Updated: June 8, 2020
Executive Order 2020-036, signed on June 1, 2020, essentially extends through June 30, 2020, the Governor’s original statewide public health emergency proclaimed in Executive Order 2020-004, which referred relied on the New Mexico Department of Health to set forth specific guidelines for the safety of New Mexican citizens. The new Order also extends Orders 2020-022, 2020-026, and 2020-030 through June 30, 2020.
This Order sets forth the following provisions:
- Restaurants may resume indoor seating at 50% maximum occupancy, but bar and counter seating are still prohibited; customers must be seated at tables positioned at least 6 feet apart, among other required and recommended COVID-Safe Practices.
- However, bars (defined as food and beverage service establishments that derived more than 50 percent of their revenue in the prior calendar year from the sale of alcoholic beverages) must remain closed.
- Gyms are allowed to reopen at 50% occupancy, but group fitness classes are not permitted, but personal training is permitted for up to two trainees.
- Public swimming pools may reopen for lap swimming and lessons of up to two students.
- Hotels may operate at 50% of maximum occupancy under COVID-Safe Practices.
- Indoor malls, hair and nail salons, barber shops, tattoo parlors and massage services may begin operating at 25% occupancy.
- However, shopping mall food courts must remain closed, and loitering is prohibited.
- Salons and other personal-service businesses must operate on a by-appointment basis, and waiting rooms must remain closed (clients will not be allowed to enter until time for their appointment).
- Drive-in theaters may reopen under COVID-Safe Practices.
- State parks are reopening on a case by case basis, some with capacity limits.
The Updated Order does NOT change the following requirements, which are still in place:
- Retailers and houses of worship may operate at 25% of maximum occupancy in accordance with COVID-Safe Practices.
- Recreational facilities must remain closed.
- Face-coverings must be worn in public settings.
- Mass gatherings and congregations are still prohibited.
The New Mexico Public Health Order (1) prohibits mass gatherings; (2) directs all businesses except “essential businesses” to reduce in-person workforce by 100%; (3) mandates the closure of physical office spaces, retail spaces, or other public spaces of businesses while allowing telecommuting or working from home. “Essential businesses” may remain open provided they minimize operations and staff and adhere to social distancing protocols and are cleaned routinely. The order does not reference the CISA List to define “essential businesses,” and enumerates a list of business and non-profit categories that qualify.
Summary of Order
- New Mexico Public Health Order (Issued on March 23, 2020)
- The New Mexico Public Health Order took effect immediately and remains in effect until rescinded by the Governor.
- Essential Business Lists: Categories of businesses or non-profits that are considered to be an “essential business” are listed in the order and on the State’s website. These categories include:
- Healthcare / Public Health
- Emergency Services
- Indigent Care
- Infrastructure Operations
- Food and Agriculture
- Defense Research
- Service Sector
- Professional Services
- Financial Services
Social Distancing Requirements
- Pursuant to the order, essential businesses must adhere to social distancing protocol and maintain at least six-foot social distancing from other individuals, avoid person-to-person contact, and direct employees to wash their hands frequently.
- The order provides that all public and private employers are required to comply with the Order, and that the New Mexico Department of Public Safety, the New Mexico Department of Homeland Security and Emergency Management, the Department of the Environment, and all other State departments and agencies are authorized to take all appropriate steps to ensure compliance with the Order. No further detail regarding enforcement is provided.