On Monday afternoon, Backstreet Grill, a restaurant in Old Town Albuquerque that had remained open despite bullying from Gov. Michelle Lujan Grisham’s New Mexico Environment Department (NMED) for alleged non-compliance with mask mandates, had a surprise legal win.
Second Judicial District Court Judge Lisa Chavez Ortega ruled against NMED after the lawyer representing the Department, Andrew Knight, claimed, “The change in the mask mandate only applies to vaccinated, fully vaccinated individuals.” He said, “This restaurant has become the center of for the no mask, no vax crowd” and “We just know they’re unvaccinated in that restaurant.”
Despite the claim that the restaurant had supposedly become a “center” for anti-vaxxers, the judge was not impressed, asking Knight, “The enforcement of the fully vaccinated issue that you just mentioned, how can that be enforced?”
After the decision, attorney Jonathan Diener who is representing Backstreet Grill, said, “We had a big legal win today in Albuquerque. We got a judge who was not a maskhole. She refused to extend the ex-parte temporary restraining order against our restaurant client which had ordered them to close for ignoring the mask ‘mandate’ (all their employees did not mask). Or to hold them in contempt for ignoring the order after she made it and they remained open. She did this based on the fact that the governor has lifted the mask mandate in N.M for the vaccinated.”
He did add, however, “The case is not over. They (NMED) have a chance to file a new motion arguing that the injunction should issue because the restaurant, its employees and patrons, the attorney said, were a hotbed of antivaxers and enemies of covid fascism and would certainly not all be jabbed.”
The temporary win for Backstreet Grill is a blow to the Governor and the Environment Department, who wished to make an example of the restaurant and instead ended up with a legal loss.
“We will continue to move forward through the court to ensure this establishment is held accountable,” said Maddy Hayden, director of communications for Gov. Lujan Grisham’s New Mexico Environmental Department.
The restaurant is also reportedly facing Mayor Tim Keller’s City of Albuquerque suspending its food permit. According to KOB 4, “The city is still trying to figure out what, if any, course of action it will take.”
Not Vaccinated ??????????? really , by law ( HIPA ) no person can be compeled to share their medical records , no government agency can even demand them ! it is a consensual arangenment , you sign a release for your doctor to even share your records with another doctor , or other medical profesion !
2 nd > there is NO statutory authority ( written law ) for fines , or these orders !
I agree whole heartily with you. Yes I am in the process of getting vaccinated myself since I am old and have some health conditions but I agree with you that it is a personal choice. Nothing that I know of in the Constitution requires you to wear a mask nor in the state of New Mexico. I am sick of this tyrannical governor who is drunk with power taking away the citizens civil rights. If I was her or the mayor I would be very careful what they do. 2021 is on the horizon and if they want to get completely destroyed in the election keep doing what they are doing. That is of course if citizens in Albuquerque and elsewhere in the state have the guts to stand up to them like the Backstreet Grill did. Way to go!
Finally!!! A judge who sees through the state’s BS.
Thank You Backstreet Grill!
About time someone teaches that troll a lesson
This, if held up, could force the governor to lift all mandates for masks. If other restaurants follow suit, she will have choice. The world is watching.
Great win for freedom. I hope this wakes up people to the fact that Americans have rights and we can make our own choices as to our health. We don’t need or want oppressive dictators controlling every aspect of our lives. We must continue to exercise our rights or lose them. The communist oligarchs and their paid stooges in government will continue to dictate unconstitutional mandates so keep vigilant and continue fighting for freedom. God Bless.
Absolutely absurd what the democrats will go threw to destroy many people’s lively hood just to show control over the people they “represent”
Thank goodness for honest attorneys like Jonathon Diener! He is standing up for the rights and freedom of all New Mexicans through extensive adversity. Good job, Mr. Diener!
All businesses that were forcibly closed or fined for similar issues should reach out to Backstreet Grill and join forces. Great thanks to the patriots that went to the defense of Backstreet Grill when the State Police were sent as MLG’s gestapo to serve cease and desist orders under the nose of the Bernalillo Sheriff’s nose.