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Dallas Salon Owner Who Was Jailed for Reopening Is Released Dallas Salon Owner Who Was Jailed for Reopening Is Released
(3 days later)
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.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 governor, who had issued the very lockdown orders she publicly defied.The governor, who had issued the very lockdown orders she publicly defied.
And the state’s highest civil court.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.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.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 partly. 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.Mr. Abbott has reopened Texas, but only partly. 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.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 $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.A judge sentenced Ms. Luther on Tuesday to a week in jail and a fine of $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,” the governor said in a statement, “and I will not allow it to happen.”“Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical,” the governor said in a statement, “and I will not allow it to happen.”
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!”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!”
Ms. Luther, fighting back tears and wearing a face mask, said she was grateful for the support.Ms. Luther, fighting back tears and wearing a face mask, said she was grateful for the support.
“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.”“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.”
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.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,” she told the judge, “because feeding my kids is not selfish.”“I have to disagree with you, sir, when you say that I’m selfish,” she told the judge, “because feeding my kids is not selfish.”
The state’s top Republicans have found themselves in a jumble of mixed messages in their responses to Ms. Luther’s case.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.”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.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.)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.)
Updated June 5, 2020 Updated June 12, 2020
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
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.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. 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,” Mr. Abbott said, “it is absurd to have these business owners take their place.”“As some county judges advocate for releasing hardened criminals from jail to prevent the spread of Covid-19,” Mr. Abbott said, “it is absurd to have these business owners take their place.”
Manny Fernandez reported from Houston, and David Montgomery from Austin.Manny Fernandez reported from Houston, and David Montgomery from Austin.