State asks judge to dismiss Legacy Church case

Coronavirus New Mexico

NEW MEXICO (KRQE) – The state is asking a federal judge to dismiss the case after an Albuquerque mega-church sued over the public health order that bans group gatherings. Legacy Church filed a lawsuit two weeks ago.

The church argues it should be able to operate at 20% capacity like retailers instead of being forced to live-stream church services but the state says the order is neutral and it’s not targeting churches.

In a motion to dismiss the case, the state says exercising constitutional rights does not justify saying quote, ‘significantly jeopardizing statewide public health.’ A hearing is scheduled for later this week.

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