(Albuquerque, NM) – On Friday, March 13, 2020, the City Council of the City of Albuquerque announced that it would be holding a closed meeting the following Monday, March 16, 2020. At that meeting which occurred this past Monday, the Council amended its Emergency Powers Ordinance which has been on the books for several decades.
The Emergency Powers Ordinance contains numerous controversial provisions which, under New Mexico’s Open Meetings Act, residents of Albuquerque have a right to participate in with their members of the City Council.
The language of the Open Meetings Act is very simple. It states in part that, “…all meetings of any committee or policy-making body of the legislature held for the purpose of discussing public business or for the purpose of taking any action within the authority of or the delegated authority of the committee or body are declared to be public meetings open to the public at all times.”
The Rio Grande Foundation asserts in the lawsuit which has been filed in New Mexico district court that the City has violated the New Mexico Open Meetings Act by holding a City Council meeting March 16, 2020 without proper notice and without conducting such according to the provisions of the Open Meetings Act therein violating the Due Process owing to the citizens of Albuquerque.
Furthermore, the decades-old Emergency Powers Ordinance to which several amendments were made is itself unconstitutional. The Ordinance gave the Mayor power to restrict sales of firearms and ammunition. These provisions which were not amended on Monday violate New Mexico’s Constitution, which states:
“No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.”
Said Rio Grande Foundation President Paul Gessing, “The Rio Grande Foundation understands that we are in a crisis situation right now, but laws like the Open Meetings Act and our State and Federal protections on the right to self defense were intended for crises.”
The Foundation’s lawsuit states that both the Open Meetings Act and the long-existing firearms restrictions violate New Mexico Law and should be considered void.