Lawsuit: COVID-19 is no emergency’ Written by Geoffrey Plant on December 30, 2020
Mule Creek attorney Jonathan Diener has joined forces with Santa Fe lawyer Ana Garner to file a pro bono federal lawsuit in U.S. District Court that argues New Mexico’s public health orders are unconstitutional, and are based on what a 125-page complaint describes as the “invalid” results of polymerase chain reaction, or “PCR,” tests that are commonly used to diagnose individuals with COVID-19, the disease caused by the novel coronavirus. The lawsuit was filed in Albuquerque on Dec. 21, and is assigned to federal Magistrate Judge Jerry H. Ritter. “The bottom line is this: there is no emergency,” the attorneys allege in their complaint, which asks the courts to declare unconstitutional the restrictions in place under state public health orders. Diener represents the owners of the Jalisco Cafe, which earlier