From Silva-Steele v. Enghouse, decided Thursday by the N.M. Court of Appeals, Judge Jennifer Attrep, joined by Judges Megan Duffy and Katherine Wray:
Defendant Adrienne Enghouse appeals a district court order permanently enjoining her from entering Plaintiff Jamie Silva-Steele's private, residential property. Silva-Steele initiated this case after Enghouse left a flyer, related to unionization efforts, at Silva-Steele's residence….
Before the incident giving rise to the injunction, Enghouse was attempting to unionize the employees of a hospital at which Silva-Steele serves as president and CEO. As part of her organizing activities, Enghouse leafleted Silva-Steele's neighborhood with informational flyers, leaving one at Silva-Steele's front door. {There does not appear to be any dispute that, because Silva-Steele's property was unposted at that time, Enghouse did not trespass on Silva-Steele's property when she left the flyer. The next day, however, Silva-Steele posted non-solicitation signs at her residence.}
In response, Silva-Steele filed a verified application for a restraining order in district court. Silva-Steele alleged in the application that Enghouse had "crossed the line by showing up at [her] house, and leaving … propaganda behind," causing her to "fear for [her] safety and the safety of [her] family." In relevant part, Silva-Steele asked the district court to order Enghouse to stay away from her home….
[At a hearing, c]ounsel for Enghouse admitted that Enghouse would be committing criminal trespass if she reentered Silva-Steele's property. Nevertheless, Enghouse, through counsel, refused to agree not to enter Silva-Steele's property in the future. After the hearing, the district court … found, "Enghouse … refused to acknowledge that the criminal trespass laws prohibit her from entering … Silva-Steele's property and testified that she intended to return to the property in the future." The court concluded, "Immediate and irreparable harm will result from … Enghouse's actions unless she is permanently restrained and enjoined from entering … Silva-Steele's private residential property." The district court thus permanently enjoined "Enghouse from entering the private property of … Silva-Steele for any purpose." …
The court concluded an injunction was authorized, despite the New Mexico Anti-Injunction Act:
