Governor Michelle Lujan Grisham invoked the New Mexico Riot Control Act, which authorized her to enact temporary restrictions to mitigate the uninhibited spread of COVID-19 in the City of Gallup.
The Riot Control Act authorizes the governor to, for the temporary existence of a state of emergency, prohibit persons being on public streets and the use of certain streets and highways, among other broad emergency restrictions.
The act states in Section 12-10-17 – Proclamation of emergency that “Upon request of the mayor of a municipality or the sheriff of a county or a majority of the members of the governing body of the municipality or county having jurisdiction and after finding that a public disorder, disaster or emergency which affects life or property exists in the state, the governor may proclaim a state of emergency in the area affected. The proclamation becomes effective immediately upon its signing by the governor.”
In Section 12-10-18 – Emergency restrictions: It lists that the governor may prohibit by proclamation any person being on public streets, parks or locations during specific hours; gatherings; the sale or purchase of or dispensing of alcoholic beverages; the use of certain streets and other activities to help maintain life, property or the public peace.
WHAT IT MEANS FOR PEOPLE IN GALLUP
Effective at 12 pm, May 1, all roads into Gallup are closed. Businesses in Gallup will be closed from 5 pm through 8 am.
Vehicles may contain a maximum of two individuals.
The state transportation department has set up the following checkpoints at multiple points of entry into Gallup. State Police and the Army National Guard will be staffing the checkpoints. Motorists should expect to stop at these locations. Signs will be posted at least a half mile out, warning drivers of checkpoints ahead.
- I-40 Exit 20 eastbound
- I-40 Exit 20 westbound
- I-40 Exit 22 eastbound
- I-40 Exit 22 westbound
- NM-118, milepost 25.7 westbound
- NM-118 eastbound at Hampton Inn
- NM-602 milepost 27.5 northbound
- US-491 southbound @ South Chino Loop
- Hassler Valley Road at the intersection north of I-40
- Rehoboth Drive and Churchrock Street
- Sanostee Drive @Sweetwater Place
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.
In his letter to the governor, Gallup Mayor Louis Bonaguidi acknowledged the need to craft restrictions to address the crisis.
“Further,” he said “we recognize that an emergency declaration under the Riot Control Act expires after three days, and that additional requests will need to be made if the situation warrants your continued exercise of authority.”
These Gallup restrictions will automatically expire on the third day after they become effective, unless terminated sooner by proclamation of the governor. The Gallup emergency is effective immediately and will expire at 12 pm May 4.
State Sen. George Muñoz, D-Gallup talked about the importance of getting back to normalcy in McKinley County.
“Thus, we are restricting travel in and out of the county, establishing a quarantine, for the next three days. We will assess each day afterwards until the spread of the virus is reducing,” he said.
The modified public health order for the state, announced by the governor during an online conference on April 30, will not apply to McKinley, Cibola and San Juan Counties. The new order calls for modified re-opening of some businesses.
McKinley County as of April 30, had reported 1,027 positive cases of COVID-19, more than 30 percent of the state’s total positive COVID-19 cases and the most positive cases in the entire state, outstripping even far more populous counties. Its infection trend has shown no sign of flattening.
