Texas Supreme Court rules salon owner jailed for violating lockdown order be released

The Supreme Court of Texas has ruled that Shelley Luther, the salon owner who was sentenced to jail for operating her business in defiance of the state’s shutdown order, be released.

Gov. Greg Abbott on Thursday eased part of his coronavirus executive order to eliminate jail time for business owners who do not comply.

“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 in a statement. “That is why I’m modifying my executive order to ensure confinement is not a punishment for violating an order.”

The change in the order, the governor said, “is retroactive to April 2nd, supersedes local orders, and if correctly applied, should free Shelley Luther.”

Luther, who owns a salon in Dallas, was sentenced to a week in jail by Judge Eric Moye and fined $7,000 for operating her business in defiance of the order. Moye told Luther that she “owe[s] an apology to the elected officials for whom you disrespected for flagrantly ignoring and, in one case, defiling their orders, which you now know obviously applies to you.”

Lt. Gov. Dan Patrick, as well as other Republican elected officials in Texas, expressed outrage at Luther’s jailing. Patrick offered to pay her fines and place himself under house arrest in order for Luther to be set free.

“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,” Abbott said.

Before Abbott’s modification on Thursday, Texas’s shutdown order for salons had been slated to expire Friday.

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