GRISHAM OVER THE STATE’S PUBLIC HEALTH ORDER… HOPING TO PROVE THAT SOME OF THE FINES BEING TIED TO THAT ORDER ARE ILLEGAL. NEWS 13’S CHRIS MCKEE EXPLAINS. THE LAWSUIT IN CURRY COUNTY DISTRICT COURT.. COMES FROM SEVEN DIFFERENT BUSINESSES MOST IN SOUTHEAST NEW MEXICO. SOME OF THEM WERE THREATENED WITH A FIVE-THOUSAND DOLLAR FINE IF THEY STAYED OPEN. Steve Pearce/NM GOP Chairman 11:02:38 “The governor is mixing two laws, she’s taking the enforcement from one law and applying it to the other. Under the law that she’s shutting down businesses, she really only has the opportunity to levy the equivalent of a parking ticket, she can give a misdemeanor fine for 100 bucks.” 11:02:55 THE NEW MEXICO REPUBLICAN PARTY IS BACKING THE LAWSUIT. AT THE HEART OF IT.. ARE TWO STATE LAWS. FIRST.. THE PUBLIC HEALTH ACT.. OR THE LAW THE STATE USED TO TEMPORARILY SHUT DOWN BUSINESSES. THE LAWSUIT CLAIMS.. THAT LAW ALLOWS THE STATE TO LEVY 100 DOLLAR FINES PER DAY AGAINST NON-COMPLIANT BUSINESSES. THE OTHER LAW IS THE “PUBLIC HEALTH EMERGENCY RESPONSE ACT” — WHICH THE STATE’S BEEN USING TO ISSUE FINES UP TO 5-THOUSAND DOLLARS A DAY. THOSE SUING CLAIM THAT LAW AND FINE.. DOESN’T APPLY IN THIS SHUTDOWN. GOP CHAIRMAN STEVE PEARCE SAYS THE HOPE A JUDGE AGREES.. ALLOWING FOR RESTAURANTS AND OTHERS TO REOPEN WITH A MEAGER 100-DOLLAR A DAY FINE. Steve Pearce 11:04:41 “You can’t intimidate people, you don’t have the right to levy those 5000 dollar fines, you can put a hundred dollar fine, but you’ve gotta prove that in court” 11:04:49 Gov. Michelle Lujan Grisham/D New Mexico 15:46:45 “So far we have found that are on very productively in front of fact finders” 15:46:56 AT LEAST TWO OF THE BUSINESSES IN THE LAWSUIT… FRONTIER AUTO AND BODY AND SOL FITNESS IN LOVINGTON DECLINED OUR REQUEST FOR AN INTERVIEW TODAY. THE GOVERNOR’S OFFICE DECLINED TO GIVE ANY SPECIFIC STATEMENT IN RESPONSE TO THE LAWSUIT TODAY. BACK TO YOU. OKAY CHRIS. THE HIGHEST PROFILE PLANTIFF IS MONROE’S RESTAURANT HERE IN ALBUQUERQUE. THE COURT HASN’T SET A DATE FOR WHEN THEY’LL HEAR ARGUMENTS IN THE CASE. THE STATE ANNOUNCED 163 NEW CORONAVIRUS CASES TODAY… AND 11 NEW DEATHS. THERE ARE NOW 6,472 CASES IN NEW MEXICO AND A TOTAL OF 294 DEATHS.