operations, ‘engage! in power generation, fuel supply and transmission, water and wastewater supply. m, Hardware stores; Laundromats and dry cleaner services; ©, Funeral homes, erematoriums and cemeteries; P. Banks, credit unions, insurance providers, payroll services, brokerage services, snd investment management firms; 4. Businesses providing mailing and shipping services; Laboratories and defense and national security-related operations supporting the ‘United States government, «contractor to the United States government, or any federal etity; 5. Profesional services, such as legal or accounting services, but only where necessary to assist in compliance with legally mandated activities; and Logistic, and also businesses that store, transport, or deliver grocerien, food, materials, goods or services directly to residences, retailers, government institutions, or essential Dusinesies. ®)__“Close-contact business” includes barbershops, har slons, gyms, group fitness lasses, tttoo parlors, nail salons, spas, massage parlors, esthetician clinics, enning salons, ‘guided "at tours, guided balloon tours, Bowling elles, ice skating rinks, and persontl training©) “Food and drink establishments” include resturants, breweries, wineries, isles, cafes, coffee shops, or other similar establishments that offer food or drink. For ‘purposes ofthis section, “breweries” are those busineses licensed pursuant to NMSA 1978, § {60-64-26.1 (2019); “isles” are those businesses licensed pursuant to NMSA 1978, § 60-64-1 (2012); and “wineries” are those businesses licensed pursuant to NMSA 1978, § 60-4711 (7019), (8) _“Fiouses of worship” means any church, synagogu, mosque, or other gathering space where persons congregate to exercise ther religious belie. (8) _*Close-contact recreational facilites" include indoor movie theater, indoor ‘museums with interactive displays or exhibits and other similar venues, miniature golf, arcades, amusement parks, aquariums, casinos, concert venues, profesional sports venues, event venves, boar, dance clubs, performance venues, gokart courses, automobile recetracks, adult fentertinment vecues, and other places of recreation or entrainment. For purposes of this soctcn, a “ba” is defined as eny busines that generated more than bal of its revenue from the sale of alcohol during the preceding fiscal year. (©, “Outdoor recreational fecilities” include outdoor golf courses, public swimming pools, outdoor tennis courts, youth programs, youth livestock shows, u-pick produce operations tnd com mazes, horseracing tracks, botanical gardens, outdoor roos, and New Mexico state parks (1) *Places of lodging” means all hotels, motes, RV park, and short-term vacation (8) “Retail space” means any business thet sells goods or services directly to consumers or end-users and includes the following “essential businesses” identified in the categsries above: 1(8), (1k, (Im, and (1)n. (©) “Mass gathering” means any public gathering, private gathering, organized event, ‘ceremony, parade, organized amateur contact spor, or other grouping that brings togethor more ‘han ten (10) individuals in a single oom or connected space, confined outdoor space or an open ‘outdoor space. “Mass gathering” does not include the presence more than five (S) individuals ‘where those individuals regully reside. “Mass gathering” does not include individuals who are public officials or public employees in the course and scope of their employment (10) “COVID-Safe Practices” (“CSPI”) are those direuives, guidelines, end ‘econmendations for businesses and other public operations that are set out end meanocalized in the document tiled “All Together New Mexico: COVID-Safe Practices for Individuals and Emplayers". That document may be obtained atthe following link htpsi/ev-ambealth org/covid- sefe-practcesTHEREBY DIRECT AS FOLLOWS: (1) Except as provided elsewhere in this Order, ell “muse gatherings” are hereby prohibited under tbe powers and authority set forth in the Public Health Act. An indoor or ‘outdoor parade of aay sort ise mass gathering; parades are therefore prohibited under this Order, @)_ “Esseotial businesses” may open but must comply with the pertinent “COVID- Safe Practices (CSFs)” section(s) of the “All Together New Mexico: COVID-Safe Practices for Individuals and Employers” and any identified occupancy restrictions. “Basential businesses” identified as a “retall space” may not exceed 25% of the maximum occupancy of any enclosed space on the business's premises, as determined by the relevant fre marsbal ot fire department. Further, an “essatial business” identified asa “retail space” may not allow a person who ‘without a mask or multilayer cloth face covering to enter the premises except where that person is in possession ofa writen exemption from a healthcare provider. 2) *Close contact businesses” may operate at up to 25% of the maximum occupancy of any enclosed space onthe business's premises, as determined by the relevant fie marshal or fire department. Bowling alleys may open for league play only and must adhere to occupancy restrictions and al applicable CSP's including wearing masks. Tce skating rinks may operate for alhletic training and practice by reservation ony, (4) “Close-contat recreational ficlites” must remain closed. (5) “Food and drink establishments” may provide dine‘in service, but they may not ‘exceed more than 25% occupancy of the maximum occupancy in eny enclosed space on the premises, as detemined by the relevant fie mersbal or fire department, “Food and drink ‘stablishments” choosing to provide indoor dining must ensure that thee is atleast six feet of| distance between tables. No more than six patrons may be seated at any single table. No bar our counter seating is permitted. Dine-in services shall be provided only to petrons who are seeted at table, and patrons may not consume food or beverage while standing. “Food and drink csfablshments” may also provide dine-n sevice in outdoor seating areas up to 75% oocupancy, where applicable, Tables in outdoor seating areas must be spacod atleast sx feet apart. NO ‘more than six patrons may be seated at any single table. Patrons mast be seated in order to be served food or drink unless ordering food for earrynut No har or ooonter seating is permitted. “Food and drink establishments” may provide carryout service, r delivery servie if otherwise permitted by law. Any food and drink establishment cet is permitted to serve alcohol must close by 10:00 pm. (©) _“Tlowses of worship” may hold services and other functions, indoors or outdoors, or provide services trough audiovisual means, “Houses of worship” may not exceed 40% ofthe ‘maximum occupancy of any enclosed building, as determined by the relevant fire marsbal or fire department. (1), “Outcoor recreational facilities” may operate provided they comply with the pertinent “All Together New Mexico: COVID-Safe Practices for Individuals and Businesses.” Further, state pars shall only be open to New Mexico residents. Visitor enters and any otherlarge enclosed indoor spaces at state parks shall remain closed. As a conition of entering e state pari all visitors must demonstrate proof of residency through one of the following means: [New Mexico license plate on their vehicle; a New Mexioo driver's licese or ID card; a valid. New Mexiso vehicle reyisiation; a federal document attesting to residency, or «military {dentfcation, The Stale Parks Division is directed to extend the use of annval cemping passes that wee porchased after March 2019 fora period determined by the State Parks Division related ‘o the original expiration date due tothe closure of State Parks to camping. In addition, public swimzing pools are frit to the concurrent use of not more than ten (10) persons. Play and splash areas shall be closed, Horseracing tracks may not allow spectators. (8) _ “Places of lodging” which have completed the NM Safe Certified training offered at htpsv/amsafecertified.rg may operate upto 60% of maximum oocupuney. All othe “places of locging” shall not operate at more than 25% of maximum occupancy. Healthcare providers Who are engaged in the provision of care o New Mexico residents or individuals utilizing “places of lodging” for extended stays, as temporary housing, or for pxposes of quarantining ball nt be counted for purposes of determining maximum occupancy. () __ Any business that is not identified as an “essential business”, “close contact business", “food end drink establishment”, “house of worship", “eloie-contact recreational facility”, “outdoor reeeational facility”, or ‘place of lodging” may open provided thatthe total ‘numberof persons situated within the business does not exceed 25% of th maximum occupency of any enclosed space on the busines’s premises, as determined by the relevant fire marshel or fire department. (10) _ Any entity, including businesses and houses of worship, operating pursuent to this publichealth order must comply with the pertinent “COVID-Safe Practices (CSPs)" section(s) of ‘the “All Together New Mexico: COVID-Safe Practices for Individuals and Employers” and also any identified occupancy restrictions. (11) Private educational institutions serving children and young adults from pre Kindegarien through 12 Grade, including homeschool serving children who are not household member, shall adhere to the face covering and other COVID-Safe Practices requirements for ine person instruction described in the document “Reentry Guidance” publisied by New Mexico's Public Education Department on June 20, 2020 and as updated from timeto time thereafter, and shall eperate with a maximum occupancy of 25% of any individual enclosed indoor space, such 1s any classroom, es determined by the relevant fire marshal ot fire department, with the ‘cupancy restriction herein to govern in the event of any diserepan:y with the “Reealry Guidance.” (12) _ Unless a healthcare provider instructs otherwise, all individsals shall wear & mask ‘or mutilayer cloth face covering in public settings except when eating or drinking. Masks with ‘venis shall nt satisfy this requirement, (13) The New Mexico Department of Health, the New Mexico Department of Public Safely, the New Mexico Department of Homeland Security and Emergency Management, the(4) _Inord: to minimize the shortage health care supplies and athe necessary goods socety stores and other retailers are hereby directed to limit the sale of medication, durable ‘medicel eguipmen,bsby formule, diapers, sanitary cae products, and Aygiene products to the items per individvl. NMSA 1978, §12-10A-6 (2012). FURTHER DIRECT as follows: (1) This Public Health Order shall be broadly disseminated in English, Spanish and. ‘other appropriate languages to the citizens of the State of New Mexico, 2) This Public Health Order declaring restetions based upon the existence of condition of pubic heath importance shall not abrogate any dsenseteporting requirements Sct forth inthe New Mexico Public Health Act. ®)__ Nothing in this Public Health Order is intended to retain or preempt local authorities from enacting more stringent restrictions than those required by the Order. (4) This Public Health Order shall take effect on October 16,2020 and remain in effect ‘trough November 13, 2020, I FURTHER ADVISE the public to take the following preventive precautions: + New Mexico citizens should stay af home and undertake only ose outings absolutely ‘nesessary for their health, safety, or welfare, + Retlers should tke appropriste action consistent with this order to reduce hoerding and ‘ensure that ll New Mericans can purchase necessary goods. = Avvid crowds, + Avoid all nos-esential travel including plane rps and euise ships. ATTEST; DONE AT THE EXECUTIVE OFFICE THIS 16TH DAY OF OCTOBER 2020, terdrbrvee Being irnynss ny an ANDTHE OREAT MAGGETOULOUSEOLIVER SEAL OF THE STATE OF NEW MEXICO SECRETARY OF STATE amivin ACTING CABINET SECRETARY OF THE STATE OF NEW MEXICO DEPARTMENT OF HEALTH