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Law360 (May 7, 2020, 7:29 PM EDT) -- New Mexico Gov. Michelle Lujan Grisham again invoked the state's Riot Control Act on Thursday to extend a lockdown in the state's northwestern city of Gallup, which borders the Navajo Nation and has seen a sharp uptick in COVID-19 cases in recent weeks.
All roads into Gallup will remain closed until Friday at 8 p.m., according to the order, issued at the request of Gallup Mayor Louis Bonaguidi. Checkpoints will remain in place through Sunday afternoon to enforce a two-person-per-vehicle rule. The city's residents must remain in their homes except for emergency trips, and face coverings are required in public.
A major Navajo hub for food and supplies, Gallup initially shut down on May 1. Infractions are punishable by a misdemeanor or class-four felony.
"As I have said previously, invocation of emergency powers under the Riot Control Act is a drastic measure and this authority should be utilized sparingly," the governor wrote in her Thursday order. "However, given the continuing health emergency and the particular exigencies at issue, extreme action is warranted."
Gallup City Manager Maryann Ustick told Law360 that the city intentionally timed its Friday road reopening to coincide with the start of a weekend-long coronavirus curfew on the Navajo Nation reservation. The country's largest reservation, it covers parts of New Mexico, Arizona and Utah.
"We're trying to avoid a whole deluge of people," Ustick said. "People that are not on the Navajo Nation can come in. The order also keeps the business curfew in place so people don't have any reason to come in Friday. We're trying to make this gradual."
The city may seek further extensions of the lockdown, Ustick added. Any emergency declaration made under the Riot Control Act expires at noon on the third day after it takes effect and must be renewed.
Navajo Nation President Jonathan Nez has praised the Gallup lockdown as a necessary measure. His office did not immediately comment on this latest extension.
Navajos living on and near the reservation told Law360 this week that many Navajos rely on the city, and that its closure has resulted in long lines and barren shelves at shops in other border towns, such as Holbrook, Arizona, and Farmington, New Mexico.
Gallup has just 3.5% of New Mexico's population but currently accounts for about 30% of the state's COVID-19 cases, according to a press release from the town. About 40% of Gallup's population is Navajo, Ustick said.
More than a quarter of positive Navajo cases — 736 as of Wednesday — are in New Mexico's McKinley County where Gallup is located, according to the Navajo Nation. The nation is reporting 2,654 total positive cases and 85 deaths.
--Editing by Nicole Bleier.
For a reprint of this article, please contact reprints@law360.com.
