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Dallas Salon Owner Who Was Jailed for Reopening Is Released Dallas Salon Owner Who Was Jailed for Reopening Is Released
(about 1 hour later)
HOUSTON — Gov. Greg Abbott of Texas gave a Dallas salon owner who was jailed for reopening her business and violating lockdown orders the equivalent of a “get-out-of-jail-free” card on Thursday — modifying his executive orders on the matter to remove confinement as a punishment. Soon after, the Texas Supreme Court ordered her release and she walked free. HOUSTON — A Dallas salon owner who reopened her business amid the coronavirus pandemic was serving a weeklong jail sentence on Thursday when some powerful people came to her aid.
The salon owner, Shelley Luther, defied state and local orders for nonessential businesses to remain closed during the coronavirus pandemic when she reopened Salon À La Mode on April 24 and then tore up a cease-and-desist letter sent to her by Dallas County officials. The governor, who had issued the very lockdown orders she publicly defied.
A judge sentenced Ms. Luther on Tuesday to a week in jail and a fine of at least $3,500, and she quickly became a symbol of conservative outrage over state lockdowns and stay-at-home orders. Armed protesters rallied outside the salon, and former Gov. Sarah Palin of Alaska paid a visit to show her support. And the state’s highest civil court.
After serving just two days of her sentence for being in contempt of court, the salon owner, Shelley Luther, was released — ending a legal drama that turned her into a red-state icon for openly disregarding orders to keep her salon shut as the coronavirus continued to spread in Texas.
The governor, Greg Abbott, gave Ms. Luther the equivalent of a “get-out-of-jail-free” card on Thursday, modifying his executive orders to remove confinement as a punishment for violating the lockdown. Soon after, the Texas Supreme Court ordered her release and she walked free.
Mr. Abbott has reopened Texas, but only partially. Restaurants, shopping malls and other shops were reopened last week with limited capacity, but hair salons have had to wait until Friday to start taking customers again.
Ms. Luther defied state and local orders for nonessential businesses to remain closed when she reopened Salon À La Mode on April 24 and then tore up a cease-and-desist letter sent to her by local officials.
A judge sentenced Ms. Luther on Tuesday to a week in jail and a fine of at least $7,000, and she quickly became a symbol of conservative outrage over state lockdowns and stay-at-home orders. Armed protesters rallied outside the salon, and former Gov. Sarah Palin of Alaska paid a visit to show her support.
Mr. Abbott, who met with the president at the White House on Thursday, said in a statement that he was eliminating confinement as a punishment for violating the executive orders, and doing so retroactively so the shift would apply to Ms. Luther’s sentencing.Mr. Abbott, who met with the president at the White House on Thursday, said in a statement that he was eliminating confinement as a punishment for violating the executive orders, and doing so retroactively so the shift would apply to Ms. Luther’s sentencing.
“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,” the governor said in a statement.“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,” the governor said in a statement.
Hours after Mr. Abbott’s statement and the court’s ruling, Ms. Luther walked out of the Lew Sterrett Justice Center on Thursday afternoon to a crowd of supporters, who waved signs and chanted, “Shelley’s Free!” Hours after Mr. Abbott’s statement and the court’s ruling, Ms. Luther walked out of the Lew Sterrett Justice Center on Thursday afternoon and was greeted by a crowd of supporters, who waved signs and chanted, “Shelley’s Free!”
The state’s top Republicans have found themselves in a jumble of mixed messages in their responses to Ms. Luther’s case. Mr. Abbott rushed to the defense of a woman who flagrantly violated his own orders, which he had previously told reporters were “enforceable by either a fine or jail up to 180 days.” The Texas attorney general’s office had rebuked a local official who had called the governor’s orders vague and had encouraged salon owners to reopen, but then called the jailing of Ms. Luther excessive and a political stunt. Ms. Luther, fighting back tears and wearing a face mask, said she was grateful for the support.
Before the Texas Supreme Court issued its ruling, the attorney general, Ken Paxton, urged the judge who sentenced Ms. Luther to “reconsider and immediately release” her, writing in a letter that the judge had abused his discretion by ordering her to jail. Mr. Paxton, the state’s top lawyer, was indicted for securities fraud in 2015 and continues to face his own legal troubles. “Thank you so so much, and I’ll have more to say when I can gather myself, but I’m a little overwhelmed,” she told the crowd. “I just want to say thank you.”
The judge who sentenced Ms. Luther — Eric V. Moyé, a state civil district judge in Dallas County — joined other judges in signing onto a letter to Mr. Paxton, writing that they were troubled by Mr. Paxton’s communication, which they said violated the Texas Code of Judicial Conduct. At the hearing on Tuesday before she was taken into custody, Ms. Luther had told the judge she had no regrets about reopening the salon after a closure of more than a month.
“I have to disagree with you, sir, when you say that I’m selfish, because feeding my kids is not selfish,” she told the judge.
The state’s top Republicans have found themselves in a jumble of mixed messages in their responses to Ms. Luther’s case.
Mr. Abbott rushed to the defense of a woman who flagrantly violated his own orders, which he had previously told reporters were “enforceable by either a fine or jail up to 180 days.”
The Texas attorney general’s office had rebuked a local official who had called the governor’s orders vague and had encouraged salon owners to reopen, but then called the jailing of Ms. Luther excessive and a political stunt.
Before the Texas Supreme Court issued its ruling, the attorney general, Ken Paxton, urged the judge who sentenced Ms. Luther to “reconsider and immediately release” her, writing in a letter that the judge had abused his discretion by ordering her to jail. (Mr. Paxton, the state’s top lawyer, was indicted for securities fraud in 2015 and continues to face his own legal troubles.)
The judge who sentenced Ms. Luther, Eric V. Moyé, a civil district judge in Dallas County, joined other judges in signing onto a letter to Mr. Paxton, writing that they were troubled by his letter, which they said violated the Texas Code of Judicial Conduct.
“In this context, for you to ‘Urge’ a judge towards a particular substantive outcome in this matter is most inappropriate and equally unwelcome,” the judges wrote.“In this context, for you to ‘Urge’ a judge towards a particular substantive outcome in this matter is most inappropriate and equally unwelcome,” the judges wrote.
Texas’ Republican leaders have been battling on many fronts with the Democrats who run Dallas County. Ms. Luther was seen as a conservative hero defying overzealous Democratic-leaning officials. The lieutenant governor of Texas, Dan Patrick, went so far as to offer to submit himself to house arrest to help free her.Texas’ Republican leaders have been battling on many fronts with the Democrats who run Dallas County. Ms. Luther was seen as a conservative hero defying overzealous Democratic-leaning officials. The lieutenant governor of Texas, Dan Patrick, went so far as to offer to submit himself to house arrest to help free her.
If the judge “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,” Mr. Patrick told reporters on Wednesday. “I’m fine to take her place in house arrest. I just don’t think she should be going to jail.”If the judge “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,” Mr. Patrick told reporters on Wednesday. “I’m fine to take her place in house arrest. I just don’t think she should be going to jail.”
Mr. Patrick, who had also volunteered to pay Ms. Luther’s fine, later deposited $7,000 in a GoFundMe page established by her supporters, the largest single donation of the more than $500,000 that had been raised.
Mr. Abbott’s action on Thursday was also prompted by two other cases in the border city of Laredo.Mr. Abbott’s action on Thursday was also prompted by two other cases in the border city of Laredo.
Two women, Ana Isabel Castro-Garcia and Brenda Stephanie Mata, were arrested by Laredo police officers after they offered nail and eyelash services from their residences, in violation of the local emergency management plan. They each faced misdemeanor charges of up to 180 days in jail, a fine or both.Two women, Ana Isabel Castro-Garcia and Brenda Stephanie Mata, were arrested by Laredo police officers after they offered nail and eyelash services from their residences, in violation of the local emergency management plan. They each faced misdemeanor charges of up to 180 days in jail, a fine or both.
The governor said in his statement that he wanted to ensure that Ms. Castro-Garcia and Ms. Mata were not subject to jail time.The governor said in his statement that he wanted to ensure that Ms. Castro-Garcia and Ms. Mata were not subject to jail time.
“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,” Mr. Abbott said.“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,” Mr. Abbott said.
Manny Fernandez reported from Houston, and David Montgomery from Austin.Manny Fernandez reported from Houston, and David Montgomery from Austin.