New Mexico, Unequal Capacity Limits, New Mexico 2020
ALBUQUERQUE, New Mexico - In a shocking turn of events, the Justice Department has filed a statement of interest in a New Mexico federal court, challenging the state's COVID-19 rules that limit private schools to operating at 25% capacity while allowing public schools to operate at 50% capacity.
The move comes as a surprise to many, as the state had previously defended its rules as necessary to slow the spread of the virus. However, the Justice Department argues that the rules violate the Equal Protection Clause of the United States Constitution, which guarantees that all citizens be treated equally under the law.
"Parents have a fundamental right under the United States Constitution, without interference from the government, to select the school for their children of their choice, whether a public school, a parochial school, or a non-religious private school," said Assistant Attorney General Eric Dreiband for the Civil Rights Division. "New Mexico's response to COVID-19 has infringed that right by adopting one rule for public schools and another for private schools, resulting in private schools remaining closed for in-person instruction, without justification. There is no pandemic exception to the Constitution and New Mexico's differential standards for private and public schools cannot stand."
According to sources, New Mexico has issued various orders imposing limitations on a range of activities to reduce disease transmission. Public schools are permitted to operate at 50% of capacity, and day care centers can operate at 100% of capacity with social distancing and hygiene measures in place. Private schools, however, are limited to 25% capacity, regardless of social distancing and hygiene measures adopted.
The move has sparked controversy, with some arguing that the rules are necessary to protect the health and safety of students and staff. However, the Justice Department argues that the rules are discriminatory and infringe on the rights of parents to choose the education their children receive.
Douglas Peterson, who sends his daughter to Albuquerque Academy, a private school, filed a federal lawsuit against state officials on his and his daughter's behalf after the school determined that it could not open for live instruction of its students with the 25% capacity limit, although it could accommodate all of its currently enrolled students if allowed to operate at 50% capacity.
Defendant: State of New Mexico, Unequal Capacity Limits, New Mexico 2020
Defendant Real Full Name: State of New Mexico
Exact Criminal Charges: Violation of the Equal Protection Clause of the United States Constitution
City and State: Albuquerque, New Mexico
Exact Date: September 11, 2020
Sentence or Outcome: Currently pending in federal court
Dollar Amounts: None
Defendant's Address: 325 Don Gil Rd, Santa Fe, NM 87501
Key Facts
- State: New Mexico
- Category: Public Corruption
- Source: DOJ Press Release â†â€â€
ðŸâ€Â’ Get the grimiest stories delivered weekly. Subscribe free →