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A popular motel for cockfighting participants in Lea County could have to close its doors if a new ban against the sport stays in place.

"It's going to affect our business for sure," said Peter Bhatka, manager of the Hilltop Inn in Jal, a small community south of Hobbs. "It's going to hurt small towns."

While Bhatka hasn't decided whether he'll take part, others who are indirectly connected to the state's cockfighting industry say they plan to sue the state over the ban, which took effect last week.

A lawyer for cockfighting participants and others who support the tradition say they are entitled to continue the events under the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War in the mid-19th century.

Attorney Mark Pollot said on June 20 he plans to file a lawsuit against the state by the middle of next week in hope of securing an injunction against the law.

Pollot, who is based in Boise, Idaho, said the treaty was recognized by state lawmakers who crafted the New Mexico Constitution.

"We say private property rights also includes uses that are culturally binding," Pollot said.

Cockfighting participants for years have argued their sport is a cultural tradition. Supporters say it keeps kids away from drugs and crime.

Opponents, including animal-rights activists, argue the events amount to animal cruelty and spur crime.

A two-decade battle reached a climax when Gov. Bill Richardson signed the ban in March.

Pollot said plaintiffs in the lawsuit will include cockfighting participants and those with indirect ties to the sport, including owners of animal-feed stores.

A spokesman for the Attorney General's Office, Phil Sisneros, said the office vetted the ban as it was being written this year and is prepared to defend the law in court.

The Attorney General's Office in the past has looked at the issue of whether the Treaty of Guadalupe Hidalgo protects cockfighting.

In 2003, the office issued an opinion saying the sport isn't a right protected by the document.

Pollot said he hasn't decided where in New Mexico he will file the lawsuit, but said it likely will be a place where cockfighting is popular.

The lawsuit also will challenge the way the bill became law. Pollot said the state Constitution requires bills to be read out loud before becoming law, which didn't happen.

The traditional protocol in the House and Senate, however, is to read the title of bills three times, instead of in their entirety.