The New Mexico State Fair will soon be here, September 9 to 19. After being cancelled in 2020, the state fair is back, but with some precautions.
To attend, participate or work, every person, unless exempt, must show proof of being fully vaccinated against COVID-19. In addition there will be mask requirements at indoor locations.
COVID-19 Vaccination Required
This requirement is the result of a public health order issued by the State of New Mexico on August 17. A press release from Gov. Michelle Lujan Grisham’s office states, “all persons who are eligible for the COVID-19 vaccine must show proof of being fully vaccinated to enter the grounds of the state fair. The policy is intended to ensure the safety of fair-goers, including and particularly children under the age of 12 who are not yet eligible to receive a COVID-19 vaccine, as the ‘Delta’ variant of the virus spreads rapidly among unvaccinated New Mexicans and contributes to spiking COVID-19 hospitalizations.”
The state has also also ordered certain medical and congregate care employees who work in high-risk settings to be vaccinated.
Masks Required in Indoor Venues
On top of vaccine requirements, the governor has reinstated an indoor mask order. The slogan, “Mask Up Protect NM” is being circulated to gain support of the mask requirement. While this requirement isn’t specifically targeting the state fair, it will apply during the event. Much of the activities at the fair will take place outdoors, but there are several indoor activities as well. These will require wearing masks, according to the recent public health order.
Lawsuit Filed Challenging Constitutionality
Not everyone is happy about the state’s mandates and efforts to protect people, particularly the unvaccinated and vulnerable, from the threat of COVID-19. A lawsuit has been filed in federal court challenging the constitutionality, both on the state and federal levels, of the New Mexico public health order making COVID-19 vaccination a requirement if performing certain jobs and entering the grounds of the state fair.
The suit was filed against Gov. Grisham and acting Health Secretary Dr. David Scrase. The governor’s office has not commented about the lawsuit. However, some movement regarding the suit took place on Monday, August 23 when U.S. District Court District of New Mexico Judge Martha Vázquez “dismissed a request to issue a temporary restraining order to block vaccine requirements for health care workers and state fair attendees.”
It is unlikely the lawsuit will be successful as vaccination requirements have a long history of precedent in the US, upheld routinely by the US Supreme Court. Recent FDA approval of the Pfizer vaccine will also strengthen governments’ vaccination requirements in the eyes of the law.
COVID Cases in Lea County
All of this certainly affects local health care workers and those planning to attend or participate in the New Mexico State Fair, especially since COVID-19 outbreaks are on an upward spiral with many folks still unvaccinated. In Lea County, only 22.1% of the total population is fully vaccinated.
Lea County recently hosted its county fair earlier in August with no mandated COVID-19 restrictions. COVID-19 cases were steadily increasing at the time, but shot up exponentially soon after. Though the fair likely contributed to infections, cases spiked similarly across most of the country.
According to the New York Times tracker that was updated on August 27, coronavirus cases and hospitalizations are increasing in Lea County and the risk factor of infection is “extremely high”, as is the “test positivity rate”. Concerns exists that “cases are being significantly undercounted” and that many people in the county are not vaccinated. Local healthcare systems are currently being overwhelmed and making adjustments to deal with the influx of COVID hospitalizations.
Vaccination and the New Mexico State Fair
The bottom line is that those who are unvaccinated, except in special cases, will be denied entry to the New Mexico State Fair. Currently children under the age of 12 are not eligible for vaccination and would not be required to be vaccinated for entry into the fair. There are also some limited exceptions for religious and medical reasons.
Helpful information about the state public health order requiring proof of vaccination before entry into the fairgrounds is provided at the state fair website.
Some Frequently Asked Questions
Are children required to be vaccinated?
Children 12 and under are exempt from the vaccine mandate, and they will not be required to show proof of a negative COVID-19 test.
The vaccine mandate applies to Junior Livestock exhibitors (ages 13-17), unless exempt because of a medical condition or disability.
Are there medical exemptions for the vaccine requirement?
Individuals with a medical condition that prevents vaccination may attend the fair with “an official exemption from a doctor, nurse, nurse practitioner, or other healthcare professional licensed in the State of New Mexico,” plus adequate proof of a negative COVID-19 test administered within 48 hours prior to entering the fairgrounds.
Individuals who cannot be vaccinated because of a disability must provide “accommodation documentation from a physician, nurse practitioner, or other medical professional licensed to practice in New Mexico.” Proof within 48 hours of a negative COVID-19 test is additionally required for entry.
Will masks be required at the fair?
Masks will be required in all indoor venues in accordance with the public health order that is currently mandated. About outdoor areas the state fair website states, “while masks are not required outdoors, we highly recommend wearing a face covering in areas where social distancing will be a challenge.”
Will entry be denied if a person has only a single COVID-19 vaccination dose?
According to the press release from the governor’s office, visitors “must show proof of being fully vaccinated to enter the grounds of the state fair.” Single doses do not provide adequate protection from COVID-19. The second dose of the Pfizer and Moderna vaccines is required to acquire a strong immunity from COVID-19, particularly its recent variants. A third “booster” shot will be forthcoming which will prolong protection, but this third dose will not be a requirement for entry into the NM state fair.
Unanswered Questions
The refund process for a person who has already purchased a ticket for the rodeo but will not be fully vaccinated by the date of the show has not yet been determined.
More information is expected as the fair approaches. The New Mexico State Fair website is regularly updated and will provide additional information as soon as it is available.
