State v. Wilson
State v. Wilson (Supreme Court of New Mexico, June 7, 2021): The State of New Mexico sought relief from the New Mexico Supreme Court with respect to a number of cases brought by business owners regarding COVID-19 social distancing orders. The business owners claimed the state’s emergency orders limiting public gatherings during COVID-19 constituted regulatory takings of their private properties. They sought compensation under the State Constitution and the Public Health Emergency Response Act (PHERA). The court found the State’s request was justified due to serious public health concerns. Granting relief, the court noted that “[f]uture parties should take into account . . . that the State has broad powers to act in the face of grave threats such as COVID-19,” and that such orders fall within the police powers of the state. Plaintiffs’ compensation claim under PHERA was also denied. Read the full decision here.
View all cases in the Judicial Trends in Public Health – August 16, 2021.
View all cases under “Public Health Emergency: Legal Preparedness & Response.”