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Herring Files Injunction to Shut Down Hanover Restaurant – Owner Fights Back

Earlier today, Judge Patricia Kelly of Hanover Circuit Court issued a temporary restraining order closing Calabash Seafood Restaurant effective at 10:00 AM this morning at a hearing that lasted less than an hour.

Last month, Attorney General Herring requested an injunction to temporarily close Calabash because the restaurant was continuing to operate after the Department of Health suspended it’s license for repeated citations for failure to follow and enforce the Governor’s COVID safety measures.

“We all have a part to play in slowing the spread of COVID, and for restaurant and other business owners, that means following the safety guidelines that will help keep their employees and patrons safe and healthy,” said Attorney General Mark Herring. “Compliance with social distancing, mask requirements, and other safety measures will ultimately help us get through this pandemic faster and make it more likely that restaurants and other businesses can stay open for the long term.”

The complaint charged that the manager of the restaurant said that “the servers did not need to wear face coverings” and that if they felt they were at risk then “elderly people should stay home,” according to the complaint.

On July 27, the restaurant’s license was suspended by the local health department. The restaurant continued to operate, then received a second notice of license suspension on August 13. The restaurant has continued to operate without a license and without complying with the Governor’s Covid-19 proclamations.

In response to today’s ruling Calabash Seafood Owner Dennis W. Smith posted the following notice on the Restaurant’s website:


Calabash Seafood/Club Midway will be closing tonight (9/1) at 10:30 pm until further notice. The injunction from the Virginia Health Department was granted. The battle has just begun. Please make a donation to our go fund me page.

Governor Northam has done a great injustice to the Commonwealth of Virginia. He had no justification for the executive orders he signed. The numbers on the VDH web site clearly show this data. The Governor believes he is in control of the state as its new dictator. We the people are in charge. We will show him that we the people rule.

This go fund me page is to hire an army of the best lawyers across the state to crush Governor Northam. This is about your Liberty, Freedom and Justice for all Virginians. Consider making a small donation of the minimum $5.00 to make Virginia great again. Most importantly, the Calabash staff and I thank you for all of the prayers and support.

– Dennis W. Smith

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