Roads closed into New Mexico city to mitigate ‘uninhibited spread of Covid-19’

The governor of New Mexico declared a state of emergency Friday for the city of Gallup to “mitigate the uninhibited spread of Covid-19.”

The city is under emergency restrictions to control the outbreak, according to a statement from New Mexico Gov. Michelle Lujan Grisham.
All roads into the city have been closed, businesses must close between 5 p.m. and 8 a.m. and vehicles can only carry two individuals, according to the governor’s order. The governor is recommending that residents remain at home except for emergency outings and those essential for health and safety.

“I recognize this request is unusual and constitutes a drastic measure, and the emergency powers set out under the Riot Control Act should be invoked sparingly,” Gallup Mayor Louis Bonaguidi wrote in his letter. “However, the COVID-19 outbreak in the city of Gallup is a crisis of the highest order. Immediate action is necessary.”

Under the Riot Control Act, anyone who fails to comply with restrictions imposed under the act is guilty of a misdemeanor, and upon conviction of a second or subsequent offense is guilty of a fourth-degree felony.

The emergency order and road closures will be enforced by Gallup city police, the McKinley County Sheriff’s Department, the New Mexico State Police and state Department of Transportation. The New Mexico National Guard will provide support in a non-law enforcement capacity.​

The police and New Mexico National Guard have shut down the roads going in and out of Gallup, essentially isolating the town.

Violators will be arrested.

Can anyone explain to me how in the fuck this is in any way Constitutional?

 

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By J. Kb

6 thoughts on “How in the F— is this legal?”
  1. Not nearly as God awful as what is in the article here, but up here in good ol’ MI, Herr Whitmer has extended our lockdown another month. Despite the legislation voting against it, making what she is doing illegal. But it doesn’t matter, she is doing it knowing it will take the courts to get off their butts to actually do anything about it. And she’s too busy punishing the proles that dare protest her authority to care anyway.

  2. Jkb,
    I think the courts would agree with you. But the wheels of justice are often slow, as you know, and not all appellate judges are equal (think 9th circuit). This type of thing, I hope, will make it to the Supreme court, while it is still mostly originalist.

  3. One question, is the riot control act even legal.

    Two … how does this constitute a riot situation?

  4. State of emergency, those powers are pretty wide. I thought it was ridiculous, too, until I read the town leads the state in cases with no sign of improvement.

    These laws aren’t new, and I bet they’ve been through the Constutional wringer.

  5. But it’s okay because they’re never going to be able to find police officers or guardsmen to close the roads, because that would be following a clearly unconstitutional order, right?

    Right?

Only one rule: Don't be a dick.

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