New Market Restaurant’s Owner Says He Will Not Comply With Frederick County’s 10 PM Closure Requirement




He says he will go along with the Governor’s order.



Frederick, Md (KM) A restaurant in New Market will not close its dining facilities at 10:00 PM even though the Frederick County Executive has issued an order to that affect which covers all restaurants in the county. Dan Caiola, the owner of the Derby Restaurant, says he will follow the Governor executive order which lifts the restriction that restaurant close their indoor dining facilities at 10:00 PM. “We’re to the point where the Governor now has given us the okay to open up past 10-o-clock. Our County Executive has made the choice not to follow along with the Governor’s orders,” he said.

Governor Larry Hogan had issued an executive order a few weeks ago that required all restaurants to close their indoor dining areas at 10 :00 PM each night to help slow the spread of COVID-19, which was on the increase at that time. They could continue take out and delivery services for customers. Last week, he lifted that order, and allowed dining establishments to permit indoor dining past 10:00 PM.

Last Friday, County Executive Jan Gardner announced that she has issued her own executive order to keep the 10:00 PM restrictions in place for another two weeks. She said the coronavirus continues to spread at a high rate in Frederick County, and hospitalizations remain high, currently at 150% of the peak form the surge experienced in spring, 2020. She said she would reevaluate that decision at a future date.

The Governor’s orders regarding COVID-19 cover the entire state. But local officials, such as county executives, can keep restrictions in place if they feel their jurisdictions are not ready.

Caiola, who was guest on WFMD’s “Morning News Express” on Monday, noted that his business is located within the New Market corporate limits. “The nice thing about being a part of a municipality like we are in the town of New Market our mayor has the ability to override her, and sign off on us being able to stay open late, and that’s what we’re doing,” he said.

Caiola said he does take the COVID-19 pandemic seriously, and is following all the guidelines to keep his customers and employees safe. “We’re not trying to be the bad kid in the class. We are following the guidelines 100%,” he said. “We’re going to follow them at 9:59, and we’re going to follow them at 10:01; and we’re going to follow them at midnight.”

He says normally the Derby Restaurant is open until midnight each night.

“We reached out to the Mayor. We reached out to the Liquor Board.. We reached out to the Health Department. We contacted lawyers,” he said. “This is not just me saying ‘screw the County Executive; we’re going to do what we want.’ This is us doing the smart business move, and it’s completely legal.”


By Kevin McManus