Youngkin Reacts To Raid By An ABC Goon Squad

by Kerry Dougherty

In one of the most bizarre actions in recent memory, law enforcement on Friday raided Gourmeltz, a popular Fredericksburg restaurant, and confiscated its liquor and sales records because the owner in 2021 defied former Governor Ralph Northam’s long-defunct executive order that required liquor-selling establishments to abide by a host of nonsensical COVID-related rules.

You remember Northam’s anti-science magical regulations, don’t you?

No liquor could be sold, served or consumed after 10 p.m., no seating was allowed at bars — tables only, all patrons over the age of five had to wear a mask unless they were seated and eating or drinking, all employees had to wear face diapers and restaurants had to close by midnight.

Authoritarian insanity. All of it.

I get COVID PTSD just thinking about the Northam regime.

Gourmeltz owner, Matt Strickland, refused to comply with Northam’s idiocy and was cited for not forcing his employees to wear face masks. His liquor license was suspended. He continued to serve booze anyway.

Pity all holding Virginia ABC licenses didn’t join Strickland in ignoring the power-drunk little governor. Instead, Strickland was on his own and easy to target.

Here’s a synopsis of Strickland’s case, courtesy of ABC:

Gourmeltz owner Matt Strickland had his license to sell wine/beer/mixed beverages on and off-premises suspended in September 2021, but ABC put a stay on enforcing the order to give Strickland time to appeal. In November 2022, a final ruling was issued and ABC ordered Gourmeltz to halt selling alcohol for 90 days. The agency said it would reduce the suspension to 15 days if Strickland paid a $4,000 penalty and more than $6,400 in investigation costs.

But Gourmeltz did not comply.

“Despite administrative proceedings and the final order of the Circuit Court of Spotsylvania County affirming Virginia ABC’s decision to suspend Gourmeltz’s wine/beer on and off-premises and mixed beverage licenses, the establishment failed to comply with ABC’s Board Order and continued to serve beer, wine and mixed beverages to customers,” ABC wrote in a press release.

On Friday the ABC sent in the goon squad to enforce the court order and cripple Strickland’s business by seizing his liquor.

Governor Glenn Youngkin campaigned on a promise to end all COVID and mask mandates in Virginia and he fought teachers unions, local school boards and the General Assembly to finally allow Virginia school children to breathe again in their classrooms.

He also signed into law a provision limiting the governor’s ability to extend emergency orders without legislative approval. A much-needed restraint on Virginia’s governors.

Punishing businesses that violated an order that no longer exists — one that was almost certainly unconstitutional — is insane.

Given the alarming news from Fredericksburg, Youngkin on Tuesday issued his own executive order, seeking to quantify and eventually reimburse those who suffered COVID regulation punishments. That ought to now include Strickland.

You can read Executive Order 23 here.

Here’s the money quote:

I am directing the Commonwealth to review the disciplinary actions taken against private individuals and businesses and take corrective action where appropriate.

Directive:

All state agencies shall report to the Secretary of Finance no later than January 15, 2023 all fines, fees, interest imposed, and all other disciplinary actions imposed on all individuals, businesses, and non-profits, including any withdrawal, suspension, or cancellation of an individual’s license and/or certification resulting from violations of COVID-19 practices, guidelines, rules, or operating procedures and any state contracts that were not granted as a result of noncompliance with COVID-19 guidelines.

The Secretary of Finance or his designee shall review all such disciplinary actions and make recommendations to the Governor on what if any corrective action can be taken under the law.

Ralph Northam and other Democratic governors morphed into dictators when they lost their collective minds over COVID. Northam abused the commonwealth’s emergency powers to issue heavy-handed, useless and seemingly endless executive orders that crippled many Virginia businesses. Those orders are now gone.

The present governor or the attorney general needs to find a way to give Strickland back his booze and his ABC license.

Northam’s in the rear view. But the stench of his reign lingers on.

This column has been republished with permission from Kerry: Unemployed & Unedited.


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Comments

78 responses to “Youngkin Reacts To Raid By An ABC Goon Squad”

  1. Defund the police ABC goon squad.

  2. Nancy Naive Avatar
    Nancy Naive

    He went to court, lost, defied a court order, lost his license, and continued to sell booze in defiance.

    What level of criminality is Karen prepared to defend?

    1. VaNavVet Avatar

      All of those that agree with her misbegotten narrative. Now Youngkin purposes to use taxpayer funds to reimburse lawbreakers. Let him use his own money!

      1. Matt Adams Avatar
        Matt Adams

        “VaNavVet • 8 hours ago
        All of those that agree with her misbegotten narrative. Now Youngkin purposes to use taxpayer funds to reimburse lawbreakers. Let him use his own money!”

        So the last Governor used the power of the State to fine people for not adhering to his edicts, but it’s not okay for said state to return that money?

        Tyrannical much?

    1. I think the incident will call attention to several important issues that need to be addressed.

      – The scope and limitations of the Governor’s emergency powers.

      – What requires legislation

      – Effective use of prosecutorial powers

      Let the chips fall where they may.

      1. Nancy Naive Avatar
        Nancy Naive

        Yes, those are all legitimate issues, and the GA is the proper forum. He tried civil disobedience. Thoreau’s bottom line: Don’t do the crime if you can’t do the time, i.e., you may lose.

        This military genius followed the basic rule of warfare (and legal battles): When you’re losing the war, open another front. Gambler’s Dilemma — not a winning strategy.

        1. Thoreau was awesome. When he engaged in civil disobedience he didn’t whine about the outcome.

          1. Nancy Naive Avatar
            Nancy Naive

            Hmmm. It isn’t under the little pull down arrow upper right corner?

            My display of comments on either Disqus or on BR offers me the choice on others comments of “report abuse” or “ignore”. On my own posts are “delete” or “report abuse”. That last option is funny.

          2. Yes it is. Thank you, I had not noticed that before.

            But don’t abuse me for not knowing or I will report you…

          3. Nancy Naive Avatar
            Nancy Naive

            Actually, I get a chuckle out of the “This Page Intentionally Blank” posts.

    2. DJRippert Avatar

      Good for Miyares. Regardless of Miyares’ personal opinion of the COVID restrictions and regardless of Gov Youngkin’s opinion of the former administrations rules – the law is the law and the state’s attorney general is supposed to uphold the law.

      This is in contrast to Herring’s refusal to uphold Virginia’s prohibition against homosexual marriage before those laws were overturned by the Supreme Court.

      Miyares’ actions should serve as an example for Commonwealth’s Attorneys who decline to prosecute crimes where they don’t believe in the applicable law.

      1. the law is the law and the state’s attorney general is supposed to uphold the law.”

        Where might I find the statues regarding COVID-19 restrictions for restaurants?

        1. DJRippert Avatar

          It was selling alcohol after having his license suspended that was the violation of the law.

          1. Having now seen the statute thanks to WayneS, I will concede the point.

            It will be interesting to see what the end result will be for those who paid fines, etc.

          2. LarrytheG Avatar

            This guy, Strickland is calling Youngkin a weakling… for not acting to help him. And he’s also calling out Miyares for questioning his livestream of the LEOs and him calling them names…

      2. the law is the law and the state’s attorney general is supposed to uphold the law.”

        Where might I find the statues regarding COVID-19 restrictions for restaurants?

  3. Nancy Naive Avatar
    Nancy Naive

    Meh… what was Thoreau’s bottom line again?

  4. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    Gourmeltz has a cash register that will ring in the New Year from all of this publicity.

    1. Stephen Haner Avatar
      Stephen Haner

      And an election coming up for its owner. On Fox by the end of the day? Any bets against?

      1. Nancy Naive Avatar
        Nancy Naive

        Against the Fox appearance? Or winning an election on a losing issue? I’ll take 1 to 10 on the first, and 100 to 1 on the latter.

  5. Deckplates Avatar
    Deckplates

    Dumb edicts encourage people to do dumb things. Most probably, considering the different leadership of today vs. before, would have encouraged the restaurant owner to do more coordination, vs action without considering the consequences. So legally wrong, morally not so wrong, but maybe a little pigheaded.
    Nevertheless, the economic and social cost of the COVID edicts will continue to be paid by us for a long time. Now, can we punish those who violated the law, by using enforcement (agencies) to make people follow dumb and illegal edicts? Actually, those type of edicts are what is used today in the PRC, to wield power over the populace.

    1. killerhertz Avatar
      killerhertz

      Dumb? How about illegal?

  6. walter smith Avatar
    walter smith

    I’ll cast blame everywhere.
    Why do we have ABC stores?
    Why didn’t Miyares and Youngkin wipe this out on Day 1?
    Miyares stopped the vax mandate at UVA, but did it in the least forceful way possible (maybe to protect the Commonwealth from lawsuits, I’m not a politician)
    Maybe Strickland should have complied…maybe more people should have stood up against bureaucratic tyranny… Maybe he shouldn’t have been left all alone. Is there a duty to obey an illegal law? How many people should have refused to give the shot shot shot? Ever figure out why there are staffing issues in hospitals and recruiting in the military? How many doctors and nurses kept silent with their own concerns? How many were silenced? How about lawyers? Was it really necessary to violate the Nuremberg Code? Shouldn’t that have been a bright red line?
    Any problem with all the censorship?
    How about UVA and VDH only following CDC guidance? Why have VDH or UVA Health if all they are going to do is follow the CDC? Where was the pursuit of truth? Where was the BOV? Were decisions corrupted by money? By politics? (Those 2 prior were rhetorical)

    1. Why do we have ABC stores?
      Why didn’t Miyares and Youngkin wipe this out on Day 1?

      Neither the governor nor the attorney general are legally empowered to “wipe out” state-owned ABC stores on “Day 1” – or on any other day for that matter.

      State liquor laws are the purview of the General Assembly – the legislative branch of our state government.

      1. walter smith Avatar
        walter smith

        Was talking about the Covid fines, not the ABC. The ABC stores was a gratuitous, kinda Libertarian comment.

        1. 10-4. Sorry for the misunderstanding.

          1. walter smith Avatar
            walter smith

            No offense. It was a disconnected, long simmering belief that I threw in at the beginning, cuz I could!

  7. LarrytheG Avatar

    OTOH , Strickland , unlike other conservatives full of COVID vinegar and spit but not much else, actually DID put his money where his mouth is.

    And gonna give Amanda Chase a run for her money!

    And if Nathan is right about the “law”, then Miyares and Youngkin look kinda of weak and feckless. Where are those pardons?

  8. Stephen Haner Avatar
    Stephen Haner

    Boy, this comment will make me unpopular, but if ABC issued an order to stop sales, and he just blew it off, then the subsequent raid on his establishment to confiscate his stock was fully justified. ABC could not let him thumb his nose at a lawful order and expect no others to join in similar defiance. It doesn’t matter if it was COVID rules, sales to minors, illegal on premises gambling or tolerating illicit drug sales — the licensees cannot ignore lawful orders. Sorry Kerry (and John Reid was all over this yesterday.)

    OTOH, in general I agree with Youngkin’s effort to end all that nonsense. He’s about ten months late with that. Almost none of those rules prevented any illnesses or deaths, they just pretended to. I’d say none but there might have been something effective. 🙂

    1. “ABC could let him thumb his nose at a lawful order …”

      “…the licensees cannot ignore lawful orders.”

      That assumes it was a lawful order. I could be wrong, but I don’t think that’s an established fact.

      1. Here is the relevant wording from the Code of Virginia (emphasis mine)

        § 44-146.17. Powers and duties of Governor. – The Governor shall be Director of Emergency Management. He shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services activities relating to the safety and welfare of the Commonwealth in time of disasters.

        The Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:

        (1) To proclaim and publish such rules and regulations and to issue such orders as may, in his judgment, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his judgment required to control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resources under any state or federal emergency services programs.

        You might not like governor Northam (I do not); and you might not like the emergency orders he issued during the declared emergency (I do not), but I think you may have a hard time showing that these orders were illegal under the laws that were in place at the time he issued them.

      2. Stephen Haner Avatar
        Stephen Haner

        Then you comply and appeal. That way lies chaos, Nathan. The ABC is a process and licensees can be heard with counsel. Somebody else has noted the same guy has whined that the AG’s office backed the ABC position. Do the mental exercise and imagine the charge was sales to minors…

        1. “Then you comply and appeal.”

          Fair point.

          “Do the mental exercise and imagine the charge was sales to minors…”

          I believe the prohibition of sales to minors is backed up by statute. Not sure that’s an apples to apples situation.

          With a little bit of mental exercise, I can imagine that sales to minors is indeed happening within the Commonwealth, and ABC resources would have been better utilized by going after those offenders.

          Enforcement should always include good judgement and prioritization. That appears to have been lacking in this case. (In my opinion)

        2. I’ve conceded the point, but have another concern regarding “chaos.”

          Looks to me like we have already arrived.

          “REVEALED: Woke LA DA George Gascón orders prosecutors not to charge immigrants because they might be DEPORTED and instead consider non-criminal programs”

          How long can we go on with two very difference systems of justice? We have one system based on the rule of law, and another based on the rule of people who pick and choose not only which laws to enforce, but also which people.

          1. LarrytheG Avatar

            and the solution to the second is to …. ??

          2. We need to somehow get Progressives to stop supporting people (prosecutors, judges, politicians, etc.) who don’t support the rule of law.

            So you tell me.

          3. LarrytheG Avatar

            only a problem on the left?

      3. Here is the relevant wording from the Code of Virginia (emphasis mine)

        § 44-146.17. Powers and duties of Governor. – The Governor shall be Director of Emergency Management. He shall take such action from time to time as is necessary for the adequate promotion and coordination of state and local emergency services activities relating to the safety and welfare of the Commonwealth in time of disasters.

        The Governor shall have, in addition to his powers hereinafter or elsewhere prescribed by law, the following powers and duties:

        (1) To proclaim and publish such rules and regulations and to issue such orders as may, in his judgment, be necessary to accomplish the purposes of this chapter including, but not limited to such measures as are in his judgment required to control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resources under any state or federal emergency services programs.

        You might not like governor Northam (I do not); and you might not like the emergency orders he issued during the declared emergency (I do not), but I think you may have a hard time showing that these orders were illegal under the laws that were in place at the time he issued them.

        1. Thanks.

          That may make sense for the short term, but if something is to go on for as long as Covid-19, I would like to see a legislative component. Too much power for one person – even someone I voted for.

          1. I agree. Unfortunately, our laws have not [yet] been updated to reflect that.

          2. Matt Adams Avatar
            Matt Adams

            That was the crux of a good number of arguments and articles on this very blog. That VA law granted the Governor such sweeping powers without check and as citizenry, we were required to adhere.

          3. Apparently so. I will admit my ignorance at the start of this discussion.

          4. Matt Adams Avatar
            Matt Adams

            It’s all good, no ignorance just not familiar which is why questions are important.

    2. DJRippert Avatar

      Gotta agree with you here. Although … there is a sense that marijuana convictions should be expunged from violators’ records once recreational marijuana sales are legalized. Maybe a similar amnesty is in order for COVID violations. However, until that amnesty is granted, those who violated the law should be penalized.

    3. I agree with you.

      Comply and appeal. Seek damages if [when] the order is deemed unlawful.

      1. killerhertz Avatar
        killerhertz

        Most people don’t have the legal resources to fight the state. Our judicial system is a joke in that regard.

        1. Matt Adams Avatar
          Matt Adams

          This is true, but that would’ve been the proper approach. I’m rather certain some lawyers would love to take cases pro bono for the publicity.

        2. You make a good point, attorneys are expensive.

          However, I agree with Matt Adams. There are plenty of lawyers out their who love taking on this type of case. Quite a few love doing it so much they will either donate their time, or charge the client only if they win a settlement.

          1. killerhertz Avatar
            killerhertz

            There’s no money to be made in defending yourself from the state. They act w/ impunity through their monopoly of violence. Unless of course it’s legal action against a cop, in which case the tax payer suffers, not the state.

  9. killerhertz Avatar
    killerhertz

    This is why it’s laughable that conservatives back the blue. These people arrested citizens for hanging out on beaches during lockdowns and prevented people from dining out during COVID. They enforced unlawful orders from their governors, none of whom will ever be prosecuted or face any consequences.

    1. Matt Adams Avatar
      Matt Adams

      Police don’t get to pick and choose which laws they enforce. They enforce laws and decrees that are enacted by politicians who don’t have to deal with the 2nd and 3rd order effects of their edicts.

      1. killerhertz Avatar
        killerhertz

        They could quit in protest. Protect the constitution my ass. It’s been proven to be a worthless piece of paper when the government decides.

        1. Matt Adams Avatar
          Matt Adams

          The Government is a reflection of the people, bad and good.

          Do you quit your job because you disagree with your boss?

          1. killerhertz Avatar
            killerhertz

            Why yes, because I am a man, not some btch hiding behind a badge. When I was faced with the jab mandate, which violated fundamental principals like informed consent, I told him I would be resigning if they didn’t make an exemption for me.

          2. Matt Adams Avatar
            Matt Adams

            “killerhertz 3 minutes ago
            Why yes, because I am a man, not some btch hiding behind a badge. When I was faced with the jab mandate, which violated fundamental principals like informed consent, I told him I would be resigning if they didn’t make an exemption for me.”

            Spoken like a true keyboard warrior, clearly supporting your family isn’t a priority. As for the the exemption, cool. I don’t think they should make an exemption just for you, but rather for anyone who objected.

            However, in additional you’re clearly full of yourself and likely not a brave as you proport.

    2. They enforced unlawful orders from their governors…

      Will you please make your case that the orders issued by the governor of Virginia during the pandemic’s declared emergency were unlawful?

      Please take a moment to peruse the Code Section I posted above before responding.

    3. They enforced unlawful orders from their governors…

      Will you please make your case that the orders issued by the governor of Virginia during the pandemic’s declared emergency were unlawful?

      Please take a moment to peruse the Code Section I posted above before responding.

      1. killerhertz Avatar
        killerhertz

        So you argue that some legal code that gives carte blanche legal powers to an executive to act like a tyrant, one I I never agreed to, is what my legal basis should be based on?

        1. Well, yes, because it is not “some legal code”, it is the Code of Virginia. As bad as the law under discussion is, it is a duly adopted law in our state. Unless you decide to no longer be a resident of the state, or you remove yourself entirely from society, then you are obligated to recognize it.

          If you don’t like it (and rest assured, I don’t) then the thing to do is work to change the law, not sit around griping about it or claiming it is unlawful.

          You seem to think your freedom allows you to simply ignore laws which you do not like, claiming that they don’t apply to you. If that is the case, then you are wrong.

          As a member of a society you are obligated to follow the laws of that society. Freedom means you have a right to have a say in (but not dictate) those laws. If enough of the free people in Virginia want the emergency powers of the governor to be reduced, and are willing to work towards that end, then the law will be changed.

          If not enough want to change the law, then it will likely remain in place. And if you feel strongly enough about it, then you may face a difficult decision – whether or not to remain a Virginian. I have faced that decision a few times in my life. So far I have decided that the good outweighs the bad in Virginia, and I have stayed.

          But I’ve started looking at land in Alabama and Florida, just so I can be prepared.

          1. killerhertz Avatar
            killerhertz

            You seem to think that if 51% percent of the legislature makes a law that is immoral or against liberty that makes it right. It is wrong. People violate the laws all the time out of conscience. Strickland did exactly that.

          2. I did not say it is right. I said it is the law of the Commonwealth.

            As far as violating the law out of conscience, civil disobedience, I fully support and understand people who decide to do that. But those people need to be prepared to accept the consequences of their actions, and not become whining little brats when they end up being punished under the very law which they oppose.

            I suggest you read the works of Henry David Thoreau. He knew the score as far as civil disobedience goes. And he not only talked the talk, he walked the walk. Check out Ralph Waldo Emerson, also.

          3. killerhertz Avatar
            killerhertz

            I agree with you on VA though. I’m hoping that the country balkanizes in my lifetime and that VA would be split into pieces as it should be. There’s no consensus among the governed. That much has been clear the past few years.

          4. As far as moving somewhere else, I am a bit concerned about the potential for “grass is always greener” syndrome. No matter where you live, you are most likely going to run across some laws, rules and regulations which you do not like.

            I’ve lived in Virginia my entire life. I am very familiar with the downsides (for me) of the laws here, and I have adapted as needed.

            I’d have to learn all that stuff about my new home if I moved away.

  10. LarrytheG Avatar

    OTOH , Strickland , unlike other conservatives full of COVID vinegar and spit but not much else, actually DID put his money where his mouth is.

    And gonna give Amanda Chase a run for her money!

    And if Nathan is right about the “law”, then Miyares and Youngkin look kinda of weak and feckless. Where are those pardons?

    1. walter smith Avatar
      walter smith

      Larry – when your usefulness is over as a useful idiot, you may regret only being a cheerleader for team tyranny.

      1. LarrytheG Avatar

        Oh I’m cheering for Team Strickland.

        He actually walks the walk unlike the mouthy ones that don’t!

        1. walter smith Avatar
          walter smith

          Really? I don’t recall you cheering on the people fired, kicked out, etc. In fact, I seem to recall you were all in on supporting our government overlords…

          1. LarrytheG Avatar

            I like folks who do follow their words with actions even if I don’t agree with their beliefs.

            So someone who thought Northam’s edicts were illegal, and steps up to challenge, they are to be recognized for their integrity.

            Got all that?

          2. walter smith Avatar
            walter smith

            Then why did you and others persecute people who complained? Called them names? Cheered on when they were fired? Dr. Marik? Kory? McCullogh? Great Barrington Declaration?
            You’re a joke. Kids were blackmailed and guilted into getting a shot they didn’t need, that didn’t work and is likely harmful, and we still don’t know the long term effects. People lost their jobs. The Military has denied all religious exemption requests except for people already retired. And it doesn’t work, but the Military (led by the cabal behind brain dead Joe) won’t back down. It’s tyranny. Got that?

          3. LarrytheG Avatar

            the military is tyrannical? THe heck you say!

            sorta like the red-light runners getting their butts in an uproar when they get pulled…

            Yep – there are rules… can’t do what you want…

          4. walter smith Avatar
            walter smith

            No, Larry. Why was it OK to force people to choose between a job and a shot they didn’t need? You act like people who don’t stand up are weak or hypocrites. They were wrongly blackmailed, and the few people who did stand up had the full force of Leftist tyranny, professional associations, social media, government, academia brought against them.

          5. LarrytheG Avatar

            Yeah it was Walter. And done that way around the world, not just in the US.

          6. walter smith Avatar
            walter smith

            And the world was wrong. I don’t give one piece of fecal matter what others do as the reason for me to do it. You’ll likely be dead before the “world” acknowledges that it made a “mistake.” (Mistake is too generous. I doubt the good faith)
            Facts are stubborn things and your propaganda is running out.

    2. killerhertz Avatar
      killerhertz

      Because the same conservatives that don’t support Strickland support guys like McCarthy and cocaine Mitch.

      1. LarrytheG Avatar

        Yep – conservatives are split apart worse than liberals and “conservatives” are.

        We’re gonna have two separated factions of conservatives if not already.

        1. killerhertz Avatar
          killerhertz

          In the words of the great Michael Malice… conservatives are just progressives driving the speed limit. Change my mind.

          1. LarrytheG Avatar

            well there are clearly different flavors of conservatives , no?

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