Texas state leaders defend Dallas salon owner jailed for violating coronavirus order
Texas’ top leaders urged a state district judge to reconsider the week-long jail sentence of a Dallas salon owner who reopened her business in the face of coronavirus-related restrictions on nonessential businesses.
In a Wednesday letter to state District Judge Eric Moyé, Attorney General Ken Paxton wrote that Shelley Luther, the owner of Salon à la Mode in Dallas, should be immediately released.
“The trial judge did not need to lock up Shelley Luther. His order is a shameful abuse of judicial discretion, which seems like another political stunt in Dallas,” Paxton said in a statement.
It was a point Gov. Greg Abbott echoed in a statement of his own shortly after, calling Moyé’s ruling “excessive.”
“As I have made clear through prior pronouncements, jailing Texans for non-compliance with executive orders should always be the last available option,” Abbott said in a statement Wednesday. “Compliance with executive orders during this pandemic is important to ensure public safety; however, surely there are less restrictive means to achieving that goal than jailing a Texas mother.”
Moyé and 11 other state district judges in Dallas County responded to Paxton in a letter Wednesday night, and wrote that Paxton urging Luther’s release was “most inappropriate and equally unwelcome.” The Star-Telegram obtained a copy of the letter Thursday.
“We trust that this shall not happen further. For the sake of ALL of the citizens of Texas, please let the Judicial process play out without any further interference,” the letter read.
In an email Wednesday night, a coordinator for Moyé’s court said the judge had no comment.
Luther was sentenced Tuesday after she refused the judge’s offer to commit to not reopening until allowed to and to apologize for doing so. In addition to spending a week in jail for being found in contempt of court, Luther was also fined $7,000 for violating a temporary restraining order against reopening her business.
U.S. Rep. Ron Wright, a Republican from Arlington, said in a statement Wednesday that the judge’s ruling is “diabolically unjust” and “one of the worst examples of judicial hubris we have seen in a very long time.”
On a call with reporters Wednesday afternoon, Lt. Gov. Dan Patrick offered to pay Luther’s fine for her — or make up the difference if funds have been partially raised — and went as far as saying he would serve her sentence for her under house arrest.
“I just think the judge way overreached in that — way overreached,” Patrick said. “And if he wants to substitute me for her, and sentence me to seven days of house arrest so she can go back to work, that’s fine. I’m fine to take her place in house arrest. I’m kind of here anyway, you know what I mean. I just don’t think she should be going to jail.”
A spokeswoman for Patrick wrote in an email Thursday that he had contributed $7,000 to Luther’s GoFundMe account.
Abbott announced Tuesday that hair salons would be allowed to reopen in a limited capacity starting Friday — provided they follow strict rules, like limiting one customer per stylist and maintaining at least six feet of separation between stations.
In light of Abbott’s announcement, Paxton said Moyé’s ruling is “significantly overbroad” since Luther will be legally allowed to reopen in two days.
“Confining Ms. Luther for seven days, well after she could be operating her business and providing for her children, is unjustifiable,” Paxton wrote.
In his letter, Paxton also pointed to Dallas County officials reducing the county’s jail population due to COVID-19 related concerns.
“A community that released all those people, some of whom committed serious crimes, can certainly stand to release one more — a mother whose only crime was operating a small business in an effort to feed her children,” Paxton wrote.
Luther had reopened her salon April 24, defying Dallas County’s stay-at-home order and going as far as tearing up a cease-and-desist letter from Dallas County Judge Clay Jenkins, according to the Dallas Morning News.
On Friday, the first phase of Texas’ “nonessential” businesses were allowed to open their doors to in-person customers at a limited capacity. At the time, Abbott had made clear that salons were not one of the businesses permitted to reopen.
And it was a point reiterated in a letter sent last week by Paxton’s office that said “local governments are prohibited from allowing businesses to reopen unless they are recognized as essential or reopened services under the Governor’s order.”
In the past, Abbott has repeatedly stressed that violating his executive orders related to the coronavirus outbreak could result in fines up to $1,000, jail time up to 180 days, or both.
Luther’s case has gained widespread attention, as a growing number of Republican state lawmakers have clamored for salons, gyms and more to reopen sooner rather than later. GOP lawmakers have rallied behind her, and called her actions brave. Meanwhile, some Democratic lawmakers said her case has been an example of inequities in Texas’ criminal justice system.
This story was originally published May 6, 2020 at 1:23 PM.
