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Artesia Recreation Center Foundation seeks higher court’s overturn of EV lawsuit dismissal from lower court

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Rules mandating electric vehicle chargers at new buildings were at the center of an appeal filed by an Artesia nonprofit.

The Artesia Recreation Center Foundation filed the appeal in the New Mexico Court of Appeals on March 9 hoping to overturn District Judge David Finger’s dismissal of the foundation’s lawsuit.

In dismissing the lawsuit on Feb. 5, Finger upheld the building codes in question, which were enacted in July 2024 to require all new buildings in the state include electric vehicle chargers in their parking facilities.

On April 9, the foundation issued a 21-page docketing statement to the court, outlining the reasons for its appeal and arguments that could be used at trial.

The initial suit and the appeal sought to overturn requirements put in place via new building codes enforced by New Mexico’s Construction Industries Division, a subsidiary of the New Mexico Regulation and Licensing Department.

The New Mexico Regulation and Licensing Department (NMRLD) is a cabinet agency within the state’s administration tasked with regulating building codes and permitting. The head of the department is Superintendent Clay Bailey, who was appointed by Gov. Michelle Lujan Grisham.

At issue are the construction costs for the upcoming Artesia Recreation Center, which the foundation argued were driven up by about $285,000 by the division’s adjusted code, including costs for chargers and the power needed to support them.

The center was expected to open this summer.

The number of chargers required is based on the size of the building and number of total parking spaces. Under the code, the Artesia Recreation Center was required to have 12 chargers installed – 5% of the planned 230 parking spots – and the power capacity to install 24 more in the future.

Meanwhile, the foundation and local officials in Artesia and Carlsbad argued that little demand existed for electric vehicles in rural southeast New Mexico and that requiring chargers at all new buildings in the state was problematic for developers throughout the region.

The appeal also contended the regulations were “vague” because they did not specify the exact equipment needed to comply and questioned the division’s authority to mandate the requirements via building codes without public input.

Imposing a state requirement for EV chargers, the appeal read, constituted a “taking” of the property, meaning the state was illegally occupying land the foundation argued it owned.

“All applicants suffer economic damages and a physical taking of their property to construction and commercial building in New Mexico because of the regulation,” read the foundation’s docketing statement.

Fifth Judicial District Judge David Finger on Feb. 5 ruled in a summary judgment that the state of New Mexico was within its authority to issue the codes and require chargers in parking spaces at commercial and industrial buildings – which the division is tasked with regulating.

Finger also ruled the foundation “lacked standing” to challenge the rules.

The recreation center project began in the summer of 2023 when the foundation was formed as a nonprofit to raise funds for the work, and before the EV rules went into effect July 30, 2024.

Donors for the recreation center project are: PY Foundation, Chase Foundation, TLC Foundation, Frank Yates Jr. Family Foundation, Western Bank, Royal Services, First American Bank and Devon Energy.

A groundbreaking ceremony was held Oct. 29, 2024, and the final building permit application to the Construction Industries Division was filed Nov. 22, 2024, months after the rules took effect but without plans for EV chargers.

That’s why the state denied the initial building permit. Another application was filed to comply with the EV rules in December 2024, and the permit was issued Jan. 13, 2025.

“Plaintiff’s project thereafter proceeded to construction without interruption, citation, penalty or enforcement action by CID,” read Finger’s ruling. “The record reflects no regulatory impediment beyond the ordinary denial of the first, noncompliant submission.”

The rules also required new homes in New Mexico to host a power load capable of supporting electric vehicle chargers that could be installed in the future.

Carlsbad Mayor Rick Lopez said this would increase the cost of new homes by up to $5,000.

Lopez said the codes would impede the city’s attempts to build more affordable housing, which local leaders hoped could address a dire need for homes throughout southeast New Mexico as the area’s population swells along with booming oil and gas production.

He said housing is Carlsbad’s “top priority.”

The Artesia City Council voted unanimously on Aug. 13, 2024, to oppose the regulations, and the Carlsbad City Council followed suit Aug. 27 of that year.

“If we want growth, we have to have housing,” Lopez said. “You want to build a quality home, but when you have too many add-ons it takes away the affordability.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Artesia school children paint part two of Eagle Draw Mural. Here are some pictures and some details.

Photos by Mike Smith, Artesia Daily Press

Fifth graders from Yucca Elementary School in Artesia took a break from class Monday to paint a second mural near Eagle Draw.

Fifth grade teacher Kelise Garrard was supervising her students late Monday morning.

“They’ve been excited today to be part of this. I think they’ve had a lot of fun,” she said.

Artesia artist Kirsten Mauritsen mixes up some paint Monday for Yucca Elementary School students.

Garrard said painting the mural near the soon to be opened Artesia Recreation Center and the Artesia Aquatic Center gives the kids a sense of ownership in the community.

More pictures and further details are coming later to this website and in Wednesday’s newspaper.

Daelyn Neel adds a painter’s touch to the new Eagle Draw Mural on Monday.

Meghan Mooney: Charter schools strengthen public education with a fresh perspective for possible changes

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Across the country, charter schools have quietly emerged as a proven public-education model, delivering strong academic outcomes while operating with greater accountability and fewer resources. They represent a public-education model built on the premise that when granted flexibility and held responsible for results, students benefit and steadily rank at the top of educational outcomes. In regions like the Permian Basin—where workforce demand is growing faster than educational capacity—communities need flexible, accountable education models that align learning with real-world outcomes. Hobbs is not lacking in committed educators or families invested in public education; it is facing a shortage of options that meet diverse learning needs while preparing students for modern careers. Charter schools are bringing a fresh perspective to education that’s greatly needed and changing how modern education looks.

The top two public high schools in the nation are charter schools, according to the U.S. News & World Report 2025-2026 rankings. Twenty-four of the top one-hundred schools of all levels in the U.S. are charter schools. These statistics are startling given that charter schools serve only 7.6% of students in public schools, according to USA Facts, a nonpartisan nonprofit civic data-collection organization.

While serving similar demographics of low-income, English-language learners, and Special Education students, NM charters still outperform traditional district schools in reading, math, and science proficiency. New Mexico students in traditional public schools (TPS) received approximately $14,600 – $17,000 from the state per student in 2025 for grades K-12 with charter schools receiving only 70-90% of this public funding; these funds differ per school district throughout the state and fall far below the national average of $18,500 or more. Regardless of the difference in funding, New Mexico’s charter schools lead education with reading comprehension at 52% compared to 43% at TPS, math proficiency is 30% compared to 25% at TPS, and science is 44% compared to 35% at TPS. Considering a charter school on the New Mexico side of the Permian, students at Sidney Gutierrez Middle School in Roswell (authorized by the Roswell Independent School District) achieve proficiency in reading and math close to 70%, and these students are showing growth faster in both subjects than those in traditional public schools.

It’s not only the students and families of charter schools that are benefitting from this success but surrounding schools in the same school districts. It’s easy to understand this when the adage “Competition breeds excellence” is considered. Many students who graduate from charter high schools are the first in their families to receive a high school diploma, and whether they go onto higher education or enter the workforce immediately after high school, this new emphasis on success in education makes positive generational changes in their families.

Past studies in cities of different states across the nation demonstrate positive effects on test scores, attendance, and college readiness. With funding received from the Department of Education, the National Center for Research on Education Access and Choice (REACH) conducted a study that found indirect positive effects on students attending nearby TPS, drawing conclusions with a 2-4% increase in high school graduation rates, a 6% increase in math scores, and a 3% increase in reading scores for students across all socioeconomic backgrounds; these results become apparent when charter students represent about 5% of the education market and continue to increase until that share reaches 15%. “By understanding how charter schools affect student outcomes, education leaders can better design policies to serve the needs of students,” REACH stated. The closer proximity a charter school has to a traditional public school, the greater positive impact the charter school has on the TPS.

As the Souderton Charter School Collaborative of Pennsylvania states, “The core of the charter school model is the belief that public schools should be held accountable for student learning. In exchange for this accountability, charter schools have the responsibility to innovate and share what works with the broader public school system so that all students benefit.” Charter school educators’ duty to share what works with their fellow public school educators means that all in local education benefit from the curriculum and practices proven to work.

Charter schools are not private schools and do not select children based on their performance. Every student enrolled in a charter school represents a family that believes in public education with choice, innovative education, and a student-centered mindset. They operate within an independent system with more control over their curriculum and resources and less money than traditional public schools and consistently outperform. In New Mexico, charter schools serve students in both urban and rural areas, including minority or underserved populations.

The structure of a charter school is not to completely wipe the educational slate but to provide them with an environment with more sovereignty on choosing programs that help students learn most effectively. The New England educator who established the original concept of charter schools, Ray Budde, believed that empowered teachers with additional freedoms can achieve a much higher rate of student success. His idea for groups of teachers establishing contracts, or “charters,” with their local school board is to develop ideas and approaches that would benefit all students’ opportunities to improve individual outcomes and success in literacy, education, job choice, financial freedom, and family success across the nation. Charter schools represent one approach to shaping that future—offering communities a means to strengthen public education through accountability, innovation, and collaboration.

As technology engineer and developer of the modern personal computer Alan Kay stated, “The best way to predict the future is to create it.” Charter schools’ growing track record suggests that when thoughtfully integrated into local education systems, they provide a proven path to course-correct outcomes for future generations while reinforcing the shared goals of academic outcomes, workforce readiness, long-term community resilience, and elevating public education performance across school systems while preserving access and equity.

Meghan Mooney is community relations coordinator for Mewbourne Oil Company.

April groundbreaking starts the process moving for a new Eddy County Detention Center in Carlsbad. Here are some details.

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Construction of Eddy County’s new jail complex got underway Tuesday, April 21, with a groundbreaking ceremony one official called “a milestone event.”

The new jail, which will replace the county’s current detention center in downtown Carlsbad, is being built across the street from the Eddy County Sheriff’s Office on Corrales Road south of Carlsbad.

The $170 million project is expected to take three years to complete.

Participants in the groundbreaking included representatives of county government, the architectural firm that designed the new facility, and the construction firm hired to build it.

“This is milestone event that has been years in the making,” said Eddy County Manager Mike Gallagher. “There is great support for this day.”

The current Eddy County Detention Center, built in 1993, was designed to house around 70 inmates, said County Commissioner James “Bo” Bowen

“A lot has changed since 1993. We’re not the same place that we were in 1993,” Bowen said. “The jail needs to be out of the center of town.”

The new, 142,000-square-foot building will accommodate 400 to 800 prisoners, said detention center warden Billy Massingill.

The current jail could not expand in downtown Carlsbad due to continued growth and development in the heart of the community, Massingill said.

Commissioner Ernie Carlson said the need for a new jail has been discussed throughout the nearly eight years he has served on the county’s board of commissioners. He said the county needed to act as Carlsbad and Eddy County continue to grow.

“We’re doing the right thing,” Carlson said.

The project is being paid for through a combination of budgeted money from the Eddy County building fund and federal money.

Robert Maze of Albuquerque architectural firm Studio Southwest said a new jail needs to be well designed to meet the needs of a growing community and changes in technology.

With the drawings complete, Maze said, it was time to hand off the project to Bradbury Stamm Construction of Albuquerque.

“We’re here for the long term. We’re very happy to be here, said Cynthia Schulz, chief executive officer of Bradbury Stamm.

“This is a huge investment,” she said. “You should be proud. This is the right thing to do.”

Mike Smith can be reached at 575-628-5546 extension-2361.

Artesia baseball team repeats as district champs

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JT Keith

The Artesia baseball team walked off the Launch Pad on Thursday with the swagger of a champion, beating Goddard 3-1 to win a three-game series and claim its second straight District 4A-4 title.

The road back to the top was anything but smooth. Artesia dropped four straight early, including losses to Goddard (3-1) and Deming (4-1), two teams the Bulldogs could see again in the Class 4A state playoffs.

The Bulldogs were 7-7 through their first 14 games, then used a week off to get healthy as several basketball players returned to the diamond.

Artesia responded with a 10-game winning streak and closed the regular season against the state’s top-ranked team, Goddard, in a series that would decide the district championship.

Game 1 was moved up a day because of the weather, and Artesia sent ace Jack Byers to the mound on Wednesday.

Byers struck out 10 and did not allow an earned run. Goddard’s only run scored on an error. Artesia manufactured runs with small ball before Diego Morales, the Bulldogs’ hottest hitter, hit a home run to center field in a 4-1 win.

“The curveball and cutter were working really well for me,” Byers said.

That win gave the Bulldogs a 1-0 edge in the series heading into Thursday’s doubleheader at the Launch Pad.

In Game 2, Artesia faced Goddard ace Cameron Brown and countered with senior Daelon Pacheco. Pacheco went 3 1/3 innings and allowed four runs before Charlie Campbell IV relieved him and kept the Bulldogs within striking distance. Goddard held on for an 8-6 win to force a winner-take-all Game 3.

Artesia jumped out to a 2-0 lead in the first inning of the finale. Morales started and threw 121 pitches over six innings, striking out eight and allowing no earned runs. Goddard starter Jadon Herrera allowed two earned runs on 88 pitches and struck out 10.

Goddard pushed across a run in the fourth to make it 2-1, but Artesia answered with an insurance run in the sixth and closed out the 3-1 win to repeat as District 4A-4 champions.

“We challenged the guys today that we are going to compete in every game,” second-year coach Jackson Bickel said. “Our goal is to win each inning. Our goal is to walk out of Goddard’s Stadium as district champs.”

jtkeith can be reached at 575-420-0061, or on X@JTKEITH1.

The Artesia boys baseball team are the No. 1 seed in the 4A tournament

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The Artesia baseball team will enter the 2026 Nusenda Credit Union 4A Baseball Championships as the No. 1 seed. The team will play a district opponent they have beaten three times this season, the No. 16 seed Lovington Wildcats, at 6 p.m. Friday at Brainard Park, then at 11 a.m. Saturday.

Artesia (18-8), which won the District 4A-4 championship on Thursday by taking two games out of three from the Goddard Rockets, could face them again in the championship game as Goddard enters as the No. 2 seed.

The Bulldogs return eight seniors from a team that won it all last year. The win last year was the team’s first state championship since 2000. The team is led by University of Arizona commit Jack Byers. The pitching rotation is deep with Daelon Pacheco and Elijah Carrasco as frontline starters, and will bring in Charlie Campbell IV as a relief pitcher.

The team is aggressive on the base paths and plays an exciting, aggressive style of stealing bases and taking the extra base when possible. One of the hottest hitters on the team is Diego Morales, who hit a home run at Brainard Park against Goddard to give the Bulldogs a 4-1 victory in the opening game of the series.

The Bulldogs are on a roll after getting the basketball players back and in baseball shape. The team has won 12-of-13 games. Artesia could potentially face five teams they have played during the regular season in Lovington, Grants, Albuquerque Academy, Deming, and Goddard to win the championship. The only team that defeated the ‘Dogs this season was Deming, 4-1 on March 19, and Goddard twice: 3-1, on March 28, and 8-6 on April 30.

“Let’s see how great we can become,” Bulldogs coach Jackson Bickel said. “How great can you be? We have to seize the day every day. Referencing the Carpe Diem quote. We have to dominate the details,

Artesia softball team is the No.1 seed

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The Artesia softball team will enter the 2026 Nusenda Credit Union 4A Softball Championships as the No. 1 seed. The Lady ‘Dogs (22-4), who are on a 14-game winning streak, will face the No. 16 seed, Bloomfield. The game will be played at 7 p.m. on Friday at the Mack Chase Sports Complex. Goddard will face Bernalillo at 5 p.m. on Friday, with the winners playing on Saturday at 11 a.m.

The Lady Dogs could face two teams from the same side of their district bracket. The Goddard Rockets are the No. 9 seed and will face Bernalillo, the No. 8 seed. Artesia will play the winner of that game. Artesia has faced and defeated the Lady Rockets three times this season.

JT Keith | Artesia Daily Press, Artesia baserunner Danyela Munoz stands on third base after hitting a triple against Portales on Saturday.

The Lady ‘Dogs’ arch-rival, the Lovington Wildcats, could also meet them in the semifinals. Artesia has defeated Lovington three times this season as well. Artesia has last played in the championship game in 2024, and last won it in 2021.

“I would tell our girls that the number on the front of our jerseys does not matter until the end,” Lady ‘Dogs coach Sandra Pulido said. “On any given day, you never know who is going to show up. The last couple of years, we have gone in as the No. 1 seed team and not made it to Saturday. There are teams we haven’t seen this season, and they are going to show up. It is exciting, it is going to be fun, and the girls are excited. Going in as the No. 1 seed is kind of big for us, knowing how we ended last season. We are excited about it.”

What is an act of servanthood? Pastor David Grousnick has the answer

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Eric Clapton, arguably one of the greatest living rock guitarists, wrote a heart wrenching song about the death of his four-year-old son. He fell from a 53rd-story window. Clapton took nine months off and when he returned, his music had changed. The hardship had made his music softer, more powerful, and more reflective.

You have perhaps heard the song he wrote about his son’s death. It is a song of hope:

Would you know my name if I saw you in heaven? Would it be the same if I saw you in heaven? I must be strong and carry on,’Cause I know I don’t belong here in heaven.

Would you hold my hand if I saw you in heaven? Would you help me stand if I saw you in heaven? I’ll find my way through night and day, ’Cause I know I just can’t stay here in heaven.

Time can bring you down, time can bend your knees.Time can break your heart, have you begging please, begging please. Beyond the door there’s peace I’m sure, And I know there’ll be no more tears in heaven.

In John 14:1-14, Jesus has just had the Passover meal with his disciples. He has washed their feet in an act of servanthood. He has foretold his betrayal which Judas will soon perform. He predicted Peter’s denial. He told them he is leaving.

But he adds this word of hope: Do not let your hearts be troubled. Believe in God, believe also in me. In my Father’s house there are many rooms. I go to prepare a place for you and will come again and take you to myself. So that where I am, you may be also.

Hardship has a way of getting our attention, doesn’t it? Pain slows us down. Few us, after facing a trial, come out the same way we entered in. Jesus understood this and attempted to prepare his disciples for the road ahead.

 He wanted them to know:

If you have faith in Him, you will overcome your worry<n>If you have faith in Him, you will have direction in life.

If you have faith in Him, you will have help along the way.

The great American humorist, Will Rogers, had the reputation that he could make anyone laugh. President Calvin Coolidge, on the other hand, had the reputation that he never laughed. Want to know what happened the time those two met?

Rogers was invited to visit the White House and as was the custom, the president’s assistant brought Rogers into the Oval Office. As was the custom as he entered, the assistant said, “President Coolidge, this is Will Rogers. Mr. Rogers, this is President Coolidge.” To which Rogers leaned forward and said, “I’m sorry. I didn’t catch the name.”

With that, President Coolidge cracked up and started laughing.

Don’t you wish you were as quick on your feet as he was? Quick with a comeback, quick with just the right thing to say.

Well, of all the things that Jesus said, some of the most significant are in John 14, when Jesus says, “I am the way and the truth and the life.” There is an absolute nature to those words, isn’t there? There is completeness to that saying. Perhaps that’s why they are so powerful and so controversial as well.

For among all the words that Jesus spoke, these are also some of the most debated.

Notice – Jesus did not say, “I am one of the ways.”

He did not say, “I am one of the truths among others.”

He did not say, “I am a life among many others.”

No, he said, “I am the way and the truth and the life.”

The great Catholic theologian, Thomas à Kempis, caught the meaning of Jesus’ words and said this about them, “Without the way, there is no going; without the truth, there is no knowing; and without the life, there is no living. For Jesus said, ‘I am the way and the truth and the life. No one comes to the Father except by me.’ “

This passage from chapter 14 of John is part of a great discourse, a body of teaching material that Jesus spoke to the disciples in the upper room.

The end of his earthly ministry approaching, the cross looming before him, Jesus gathered his disciples around him and to help them understand his life and work, his approaching death and resurrection, he spoke to them these words, which include him saying, “I am the way and the truth and the life.”

I invite you to pause in your busy lives to give these words some thought. Pull them apart and examine them more closely for in them there is a great blessing.

In them there is eternal meaning and truth.

Sherry Robinson: How do we reform CYFD and care for unwanted children being shuffled from place to place?

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What bothers Melissa Beery is that in all of the investigations, lawsuits and reporting on CYFD, nobody captures the day-to-day experience of children in state custody. Too many of these kids are shuffled from place to place – CYFD offices, shelters, the streets – without food, medicine or school. Or the notice of a single caring adult.

Beery is a peer support worker – someone who raised a child with mental or behavioral health issues or development delays and is trained and certified by the state to work with families in the case load of the state Children Youth and Families Department.

“We’ve walked the path,” Beery says. She’s employed by a CYFD contractor.

A recent report from the state Department of Justice may not describe day-to-day life, but the interviews with kids paint a tragic picture.

Jacob, age 12, had eight placements in his first two months in custody and more than 30 in less than six years. In congregate care and group homes, the sporadic meals were unhealthy, he received no therapy for his health issues, and nobody was taking him to school.

In one facility he was placed with teenagers who jumped him five times on his first day, sustaining a concussion; the program director didn’t intervene. Another facility was filthy and the staff abusive. He rotated through shelters in Taos, Roswell and Hobbs. At Albuquerque’s CYFD’s office, he slept in a storage closet; “meals” were goldfish crackers and bottled water, and the case worker sometimes told Jacob to find his own place to sleep and come back in the morning. The boy’s case worker at CYFD failed to check on him even monthly, the required minimum.

There are lots of Jacobs.

Beery has her own horror stories of kids with too many placements, bounced from CYFD offices around the state to shelters, where they’re not only unsafe but can just walk out.

“We play whack-a-mole with kids,” she says.

Nobody wants to talk about the kids who are older and harder to place. “Foster parents want kids 0 to 5,” she says. “Kids with behavioral health issues, nobody wants to take them. Residential treatment is almost impossible to find.”

AMIkids is a reputable national program, but New Mexico has just two facilities, in Farmington and Albuquerque, and they only take boys. “It’s hard to find therapy, hard to get an evaluation, hard to get medications.”

To Beery, one solution is helping families and keeping the kid at home. “My perspective is to keep families together. It also lines up with what the feds want to spend money on.”

“Too many times kids are taken for small things, like the house is too dirty and bug infested,” she says. Instead, the state should ask, what can we do for you? Solutions can be relatively simple. “One family had an autistic kid who wanders. Why not get a GPS tracker in his shoe? It’s better than taking him into state custody.”

An emphasis on removing kids doesn’t consider “the long-term consequences of losing the only family they’re connected to. Being untethered is a hard way to go through life.”

CYFD has a Family Services division that’s supposed to do everything Beery mentions. It’s as dysfunctional as the rest of the agency.

“It’s disheartening how bad it is,” she says.

I should mention here that Beery differs somewhat from reformers like Maralyn Beck, founder of the watchdog New Mexico Child First Network, who believes in foster care and whose organization provides support to foster parents. The two do agree on how poorly CYFD is living up to its responsibilities. Considering the time needed for drug and alcohol treatment (that may not succeed), I’d say we need an all-of-the-above approach.

When Beery first wrote to me three years ago, she wanted to see CYFD dismantled and replaced by new and responsive entities. Today she proposes a cultural transformation.

“A culture shift at a massive, entrenched agency like CYFD isn’t just about hiring a new cabinet secretary, it’s about a fundamental rewiring of how the department views its mission, its staff, and the families it serves,” she writes.

Whether we dismantle or transform CYFD, whatever happens is not just on the governor, it’s on all of us.

Sherry Robinson is a longtime New Mexico reporter and editor. She has worked in Grants, Gallup, the Albuquerque Journal, New Mexico Business Weekly and Albuquerque Tribune. She is the author of four books. Her columns won first place in 2024 from New Mexico Press Women.

Special Olympians from Artesia participate in the Area IV Summer Olympics games in Carlsbad. Here are some pictures.

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Photos by Mike Smith, Artesia Daily Press

Cool weather greeted Special Olympians from Carlsbad, Artesia, Clovis, Lea County and Roswell Saturday at Carlsbad High School.

Special Olympians from Artesia during the parade of champions.

Athletes participated in a number of events ranging from track and field to flag football.

Joseph Italiano finishes a relay race for Artesia’s Special Olympics Pecos Valley.