New Mexico extends indoor mask mandate through Jan. 7 amid prolonged surge in COVID-19 cases

Concerns about enforcement of masks dominate workforce and public health complaints

Algernon D'Ammassa
Las Cruces Sun-News

In the midst of a prolonged surge in COVID-19 cases driven by the delta variant, New Mexico again extended its mask mandate, through Jan. 7, for indoor public spaces in a public health order issued Friday. 

The state health department reinstated the mask mandate in August, after the first month of the delta wave that led to increased pressure on the state's hospital network, when it was already contending with high volumes of patients with non-COVID health problems.

Several hospitals have subsequently enacted crisis standards of care, accommodating far more patients than their licensed capacities in the midst of a nursing shortage. 

The health order calls for all persons ages 2 and up to wear a face covering indoors in public settings, unless eating or drinking, regardless of vaccination status. 

While the order provides for fines up to $5,000 for violations, state health officials have conceded that the mandate is rarely enforced, and have promoted an educational approach over punitive government action. 

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Some fans — including Mayor Ken Miyagishima, bottom right in red and white mask — wear masks as the New Mexico State Aggies face off against the UTEP Miners at the Pan American Center in Las Cruces on Saturday, Nov. 13, 2021.

A Las Cruces Sun-News review of 2,190 complaints reports of COVID-19 health order violations submitted via the state Department of Health website between Aug. 20 and Sept. 30 counted more than 1,900 complaints about masks.

While a few of these appeared to be duplicate comments or jokes, the complaints overwhelmingly expressed frustration over businesses and government entities not enforcing — in some cases openly flouting — the mask mandate. 

"... is anybody ever going to do something about the violations that go on every day?" a complainant reporting a business in Carlsbad wrote, adding: "If nobody is going to do anything about the violations why have a mask mandate?"

Additionally, out of 91 workplace complaints submitted to the state Occupational Health and Safety Bureau between August and mid-November, 34 cite mask policies as at least part of the complaint, with several complaining about management requiring employees to work in an environments where mask compliance was lax. 

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The dotted black line in this New Mexico Department of Health chart describes the 7-day moving average of daily COVID-19 cases in New Mexico. At right is the surge in cases driven primarily by the delta variant of SARS-CoV-2 since July.

Some OHSB complaints also allege their employers were not reporting COVID-19 cases among staff as required under the same health order, which states that publicly accessible businesses or entities with more than four rapid responses to COVID-19 infections by the New Mexico Environment Department in 14 days would be reported publicly.

The order also orders private educational institutions to follow the state Public Education Department's COVID-19 practices, including masking. 

The Centers for Disease Control and Prevention indicates masks are effective in slowing community spread of the SARS-CoV-2 coronavirus, which causes COVID-19 disease. It indicates even fully vaccinated individuals should wear masks in areas of "substantial or high transmission," which presently includes all 33 New Mexico counties.

Read the December 10 public health order here:

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonWrites on Twitter.