Gas station operator sues over new law
Published: Tuesday, July 6th, 2021 at 10:05pm
Updated: Tuesday, July 6th, 2021 at 10:15pm
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GALLUP – A company that runs dozens of convenience stores and gas stations in New Mexico is suing the state over new liquor laws that took effect last week.
Western Refining Retail claims a new provision that singles out McKinley County is unconstitutional because it prohibits gas stations from selling liquor based on population.
The new rule states any dispenser or retailer licensee who sells gasoline in a county with a population between 56,000 and 57,000 people cannot sell any alcohol other than beer. McKinley is the only New Mexico county that falls under that population threshold, and the change does not affect other businesses, such as grocery stores, package liquor stores, restaurants and bars.
Democratic Sen. George Muñoz told Albuquerque television station KRQE that he sought the language targeting retailers attached to gas stations to address a problem in his western New Mexico district.
“People die in McKinley County because of alcoholism,” he said.
He added: “Just because it’s legal doesn’t mean it should be readily available and convenient in every single location.”
Western Refining’s lawsuit seeks to stop enforcement of the new law, noting that 14 businesses in the county, 10 of which are run by the company, are affected.
The state’s Regulation and Licensing Department shows the company has dispenser licenses at Speedway, Giant and Conoco gas stations in Gallup.
Officials with the state licensing department said they will not comment on the lawsuit until they can review the complaint.
According to an annual report on substance use published by the New Mexico Health Department, McKinley and Rio Arriba counties had extremely high alcohol-related death rates.
Overall, the report noted that New Mexico has extremely high death rates due both to alcohol-related chronic diseases and alcohol-related injuries. The state’s rate of alcohol-related injury death was about 1.5 times the national rate.
Health officials said that, while New Mexico’s rate for alcohol-related motor vehicle traffic crashes has decreased substantially over the past 30 years, disparities remain.