Categories
Education Local Government Notable News Open Government Top Issues Videos

Talking APS property tax with KOAT Channel 7

As discussed in a recent blog post here there is an Albuquerque Public Schools property tax issue on voters’ ballots this November. As seen below the ballot language certainly seems to indicate a property tax increase, but in this story for which RGF talked to KOAT Channel 7, APS claims it is NOT a tax hike.

We looked extensively on the APS website and found nothing, nor does the full ballot text on our sample ballot (find yours here) have any clues.

Categories
Education Notable News Public Comments and Testimony Top Issues

Comment on Critical Race Theory in MLG’s proposed social studies curriculum

Gov. Lujan Grisham’s Education Department just released its new social studies standards. You can find all 122 pages here. As described below the standards are rife with Critical Race Theory (CRT) themes and other questionable material that may not fit squarely within CRT (read more on what that means here).

Before getting into some of the specific problems with the proposed standards, PED is NOW accepting public comments and will do so until November 12, 2021 at 5 p.m. (MDT). There will be a public hearing  Friday, November 12 from 1 p.m. to 3 p.m. (MDT) at Mabry Hall in Santa Fe.

All written rule feedback should be submitted to:

  • Emailrule.feedback@state.nm.us
  • Fax505-827-6520
  • Mail: Policy Division, Public Education Department, 300 Don Gaspar Ave., Santa Fe, NM 87501

Here is a rundown of SOME of the problems with the proposed standards:

  1. In Ethics, Cultural and Identity Studies there is a requirement that students assess how social policies and economic forces “offer privilege or systemic inequity in accessing social, political, and economic opportunity.” This is classic CRT theology.   6.29.11.23(A)(1)(d)
  2. Throughout the entire social studies curriculum for K-8 grades, there is a continue focus on the differences, rather than the similarities, among various groups of people.  This, too, is classic CRT as the purpose is to divide people among various minority groups, which can quickly lead to victimhood.
  3. There are also numerous example where a teacher can impose the notion of “justice and fairness,”  unequal power relations, “past and current injustices”, although those terms are open to many interpretations.  These phrases are also classic CRT as it perpetrates the sense of inequity in our society along racial lines.  6.29.11.11(E)(2) and 6.29.11.15(E)(7) and 6.29.11.15(E)(12)
  4. Within High School U.S. History, a requirement that students “evaluate what an efficient, equitable, and just economic system would look like in the U.S.”  This is again classic CRT as it imposes the belief on students that our current capitalistic system must be eliminated in order to eliminate racism.   6.29.11.21(A)(1)(i)
  5. Within High School U.S. History, students are required to create an action plan for a more just and equitable America for diverse groups of people including Native Americans and African Americans.  This is another CRT theology component in that America is automatically unjust and inequitable to various minority groups.  6.29.11.21(A)(3)(kk)
  6. Within High School U.S. History, students are required to examine the past, present, and future of gun violence in the U.S.  Of course, there are no standards provided to discuss the constitutional rights of gun owners, or that individuals, not an inanimate object, are responsible for gun violence in America or how gangs, drug cartels, etc. have resulted in greater gun violence in our society. No positives regarding gun usage by women or minority groups are put forth.    6.29.11.21(A)(1)(gg)
  7. In the 5th Grade, students are  required to describe how inequity in the U.S. laid the foundation for conflict that continues today.  Another classic example of CRT as it stresses racial disparity in terms of inequality.  6.29.11.13(A)(3)(b)
  8. Within High school U.S. History, students must examine the short-and long-term effects of CIA involvement in Latin America. How about pairing this with a discussion of Communism and the negative impact it has had in Cuba and other Latin American nations.    6.29.11.21(A)(1)(x)
  9. In the 7thGrade, students must compare the patterns of exploration, destruction and occupation of the Americas by the Spaniards.   6.29.11.15(D)(3)(g)
  10. Within High School U.S. History, students must explore the movement against police brutality.   6.29.11.21(A)(3)(mm)

RGF will be formulating its own comments in a subsequent post, but you are encouraged to submit your own and highlight this.

Categories
Education Legislature Notable News Top Issues

Las Cruces Sun-News piece: Back to school brings big challenges in New Mexico

 

 

School has begun for most New Mexico students. While every school year is different, this year is certainly more different than most. For starters, students are returning to “semi-normal” classrooms after 1.5 years of remote learning and relative chaos. Unfortunately, as of this writing schools in Rio Rancho, Carlsbad, Los Lunas, and Roswell have “temporarily” had to again go “virtual.”

Lost classroom time has had a big impact on academic outcomes for New Mexico students. According to the Legislative Finance Committee, the Legislature’s “in-house” think tank, K-12 students in New Mexico have fallen behind anywhere from six months to two years. Furthermore, lost classroom time will widen existing learning gaps, particularly for low-income families.

Many New Mexicans likely assume that students across the nation, not just in New Mexico, spent most of the 2020-2021 school year doing remote learning, that is not the case. According to the Burbio website which tracks various COVID-related policies, Utah students spent more than 80% of the year in their classrooms last year and Colorado students were in their classrooms nearly 65% of the time. New Mexico students were in their classrooms only about 33% of the time. According to Burbio, New Mexico students lost more classroom time than students in all but five other states last year.

Even prior to COVID, we knew that New Mexico students perform worse than students in virtually any other state. Catching up from both the preexisting learning gap and the one created last year is going to be a serious challenge. Unfortunately, New Mexico’s Public Education Department (PED) is in chaos. After just 2.5 years in office, Gov. Lujan Grisham is now on her 4th Education Secretary with the recent departure of Ryan Stewart.

At a July LFC meeting several legislators and tribal leaders raised some difficult questions about the ability of the State’s education system as it currently exists to improve student outcomes.

These were not Republicans who have long been frustrated by the growing K-12 budgets absent improved results. Rather, Democrat Rep. Derrick Lente (Sandia Pueblo) expressed concern for Native American students saying they, “have been left to rot because of where they come from” for many years. How much longer do our children have to fail for us to get this right?” Lente continued.

Another powerful, “progressive” Democrat (just named to the 2nd-highest position in the House) Rep. Javier Martinez, D-Albuquerque said he had, “started to question whether more money is actually needed beyond what we’ve invested. I think we’re losing steam,” Martinez said, “I’d hate to be back here in 20 years talking about how nothing has changed.”

To say that we at the Rio Grande Foundation concur with these legislators’ concerns would be an understatement. We have long held that robust reforms including both increased choice and accountability are critical to improving New Mexico’s educational performance.

Of course, talking about a problem and taking action to solve it are two very different things. In this year’s 60-day legislative session several “school choice” bills were introduced only to be killed immediately.

Will the upcoming 2022 session be different? That is ultimately up to voters. Across the nation school choice is spreading rapidly in states where education policy is not controlled by unions. Unfortunately, New Mexico’s Legislature is not one of those states. School board elections are coming this fall. If you are concerned about education policy in New Mexico, educate yourself on school board candidates and vote this November. The Rio Grande Foundation’s sister organization Opportunities for All Kids New Mexico www.oaknm.org is currently surveying school board candidates and publishing the results online.

Paul Gessing is president of New Mexico’s Rio Grande Foundation. The Rio Grande Foundation is an independent, nonpartisan, tax-exempt research and educational organization dedicated to promoting prosperity for New Mexico based on principles of limited government, economic freedom and individual responsibility

 

Categories
Audio Economy Education Energy and Environment Notable News Top Issues

Paul Gessing discusses the latest news and challenges facing our State on New Mexico Rising Podcast

Paul had a fun conversation with the guys at the New Mexico Rising podcast. You can find the conversation below on Youtube as well as audio versions of this and other podcast episodes here.

Categories
Education Notable News Top Issues

KRQE covers mask protests

Over a very busy weekend the head of the Rio Grande Foundation joined New Mexicans (in Albuquerque) protesting against masking kids in school this fall. At its peak there were approximately 150 people in attendance. Especially notable were the loud horn honks from the numerous cement truck drivers as they passed. Blue collar workers certainly seem to oppose masking kids in school.

RGF’s Paul Gessing briefly spoke to the reporter for the story at the end below:

The Conservative New Mexican also had an excellent writeup of the Albuquerque event.

 

Categories
Education Notable News Open Government Top Issues Videos

RGF discusses “Monuments to Me” Sheryl Williams Stapleton edition on KOB TV

Rep. Sheryl Williams Stapleton is in hot water and resigned over serious allegations of money laundering. Over a decade ago the Rio Grande Foundation questioned the practice of naming public facilities after elected officials. KOB TV interviewed RGF president Paul Gessing about the issue. Watch the full story here:

Categories
Education Legislature Notable News RailRunner Spaceport Top Issues

New Mexico politics summed up in one handy Trever cartoon

To say that we’re fans of Albuquerque Journal editorial cartoonist John Trever may be a bit of an understatement. But the Sunday cartoon (below) is particularly genius because of its multiple meanings about the way New Mexico politics and policies work.

  1. Private success vs. Public sector failure: While we have certainly criticized Bill Richardson’s decision to build a $200+ million Spaceport for Richard Branson, in the bigger picture both Bransons’ and Bezos’ successes are achievements for the private space industry. New Mexico’s schools are overwhelmingly government-run and funded. It would be nice if those who are rightly frustrated by the failures of this system would join us in focusing their efforts on bringing private sector competition and competence to bear on the difficult challenge of improving literacy in NM.
  2. A SECOND interpretation of the cartoon is yet another common theme of New Mexico government. Rather than doing the basics (like education) well, elected officials prefer to pursue expensive, high profile projects that really aren’t appropriate functions of government. The Spaceport is one such example, but Mayor Keller’s plans to build a new soccer stadium (with a starting price tag of at least $65-$70 million just to build, let alone property acquisition and inevitable cost-overruns) is another. Again, crime and public safety are crises demanding resources and attention, but Keller would rather build a stadium instead.
Categories
Economy Education Legislature Notable News Tax and Budget Taxes Top Issues

RGF’s latest at National Review: Stagnant New Mexico a Case Study in Why Economic Policies Matter

The following appeared at National Review on May 24, 2021.

The U.S. Census Bureau recently released population data showing how the population of America and its 50 states had shifted between 2010 and 2020. As has been the case for decades, Midwestern “Rust Belt” states overall lost representation, while fast-growing states in the Southwest gained seats (Texas added two and Colorado one). For the first time ever, California actually lost a congressional seat.

Yet overlooked by the national media in all of this was what can only be described as the impending creation of a population “donut hole” in the otherwise fast-growing Southwest — that is, my home state of New Mexico.

While Utah and Arizona didn’t add congressional seats as New Mexico’s other neighbors Colorado and Texas did, both states saw double-digit population growth for the decade. New Mexico’s population, on the other hand, grew at just 2.8 percent over that period. That puts the state on par with Vermont and just ahead of Maine, at 2.6 percent.

When neighboring Utah grows at 18.4 percent and Texas grows by 15.9 percent — and your own state’s population barely increases — there must be a problem. Hint: It’s not the weather. A variety of factors have been driving Americans to move from the Northeast to the Southwest, including the search of better weather. But New Mexico’s is unparalleled. It is sunnier than Florida and doesn’t have the oppressive 120-degree summer heat of Phoenix. And it really is a “dry” heat without the muggy humidity of Texas.

As if New Mexico’s minuscule 2.8 percent population growth was not pathetic enough, the details are even more troubling. Over the decade, New Mexico, a state with just over 2 million people, gained 103,506 people over the age of 65. Clearly, the state’s weather, inexpensive housing, and unique cultural offerings are attractive to a certain segment of retirees.

But over the same period, New Mexico lost 71,142 people 64 and younger, including 51,382 residents aged 24 and younger. This kind of population stagnation simply isn’t supposed to happen in the booming American Southwest. It is New Mexico’s slowest growth since statehood in 1912; and, to make matters worse yet, analysts believe that New Mexico could lose overall population when this data is collected again ten years from now.

Could New Mexico, with an ethnically diverse, rapidly aging, slow growing population, in some way serve as an early proxy for the nation as a whole? The United States population still grew by 7.4 percent over the last decade. How, then, did a state located right in the middle of the fastest-growing region of the country perform so poorly? More important, what can be done about it?

First, to begin to appreciate the extent of New Mexico’s problems, we must understand its lack of economic freedom. According to the Fraser Institute’s annual “Economic Freedom of North America” report, New Mexico is in the bottom quartile of U.S. states when it comes to the ability of its residents to keep their hard-earned money and face reasonable economic regulations.

All of New Mexico’s fast-growing neighbors are ranked higher. To be sure, this is notable but unsurprising: High levels of economic freedom are strongly associated with increased population growth.

New Mexico’s path to becoming the “sick man of the American Southwest” is complicated. Unlike California, another state with great weather and physical beauty, but terrible public policies, New Mexico has never been the “it” place to be. For its many flaws, California remains the country’s largest state in population, with dozens of the world’s most-recognizable companies headquartered there.

New Mexico has chosen a different path. Not only do we have no Fortune 500 companies headquartered here, but the state possesses only a few publicly traded corporate headquarters. Instead, since the end of World War II, New Mexico’s economy has been based on a combination of massive federal spending and a robust oil and gas industry.

Whereas California has numerous tech companies and their well-off employees to pay the state’s ever-increasing tax burdens, New Mexico remains among the poorest states in the nation. Of course, it shouldn’t be, but like California, bad public policy holds the land of enchantment back.

By any measuring stick, New Mexico is heavily dependent on federal spending. (According to WalletHub, it is more so than any other state.) Outside of Washington’s largesse, oil is New Mexico’s other major industry. Indeed, New Mexico is the third-biggest-oil-producing state in the nation. Depending on the year, it accounts for between 30 and 40 percent of the state’s budget.

One might expect that having two national nuclear labs — along with their highly educated and well-paid employees — would be a ticket to economic prosperity. Add, too, the billions of dollars in annual tax payments and the jobs and economic activity they bring, and it would seem to most outsiders that New Mexico should be the richest state in the region.

But it turns out that having sound, free-market public policies trumps massive federal “investment” and natural-resource wealth. New Mexico’s lack of economic freedom is a direct result of the state’s political leadership not wanting to do the hard work of adopting the free-market policies that would make New Mexico competitive with its neighbors.

It doesn’t have to be this way. With its excellent weather and numerous outdoor and cultural activities, New Mexico remains well-positioned for growth in the years ahead. The state’s fate ultimately lies with the voters who have to decide to elect politicians to the legislature and governor’s mansion who are prepared to enact the free-market policies on which growth depends.

The same is true for New Mexico as it is for California and various other states. Until a concerted effort is made to make the state more attractive as a relocation destination for businesses, it will continue on the same unhappy trajectory. Shedding ourselves of our unseemly title will require dramatic leadership changes. The only outstanding question is whether we’re willing to make it.

PAUL GESSING is president of New Mexico’s Rio Grande Foundation

Categories
Economy Education Energy and Environment Health Care Legislature Notable News Tax and Budget Taxes Top Issues

New Mexico Special Election Could Further Reduce Pelosi’s House Majority

The following appeared at National Review on May 4, 2021.

national-review-logo | Jennifer C. Braceras

Nancy Pelosi’s majority in the House of Representatives continues to shrink. The recent swearing-in of Republican Julia Letlow of Louisiana has taken the House Democrats’ majority down to 218–212. This means that Pelosi has a mere two-vote governing majority with which to push the Biden administration’s big-government agenda.

The GOP will soon have another chance to reduce Pelosi’s margin for error when voters in New Mexico’s first congressional district (which includes Albuquerque and its environs) go to the polls to elect a replacement for Biden’s newly minted secretary of the Interior, Deb Haaland, a Democrat. Early voting begins today, while Election Day itself is June 1.

The district is classified by many in the national media as a “blue” district that should safely remain in Democratic hands, and as recently as November 2020, Haaland defeated Republican challenger Michelle Garcia Holmes by an overwhelming 58–42 percent margin. The seat was previously held by New Mexico’s current Democratic governor Michelle Lujan Grisham, and before that, now–senator Martin Heinrich, also a Democrat.

But Republicans have faced challenges in candidate recruitment in recent years in this congressional district. The last time they had a truly top-notch challenger was in 2010, when Jon Barela lost just 52–48 to Martin Heinrich, and in 2009 Heather Wilson, a Republican, held the seat, having done so for a decade. With this race being the sole topic of a special election and so much at stake in Washington, this could be a much more interesting contest than outsiders expect.

The candidates to replace Haaland could not be more different. While there is a serious independent contender and the Libertarians technically have major-party status, the Republican and Democrat contenders are state legislators with long histories of voting on important policy issues. Republican senator Mark Moores has been in the New Mexico Senate since 2013. In addition to his prior experience as a staffer for various Republican officeholders Moores played offensive line for the University of New Mexico Lobos.

Melanie Stansbury, on the other hand, was unknown in the state until she ran for the New Mexico house in 2018. Her prior political experience was in the Obama administration’s Office of Management and Budget.

The legislative track records of these two candidates are also drastically different. For starters, Stansbury strongly believes that New Mexicans should have their tax burdens increased rather dramatically.

In 2019, she voted for HB 6, which subsequently became law. Among other provisions, the bill increased taxes on auto sales, imposed taxes on Internet purchases, and increased New Mexico’s personal income tax. Ironically, this tax hike took New Mexico’s top personal income-tax rate from 4.9 percent (set by former Democratic governor Bill Richardson and the Democrat-controlled legislature) and brought it up to 5.9 percent. Moores voted against the tax hike, but it was subsequently signed into law by Governor Lujan Grisham, despite the state having a surplus in excess of $1 billion at the time.

In their most recent legislative session, the New Mexico legislature was back to raising taxes, and Stansbury was more than happy to go along. Despite the COVID-19 pandemic and a state unemployment rate that remains among the worst in the nation, the combined forces of New Mexico’s resurgent oil and gas industry and the massive economic stimuli out of Washington again put the New Mexico budget comfortably in surplus territory.

Nonetheless, Stansbury and other Democrats in New Mexico’s legislature voted for and passed numerous tax hikes. HB 122, which failed after House approval, was subsequently folded into SB 317 and ultimately signed into law. Stansbury voted for the bills both times. The bills increase a tax imposed by the state on health-insurance premiums from 1 percent to 3.75 percent — a tax increase of 275 percent. Moores voted against the tax hike.

As if that were not enough to illustrate the stark difference between these candidates, Stansbury joined her Democratic colleagues in the New Mexico House to push even more egregious tax legislation in the form of HB 291. This bill which passed the House with Stansbury’s support would have again increased New Mexico’s personal income tax, this time to 6.5 percent, but (more problematically) would have revised the state’s personal income-tax structure to make the higher tax rates kick in at much lower income levels than under current law.

On top of this, the proposal Stansbury endorsed would have allowed property-tax assessments to increase by up to 10 percent annually if the property was not occupied by the owner. The current cap in New Mexico limits annual increases to the already-substantial rate of 3 percent per year. The measure was intended to target Texans with second homes in New Mexico, but it would have applied to apartment and condo dwellers as well.

Fortunately for New Mexicans, cooler heads prevailed in the (also Democrat-controlled) Senate Finance Committee, which eliminated the tax hikes from HB 291 before the bill passed into law.

These are just the tax hikes endorsed by Stansbury in her three short years in the New Mexico legislature. During her time in office, she has voted to ban local governments from enacting “Right to Work” laws on the local level, and she voted for New Mexico to abandon the Electoral College, saying instead that it should dedicate its five electoral votes to whatever candidate won the popular vote. The latter would have dramatically diminished what influence small-population New Mexico has in presidential races for no benefit aside from her ideology.

Stansbury is a true big-government radical. Her advocacy of big government in the New Mexico legislature places her to the left of Nancy Pelosi. At a time when every race matters in a closely divided U.S. House, conservatives cannot ignore this special election in a “blue” but winnable district.

 

Categories
Economy Education Health Care Notable News Open Government Top Issues

Is New Mexico REALLY “Following the Science” on COVID?

Recently (on February 29, 2021), Tracie Collins, M.D., New Mexico Secretary of Health was deposed in a case in US brought by various businesses that have opposed the Gov.’s lockdown policies relating to COVID 19.

The Deposition was videotaped, so we can provide broadcast news outlets (or even just YouTube and similar platforms) with clips. Here is the full transcript of Collins’ deposition.

Key Take-aways:

  1. The Department of Health does not consider the economic impact of lockdowns in crafting its Public Health Orders.
  2. The Department of Health does not adjust “positive COVID test” results to account for false positive tests.
  3. The Department of Health cannot explain why Florida and Texas, which are not locked down, have lower COVID fatality rates than New Mexico. The experiences of other states are not considered by the Secretary or the New Mexico Department of Health in crafting the Public Health Orders.
  4. The Department of Health does not take into consideration other adverse health impacts, like increased depression, suicide, and childhood obesity in crafting the Public Health Orders.
  5. The Secretary places significant reliance on the Department of Health’s legal staff when crafting the Public Health Orders. She does not know if any of the Department’s lawyers have any training or education in public health.
  6. The Secretary is unaware of any scientific studies that support the specific restrictions, prohibitions, and permitted activities under the Public Health Orders.
  7. The Secretary cannot say whether the risk from COVID must be zero, before the Public Health Orders will end.

Below are Page and Line references to deposition testimony:

Data and Experience from other States “can” be considered in crafting New Mexico’s Public Health Orders, but Secretary Collins will not say that it “should” be considered.  See, page 11, line 2 to line 14 (“11:2 – 14”)

The Department of Health has minimized economic harm from the shutdowns by reducing morbidity and mortality from COVID-19 and keeping people alive so that they will have an opportunity at some time in the future to reopen their business.  See page 32, line 24 to page 34, line 5 (“32:24 – 34:5”)

The Department does not track or control for false positive tests, or make adjustments to their numbers based on the presence of false positive tests.  34:11 – 37:17; and 37:21 – 41:11

The Secretary cannot explain why Florida and South Dakota, which are not locked down, have a lower COVID-related fatality rate than New Mexico.  Nor is she interested in using such data to determine whether lockdowns work.  48:3 – 53:19

The Secretary does not know why New Mexico has not done a regression analysis to determine whether the shutdown orders have had a positive impact on COVID transmission rates.  54:2 – 56:2

The Secretary is not aware of New Mexico attempting any other analysis of the adverse economic impact of the shutdown orders.  She does not know if the State has done anything to consider the economic cost and damage caused by the shutdown orders.  She does not know if the economic costs and damages arising from the shutdown orders is significant.  57:15 – 58:22; and 100:15 – 20

The Secretary does not know what adverse health consequences have arisen as a result of having to close business and losing jobs.  The Secretary has done no study regarding the adverse health consequences caused by lockdowns (increased depression, suicide, childhood obestity, etc.).   58:23 – 63:3

The Secretary is not aware of any studies that the business activities that are permitted under the Public Health Orders are less risky than the business activities that have been prohibited.  63:4 – 64:7

The Secretary would have to confer with the Department’s general counsel (i.e., its lawyers) to understand why certain businesses, like TopGolf and New Mexico United are allowed to operate, and others are not.  64:8 – 66:13

The Public Health Orders do not consider the potential harm or damage to the businesses that are being closed.  The Secretary does not know who, if anyone, in State government is supposed to look at the cost and damage to the businesses and people subject to the Public Health Orders.  67:10 – 69:1

The fatality rate from COVID for children ages 5 to 14 is 0.001%, or 1 out of every 100,000 children who contract the virus.  For children age 19 and under, the fatality rate is 0.003% or 3 out of every 100,000 children who contract the virus.  This is lower than the fatality rates for other infectious diseases.  69:4 – 70:4.

New Mexico has not studied the effect of the pandemic on childhood obesity.  72:20 – 74:13

The Secretary is unaware of any studies by the Department of Health of the impact of play deprivation on children resulting from the lockdowns and public health orders.  80:11 – 82:4

The Secretary cannot say whether the Public Health Orders will continue until the risk of COVID is zero.  82:5 – 83:5

In general, other factors such as adverse health consequences to children and adults and adverse economic impacts on businesses and employees are not taken into consideration by the Department or the Secretary when it comes to the contents of the Public Health Orders.  84:5 – 85:8.

Decisions about which businesses are in what category in the Public Health Orders is determined by the legal department working with the Secretary.  The Secretary does not know if there is a “written trail” for the decision as to which type of businesses will go in which category; nor does she know if any of the lawyers in her department have any education in public health.  89:1 – 18

The Secretary is unaware of any analysis or studies that were performed before gyms, group fitness classes, skating rinks, bowling alleys, and personal trainers were taken off the “prohibited from opening list” in the Public Health Order, to the permitted to open under limited capacity list.  93:23 – 94:14

The Secretary would have to confer with the Department’s lawyers before she could say how an industry or particular business activity can have its category or definition changed and be allowed to open.  94:15 – 95:7.

The Secretary would have to confer with the Department’s lawyers to understand why some business that cannot practice social distancing, like massage parlors, barbershops and nail salons are open, while other businesses, like trampoline parks and other “close-contact recreational facilities” where the Department is concerned about social distancing, are closed.  100:21 -101:23.