AUSTIN (Talk1370.com) -- The Texas Supreme Court has ordered the release of a Dallas-area salon owner who was sentenced to jail over her refusal to apologize for disobeying Dallas County's stay-at-home orders.
Tuesday, Dallas salon owner Shelley Luther was sentenced to seven days in jail and a $10,000 fine after being held in contempt of court by state district Judge Eric Moyé. The sentence came after Luther continued to operate her salon in violation of Dallas County's stay-at-home orders.
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The Texas Supreme Court granted Luther’s release Thursday, saying in a brief they "granted an emergency motion to be released without bond while the habeas corpus petition is considered."
Texas Gov. Greg Abbott modified his executive orders Thursday morning to eliminate confinement as a punishment for violating an order. "Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen," Abbott said. "That is why I am modifying my executive orders to ensure confinement is not a punishment for violating an order. This order is retroactive to April 2nd, supersedes local orders and if correctly applied should free Shelley Luther. It may also ensure that other Texans like Ana Isabel Castro-Garcia and Brenda Stephanie Mata who were arrested in Laredo, should not be subject to confinement. As some county judges advocate for releasing hardened criminals from jail to prevent the spread of COVID-19, it is absurd to have these business owners take their place."
On Wednesday, Abbott and Texas Attorney General Ken Paxton weighed in on the case, with Paxton saying the judge is abusing his authority.
"I find it outrageous and out of touch that during this national pandemic, a judge, in a county that actually released hardened criminals for fear of contracting COVID-19, would jail a mother for operating her hair salon in an attempt to put food on her family's table," Paxton said in a statement. "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. He should release Ms. Luther immediately."
In his letter, Paxton cites the Dallas County District Attorney's recent announcement that he "will not prosecute theft of personal items less than $750 unless the evidence shows that the alleged theft was for economic gain," along with efforts by Dallas County to voluntarily reduce its jail population "by about a thousand people" due to COVID-19.
Abbott, who on Tuesday set a timeline for salons across the state to re-open beginning Friday, joined Paxton in voicing his disagreement with the judge's actions. "I join the Attorney General in disagreeing with the excessive action by the Dallas Judge, putting Shelley Luther in jail for seven days. As I have made clear through prior pronouncements, jailing Texans for non-compliance with executive orders should always be the last available option. 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."
Dallas County Judge Clay Jenkins had sent Luther a cease-and-desist order demanding she close her salon in compliance with a March 22 stay-at-home order. Luther tore Jenkins' letter to pieces during a protest outside Frisco City Hall.