This new session of conversations is with the members of the Frederick County Delegation. We extended an invitation to each of our representatives for a focused conversation on their passions and priorities with the hopes of providing valuable information and insight to the Frederick County community. The work of our Legislative Delegation during the annual 90-day Maryland General Assembly session impacts all of us, our lives, our families and our businesses. Hear firsthand from our legislators as they share their priorities and plans to deal with Maryland’s most pressing issues.
In this interview Delegate Cox discusses:
[2:35] Reopening Maryland
[6:36] Lawsuit: Delegate Cox vs Governor Hogan
[10:11] Constitutional Right of businesses and churches
[14:44] 2020 Upcoming presidential election
[17:25] Maryland General Assembly
[22:00] Upcoming issues for January
Transcription edited for readability:
Rick Weldon: It has certainly been an interesting time! Interesting for our business members who have struggled during this pandemic with being closed or having to find alternative ways to operate commerce. This is a topic that I know that you are deeply and personally invested in. In fact, you and I have talked on a couple of occasions about your concerns with the exercise of emergency powers by the executive and that makes sense because you are a member of the legislative branch of our state government. I’d love it if you would talk a little bit about your concerns and what steps you’ve tried to take to advocate on behalf of businesses not just in District 4 but also across the state of Maryland.
Delegate Cox: Well thank you, Rick. It is an honor to be here and speak with everyone today. You know, we are in a crisis of our ability to provide for our families and to make sure that our kids have a sense of normalcy. That’s the problem that we’re dealing with. When you look at the current numbers it is absolutely important that we open the state immediately and that businesses are allowed to function with normalcy and that children can go back to school and have sports.
A tragedy that I recently heard about was a top football star here in Maryland that transferred to Texas because he is being recruited by an NCAA football team. He transferred out of Maryland because Maryland is not providing those sports here in our schools and it is such a travesty. The Governor has said an all-clear for October 7th and we had to send a letter to the Frederick County Board of Education because sadly they are still not planning to reopen those sports to allow an additional opportunity educationally for children and that impacts small businesses in a major way as many of the business members would know.
The reason why I filed a lawsuit on behalf of the people of Maryland as a delegate is because the small businesses have a right to function and individuals have a right to provide for themselves and for their families. And we’re smart enough to do that according to guidelines and that’s being proven out all across the country. Maryland is really a bubble. For instance, many people don’t realize that Maryland is only one of seven states with its schools still shut down and only doing virtual learning. That’s just not appropriate when you consider the amount of competition that Maryland businesses and students are going to face. I think there are important constitutional issues for our businesses to look at. They need to be open and need to be able to survive.
I know the US Chamber recently did a poll showing that a large number of businesses are concerned that if they don’t have the freedom to business fully, within the next six months, that over 61 % potentially could close. Permanently. That’s an outrage! We’re looking at right now a five million dollar surplus in the general fund and I support the call to allow for grants to be provided for businesses right now. Immediately. I am not a big government person but when the government comes in and shuts down a business they have a duty and obligation to make sure that those takings are recompensed. And that’s what is going on here, there has been a taking of the small businesses and we need to make sure that people can apply for those grants. As of today, I haven’t heard of any except maybe there is a small program here in Frederick so it’s a county for first come first serve. You know, it’s not enough to just give out grants, that is why as Republicans we believe strongly in reopening the economy because if you look at the $585 million in the general fund the comptroller has called, and I think rightly so, to provide grants to the small businesses. (And I support that.) But the problem that you see with that is when you divide that with the 477,000 businesses in Maryland that is only $1000 so it’s going to be first come first serve. The way to make sure that this economy rocks and rolls again is that the businesses themselves can provide that climate by reopening fully and that tax revenue that they provide back to the state is going to be very helpful.
So say if right now we can do $32 billion for the Kirwan Commission during a crisis, which is what the Democrats have called for, unfortunately, to proceed with that plan, I think it is reckless. I think instead we should make sure that our businesses are strong and that we don’t lose that 61% and that we make sure that people have the cash they need to function in the next six months.
Rick: I’m in the position to have to explain the current dichotomies to businesses and there is no rational explanation for why a small business owner can not open but a Costco can.
Delegate Cox: Exactly Rick and it’s a shock. And that’s why I took the lawsuit forward and by the way, it is still pending in the U.S. District Court so we’ll see how that proceeds. We have a new supreme court justice likely coming in within the next 30 days and I’m hopeful that we will be able to provide some relief. Within days of filing that demonstrating these types of inequities the Governor began to try to correct some of that and slowly began to reopen in certain parts of the state and provide a little more equity. Unfortunately, it’s not been fast enough. We’ve got to get these businesses open. I recently spoke with an owner of a limousine company here in Frederick and he reports that if the restrictions aren’t taken off of the business within the next six months they don’t know how they’re going to survive because most of their entire product has been providing services during this period of the summer plus proms and business meetings have completely gone to the wayside. Everything has decimated their industry and at the end of the day, they are left with wondering how they are going to function and that is a reflection of the majority of these stories. You can go to a big box store and you can buy everything and it is permitted. Why? When a small business person actually can reduce the risk of the virus by spreading people out. By following CDC safeguards let’s let everybody function with safety in their own businesses and at full capacity. I’m glad we are at 75%, it’s been a long time coming. We’ve fought very hard to get those restaurants open immediately. There was talk, if you recall, that restaurants and bars would be shut down until next year. That was back in May when we filed suit. So we are doing better than what was projected. But we are still not enough. A lot of restaurants and bars can’t function at 50% capacity and 75%. I urge the Frederick County executive to move the bars and restaurants to 100% and we’re gonna keep fighting for that.
Rick Weldon: We talk about the businesses-and I think the number is greater than 20%- that aren’t going to be able to recover. My members can’t pay their membership dues if their government has their doors closed. How about churches and church services? Will you talk about that a moment? I know that is a pain point for you…
Delegate Cox: Both businesses and churches have a constitutional right to function and to provide services to the public. We had both businesses and churches join together in the lawsuit with the delegates and there were three of us. One of the issues that the churches were facing was they were ordered to not allow worship services but yet they could provide certain limited in-person functions such as food banking. They were allowed to do food banking but yet they couldn’t sing a song. It just made no sense and it still makes no sense. I know that some of the county executives were rather harsh on that. When you look at the fact that many businesses and churches provide some of the emotional and psychological support, particularly churches, and you look at some of the kids right now… I saw an American Association of Pediatrics report saying that as of October 27% of parents reported worsening mental health since March 2020 shutdowns started and 14% of students. When you look at the drastic rise in opioid deaths, I saw that the Lt. Governor announced that somewhere between a 10% and 20% spike in opioid and other overdose deaths have occurred just since the lockdown started. So we see these issues directly corrected to the need of society to be able to function, to be able to have the opportunity to worship, to be able to have the opportunity to provide for their families.
This is basic life, this is what our constitution was made for and when you just look at the broad sweep of the orders it’s unconscionable. One of the examples we included in the lawsuit was that you could literally go into a big box store and there could be 900 people in the store but you couldn’t go into a mom and pop shop under penalty of $5,000 fines. Everyone knows that this was improper overreaching but we are moving in the right direction now. The positive viewpoint is when you look at the other states that did not lockdown, they bent the curve just fine and they’re doing well economically. I think that’s created an impetus for states like Florida and Texas to begin to realize that they should’ve stayed open and reopened quickly. Hopefully, that will pressure Maryland and our Governor to do the same. I think we need to move in that direction and it needs to be now and I’m fighting for that.
One of those key things that you mentioned is you know the ability of parents to be able to have access to their resources. I know parents from my constituency are speaking out regarding the shutdown of athletic programs and schools. This prevents parents from being able to go to work, drastically reducing their production. They can’t go to work, they can’t run a business very well when they have to take their children into the businesses. Then you hear of these amazing stories where the childcare facilities are in the school the kid is supposed to be attending and sometimes even charging for that care. That is just not right. We need to reopen and we need to reopen quickly and I am proud to be a part of that effort working hard with ReOpen Maryland to do that. That is what businesses need, when you have businesses like yours and the hundreds of members of the Chamber, they have one ability to stay open and that is cash flow. Our businesses have got to start having access to 100% access to cash flow and any government taking off that I believe is unconstitutional without recompense. They need to be paid for that 10-50% loss and even to some extent for 60 days or so 100% percent loss.
Rick Weldon: These things certainly crash in waves like Tsunami, they get bigger and the implications get broader. The next thing I’d like to talk to you about is the election. We are literally weeks away from a Presidential election, in fact, mail-in voting has already begun. I know you have some serious concerns relative to our preparedness for, and the conduct of the upcoming election.
Delegate Cox: Well Rick, as you know the integrity of the elections is what marks our democratic republic great. The opportunity that exists within this virus crisis to possibly do ballot harvesting (to separate the envelopes from the mail-in ballots so you don’t know when the ballot was cast) can lead to this November 3rd deadline which is constitutional- becoming weeks and weeks afterward. To know what ballots were cast by whom and then cross-checking is going to be enormous. We are already seeing in Maryland allegations about harvesting where ballots were mailed to people’s homes and people were showing up knocking on doors asking to collect those ballots. This is a concerning issue that I have raised with the Board of Elections, and I have received a letter back. I have also raised some of that with the Attorney General and I’m waiting back on some of those responses.
One of the responses the Attorney General did provide was that they felt because they are threatening the referrals of any misuse of the ballot to prosecution-that will help create a deterrent and I hope so. However, that does not change the fact that twenty million ballots are printed right now in Maryland for a state that only has three million voters. As Republicans, we have asked why. It is concerning and is going to be concerning down-ballot also. We are looking at that carefully.
I absolutely support the reelection of President Trump because everyone knows that that is going to create a boom in our economy and that’s what we need. His policies have done that, he will do it again. I’m looking forward to supporting our election efforts by being part of the poll-watching- the legal poll watching which is necessary.
Individual businesses should really understand that this is a crucial election and when you look at things like the access to the Maryland General Assembly and how that will play out. I’m still waiting for a letter on the Attorney General on that but I’ve asked specific questions such as ‘How is it that the constitution mandates that the doors of the Maryland General Assembly shall remain open at all times that the assembly is in session – how is it that they are potentially planning to continue the limit of access like they did the last session?’
As you remember for several weeks we were behind closed doors. I had to walk out of my committee because they weren’t even live-streaming the votes. Thankfully my Chairman agreed with me and they made a bipartisan decision to live stream and provide access so I was able to go back into my committee. I wasn’t going to participate in excluding my constituents from seeing what was going on. These are crucial issues and I think that needs to be looked at very carefully. In Maryland, I think about 16 business associations along with the Chambers joined together with a letter saying we have to have access to the Maryland General Assembly as it is a constitutional right for all constituents.
Rick Weldon: Yeah in eight and a half years I will never forget all the people who would make four-hour drives to get three minutes in front of their committee. To deny a Marylander that just feels extra-constitutional- we are working outside the four sides of the page when things like that happen.
So normally you wouldn’t go back until the second Wednesday of January, do you feel like there should be an opportunity for a special session particularly with the pandemic impacts on businesses and the needs to accelerate the ability to compensate some of these business owners for their losses?
Delegate Cox: In that narrow sense, absolutely yes. . The problem is when it has been discussed politically it becomes a huge issue looking at trying to defund the police. I mean that is outrageous, we need to protect our police because they protect our businesses from getting the glass shattered during these protests. We have to stand with the blue and I strongly support our police departments so I will not participate in anything that seeks to defund them. We are looking at that very carefully to make sure that does not pass this year and I don’t want to have a special session where the far left attempts to do that because it will hurt small business and families.
But you are absolutely right we should be meeting. We are the check and balance of the executive, we are the statutory and constitutional authority to look at emergency powers to the extent and the nature and the statute says it very clearly that it should not extend beyond thirty days and if so the Governor is supposed to certify those reasons.
Now I don’t think it’s sufficient how that is proceeded. I think we need to have a better review of that and I think a lot of my colleagues agree. I think we need to look into this very carefully so that businesses are recompensed for having their capital taken by these shutdowns. We can debate politics back and forth over whether there should’ve been a 14 day shut down to flatten the curve as we were promised but those promises have been long broken. We are now at what I believe is over 200 days- I’ve lost count- and it’s beyond the norm. It is not in any way supported by science and in fact, we have science showing that it hurts. There is a New York Times article out this week saying that the shutdowns hurt not only people but the economy- worse than had they stayed open. So I think it’s important that the legislature looks at these things and that the balance of power is checked.
How that happens between now and January is a real question because I don’t see- with the Speaker of the House and the President of the Senate calling for no special session- I don’t see even a narrow review of the emergency powers being reviewed by the Speaker of the House. So that has its positive benefits for business as well as its negatives with the sense that we are kind of stuck.
I think what needs to happen is the Membership of the Chamber and businesses and parents need to make their voices heard. No one should be afraid of repercussions from any government official. This is why we have a representative government and they should all speak up, make their voices heard, and make it clear that they need businesses to open and function as normal. Additionally, it needs to happen now and not after the first of the year.
Rick Weldon: So one of the issues you just brought up is being broadly defined by the majority party members in Montgomery County and Baltimore City and Prince George’s County, under the rubric of police reform. So we know that is going to be on your plate, but what are some other issues you think you will have to address when you do reconvene in January?
Delegate Cox: Well I actually sit on the Public Safety Subcommittee in the judiciary committee and we are going to fight very hard for the protection of small businesses and families. Some of the other issues that we are already dealing with are the emergency powers and whether or not you can literally take 50% of a businesses income for extended periods of time. I think we are going to have that debate and I currently have legislation being drafted on that issue.
It is essential that we look at all businesses as essential because they are essential to the provision and to the economy not only of that individual but to the entire community. There is no one that is not essential in that role. Then when you look at some other issues that myself and my teams are looking at regarding holding the line on taxes, regarding new roads- I have also supported rolling back some of the energy mandates that hurt small businesses in local towns. They are using The Green New Deal approach to skyrocket energy prices to a 50% mandate of solar by I believe 2030. So my bill last year passed in a forum with some other delegates but due to the virus everything halted in the senate. We will continue working on that.
I also have a sexual predator bill that was brought to my attention that should be alarming to all of Frederick County. We do not have a law right now that that prevents someone convicted of child sexual abuse from actually living near a school or playground. We have had an incident of that arise in the County and so I drafted a bill last year. It came in after the deadline so I am working on that as well.
Rick Weldon: That’s great. You know I watched you during your prior sessions and you apply yourself with more than 100% energy. I know it’s hard particularly, with a family and with your business, to be down there and fighting the good fight. It certainly is appreciated that you represent a different point of view- there is a little bit of groupthink that goes on even within the parties.
I hope you continue to be you, fighting with passion and focus and commitment. I can tell you that our small business members deeply respect and appreciate someone who is looking out for their six because in this environment tradition and normalcy has flown out the window, having a stalwart who stands on principle (I think) is a really good thing so we appreciate that.
Delegate Cox: Thank you Rick and my thanks to the Chamber for all they have done to speak up and support our freedom and our business. That is truly my desire and my heart- I am a small businessman. I’ve done that for fifteen years and that’s partly why I got involved as well as being a parent. I have kids in elementary school, high school and college and with that spectrum, I am thrilled and honored to bring that perspective.
As you know I have stood with the Governor on all the things he has done well and I will continue to do that but it doesn’t mean we can’t agree to disagree- even strongly sometimes- on some of the policy issues that are absolutely decimating to all corners of our society. I am very happy- and I promised this when i was elected- that I am here for all citizens, not here for any party. I am a Republican but I fight hard for everyone. I hope I will have the opportunity to make some headway this session and I appreciate the opportunity to speak to everyone.
DANIEL L. COX
Republican, District 4, Carroll & Frederick Counties
House Office Building, Room 326
6 Bladen St., Annapolis, MD 21401
(410) 841-3288, (301) 858-3288
1-800-492-7122, ext. 3288 (toll free)
e-mail: dan.cox@house.state.md.us
fax: (410) 841-3184, (301) 858-3184
Frederick Chamber Insights is a news outlet of the Frederick County Chamber of Commerce. For more information about membership, programs and initiatives, please visit our website.