A meat processor has gone to court to overturn a closure order from the New Mexico state health department due to COVID cases.

Stampede Meats, which bills itself as “America’s number one pre-portioned protein supplier,” received a letter from the New Mexico Department of Health demanding that its plant in Sunland Park be closed for 14 days. The letter, dated Nov. 3, said that the department was taking this action because six Stampede employees have contracted COVID-19.

The closure was meant to take effect immediately and last through Nov. 17. Instead, Stampede sued in federal court to overturn the order, stating that President Trump’s executive order in April mandating meat plants to stay open takes precedence.

The lawsuit argues that the health department’s order “is preempted by an Executive Order signed by the President on April 28, 2020, prohibiting state authorities from directing meat and poultry processing facilities — like Stampede Meat — to close when that facility is in compliance with applicable federal guidelines, as is Stampede Meat.” The suit also argues that closing for two weeks would force it to destroy millions of pounds of product.