Texas Salon Owner Defies Stay-At-Home Orders, Sentenced to Seven Days In Jail and Fines
[guest posted by Dana]
The owner of a Dallas hair salon ignored stay-at-home orders , and paid the price for her defiance:
Salon À la Mode owner Shelley Luther was sentenced to seven days in jail for criminal and civil contempt and a $7,000 fine today for defying Governor Greg Abbott’s stay-at-home rules.
Dallas Judge Eric Moye found Luther continued to operate her hair salon in violation of the governor’s order and in violation of a restraining order from the court.
She and her business are also each being fined $500 for every day… seven in all so far… that it was open in violation of the governor’s order. Judge Moye said the salon would continue to rack up a $500 fine for every day it remains open between now and Friday – when Abbott has said all salons can open.
Last week, Luther received a cease-and-desist letter from Dallas County Judge Clay Jenkins ordering her to close the salon — and she publicly ripped it up. In defying the order, Luther has gained many supporters, among them the Open Texas movement.
Judge Eric Moye had offered Luther an alternative to jail time: apologize for her actions and acknowledge that she had selfishly put herself before the community, and keep her business closed until the state-approved reopening date (this Friday). Luther turned down his offer, telling the court:
I have much respect for this court and laws. I have never been in this position before and it’s not someplace that I want to be. But I have to disagree with you sir, when you say that I’m selfish because feeding my kids — is not selfish. I have hair stylists that are going hungry because they’d rather feed their kids. So sir, if you think the law is more important than kids getting fed, then please go ahead with you decision but I am not going to shut the salon.
After being sentenced to seven days in jail, Texas Attorney General Ken Paxton ordered Luther be released from jail:
Texas Attorney General Ken Paxton has called for the “immediate release” of a Dallas salon owner who was arrested and sent to jail for opening her business in defiance of Gov. Greg Abbott’s stay-at-home orders.
Paxton referred to her sentencing as “unjustifiable,” and a “political stunt”:
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. 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.
Paxton also informed Judge Moye that his sentencing had been “significantly overbroad.”
Gov. Abbott concurred with Paxton’s assessment:
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.”
This speaks to the tricky balancing act of stay-at-home orders. While I wholeheartedly agree with both the governor and the attorney general, it begs the question: should there be any consequences for non-essential business owners defying stay-at-home orders? Should these orders have any teeth to them? And what happens if a majority of business owners across the country defy stay-at-home orders and open their businesses because they – and their employees – need the income? The longer the shut-down continues, obviously the more Shelly Luthers there will be.
Below is a map identifying where each state currently stands with reopening:
The Supreme Court of Texas has ordered the release of Dallas salon owner, Shelly Luther, who was jailed for violating executive stay at home orders during the COVID-19 pandemic.
She’s currently in isolation and protective custody at the Lew Sterrett Justice Center in Dallas.
The jail is expected to release her Thursday afternoon.
Texas Governor Greg Abbott modified his executive orders and eliminated confinement as a punishment for violating the mandates.
(h/t The Dana in Kentucky)
–Dana
My state is still in the orange stage. Ironically, I heard from neighbors last week, and from another individual last night, that hair stylists have been making home visits to clients in my neighborhood.
Dana (0feb77) — 5/7/2020 @ 9:36 amPaxton told CBS 11 News there’s no action he can take beyond voicing his opinion as the state’s top attorney.
The piece is confusing, in that it implies Paxton and/or Abbott “ordered” her release. They apparently did not.
Ragspierre (d9bec9) — 5/7/2020 @ 10:07 amThe state Supreme Court has just ordered her release.
The Dana in Kentucky (408392) — 5/7/2020 @ 10:25 amGiven that then idiotic judge — who, were this 1773, would have met an unfortunate encounter with tar and feathers — sentenced her for civil and criminal contempt, I doubt that either Governor Abbot or Attorney General Paxton had the authority to order her release. It had to be a court superior to that of the judge who ordered her to prison.
The Dana in Kentucky (408392) — 5/7/2020 @ 10:29 am$500 is a civil fine, and it can be for simply violating the Governor’s order, even without a court-ordered cease and desist. The seven days in jail are for criminal contempt of court, for contumaciously defying the cease and desist, and they can go up to 180 days without right to a jury trial.
nk (1d9030) — 5/7/2020 @ 10:29 amThe better-looking Dana wrote:
How can there be any legal consequences for disobeying an unconstitutional order?
The executive orders are depriving people of their liberty and property without any due process of law. The people’s right to peaceable assembly is being violated.
The Dana in Kentucky (408392) — 5/7/2020 @ 10:32 amIn short, I’d agree with the politicians (i.e. Abbott and
nk (1d9030) — 5/7/2020 @ 10:33 amCostelloPaxton) looking forward to their reelection, if the lady had not given the figurative finger to the judge.A state district judge in Texas is…
1. elected (or appointed by the governor til an election), and
2. imbued with considerable power.
The judge here appears to have done EXACTLY what he was required to do by law.
If there is a fault here, it lies with Abbott. He’s the author of the orders in question.
Both he and Paxton are the ones playing politics, and neither had any business putting this out in public AND the press. That only served to undermine the whole legal system they are BOTH charged with protecting.
The State Supreme Court of Texas ONLY has authority to rule on civil matters. Criminal matters are heard by the Texas Court Of Criminal Appeals.
Ragspierre (d9bec9) — 5/7/2020 @ 10:38 amThe executive orders are depriving people of their liberty and property without any due process of law. The people’s right to peaceable assembly is being violated.
You keep chanting that BS, and it’s been refuted repeatedly. Every word is false.
Ragspierre (d9bec9) — 5/7/2020 @ 10:41 am“How can there be any legal consequences for disobeying an unconstitutional order?”
You’re begging the question.
Davethulhu (a122fb) — 5/7/2020 @ 10:42 am9. Really? People aren’t being deprived of their liberty without due process? People aren’t being deprived of their right to assemble? O_o
????
Gryph (08c844) — 5/7/2020 @ 10:43 amThe judge would have been better off threatening to suspend her state cosmetology license after salons and barber shops are allowed to reopen (this coming Friday) for every day she stayed open in violation of Abbott’s COVID-19 rules, than the action he did take. While Texas has not released any inmates from state prisons, Dallas County did release some of their jail inmates out of coronavirus fears, so the local optics here of freeing up bed space at the Dallas County Jail so Shelly Luther and others like her can be locked up isn’t likely to sit well with even a lot of the county’s D-majority residents.
John (c7bcb1) — 5/7/2020 @ 10:44 amThe judge would have been better off threatening to suspend her state cosmetology license after salons and barber shops are allowed to reopen…
That seem reasonable enough, but I can’t think of the authority under which that could be done.
She’d still lose the $$$ in either event.
Ragspierre (d9bec9) — 5/7/2020 @ 10:50 amPeople aren’t being deprived of their liberty without due process? People aren’t being deprived of their right to assemble?
No. They are not. Ms. Luther certainly got her due process, didn’t she? You just don’t like the law.
Ragspierre (d9bec9) — 5/7/2020 @ 10:52 amIt looks like a supervisory order from the Supreme Court in a civil case to me. Or would it be mandamus? Either way. Who has jurisdiction over those?
If instead of using the court’s inherent contempt power which he did, the judge had referred the case to the district attorney for prosecution under the criminal contempt statute, the Court of Criminal Appeals would have jurisdiction over the appeal of that case. There’s no question about that.
nk (1d9030) — 5/7/2020 @ 10:58 amI’ve updated the post with The Dana in Kentucky’s find at #3.
Dana (0feb77) — 5/7/2020 @ 11:05 amRagspierre wrote:
where, exactly, does one find the asterisk in the Constitution which specifies that a state or local government can suspend constitutional provisions due to an epidemic?
The only right subject to suspension is that of habeas corpus, and that only in times of rebellion or invasion; neither has occurred. How can Miss Luther have received due process for an offense against an unconstitutional order?
It seems that COVID-19 is trying to kill our Constitution . . . and a lot of conservatives here seem willing to go along with that.
The Dana in Kentucky (408392) — 5/7/2020 @ 11:12 amLuther violated an executive order, and it required the State Supreme Court to order her release. It seems ridiculous to sentence someone to jail when the jails are trying to release as many prisoners as possible to stem coronavirus outbreaks. But if a business owner is allowed to flagrantly defy the order, then what good is the order? What other options should the judge have used instead of jail and a fine? John @ 12 suggested that the county threaten to take her cosmetology license for every day she remained open before the official reopening date. That seems more reasonable to me than jailing her.
Dana (0feb77) — 5/7/2020 @ 11:14 amThe much nicer Dana wrote:
If the order itself is unconstitutional, it shouldn’t be any good at all.
The problem isn’t that Miss Luther violated the executive order; the problem is that there aren’t 10,000 more just like her.
The Dana in Kentucky (408392) — 5/7/2020 @ 11:18 amHow can Miss Luther have received due process for an offense against an unconstitutional order?
The order is constitutional. You just won’t admit you don’t have a clue about constitutional law, OR the history of this nation.
It seems that COVID-19 is trying to kill our Constitution . . . and a lot of conservatives here seem willing to go along with that.
The nutters here are a greater threat to the Constitution.
Ragspierre (d9bec9) — 5/7/2020 @ 11:19 amThat seems more reasonable to me than jailing her.
If it’s an available remedy. I don’t know that it is.
Ragspierre (d9bec9) — 5/7/2020 @ 11:22 amThe Dana in California wrote:
Which itself raises another issue: why should her business require a license in the first place? She isn’t a physician or engaged in some other profession which could endanger someone’s life or health. The worst thing she can do is give someone a bad haircut.
The Dana in Kentucky (408392) — 5/7/2020 @ 11:22 amWhich itself raises another issue: why should her business require a license in the first place?
Because the legislature of the state in which she practices made it so.
I’m not a fan of licensure laws generally, and have long advocated for certifications in their place (where justified at all).
If you want the laws in Texas changed, do something about it.
Ragspierre (d9bec9) — 5/7/2020 @ 11:27 amDoes anyone know if the funding sites can/do withhold transfer of funds to those who are convicted of an underlying crime due to the behavior(s) being supported by the folks contributing to the fund?
The Governor could have ended this instantly with a pardon, yes?
Did the prosecution offer a recommendation of sentence?
Can/did the judge order daily fines to continue? Can such fines continue upon the expiration of the order, which is scheduled for tomorrow, AFAIK?
Why is there only rare mention that she received some of the SBA subsidies DJT created? Starving kids, my butt.
The overall usurpation of rights, and the generalized willingness to hand them over, are outrageous. What a symptom of the mortal peril facing our republic. But, this judge did not act in a vacuum. Pogo tells us this is so.
Ed from SFV (a5877d) — 5/7/2020 @ 11:28 amThe judge here appears to have done EXACTLY what he was required to do by law.
Oh yes. These sort of strict by-the-book judges only go wobbly when it’s an immigration matter. Couldn’t Luther have been been whisked through a sneaky backdoor exit?
beer ‘n pretzels (ca0aeb) — 5/7/2020 @ 11:30 amThese sort of strict by-the-book judges only go wobbly when it’s an immigration matter.
Nice effort at deflection! Did the judge follow the law?
Ragspierre (d9bec9) — 5/7/2020 @ 11:34 amAP Exclusive: Justice Dept dropping Flynn’s criminal case
The Justice Department on Thursday said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for Trump and his supporters in attacking the FBI’s Russia investigation.
The move is a stunning reversal for one of the signature cases brought by special counsel Robert Mueller. It comes even though prosecutors for the last three years had maintained that Flynn had lied to the FBI about his conversations with the Russian ambassador in a January 2017 interview. Flynn himself admitted as much, and became a key cooperator for Mueller as he investigated ties between Russia and the 2016 Trump campaign.
RipMurdock (d2a2a8) — 5/7/2020 @ 11:37 amI have a question: was she jailed for contempt, or for violating the order. Because there would be a big difference there. Also, wouldn’t there be a big difference in what the governor and AG could do on her behalf?
Russ from Winterset (a48e87) — 5/7/2020 @ 12:02 pmBoy they announced it pretty openly, you’d think it would have been better to just ‘slip it in’ there somewhere.
harkin (8f4a6f) — 5/7/2020 @ 12:03 pm_
Mr Murdock wrote:
But, but, but, our host told us that Michael Flynn is guilty, guilty, guilty!
The Flynn case is a prime example of why you should never speak to law enforcement. “You have the right to remain silent,” we are supposed to be told, and that right should be used, every time, if law enforcement has the right to try to trip you up, get you to say something false, then prosecute you for that.
The Dana in Kentucky (408392) — 5/7/2020 @ 12:04 pmWhatever else is involved, I think we can all agree that putting her in jail when you are simultaneously releasing “real” criminals for fear of their catching the Wuhan Virus in jail is bad optics, at the very least?
Russ from Winterset (a48e87) — 5/7/2020 @ 12:06 pm@27 My observation at this point is that if I wanted to commit a crime than all I would need to do is contribute to Trumps re-election campaign and then spend a lot of time talking about how great he is. Then maybe I wouldn’t be prosecuted at all and even if I were convicted, I would be let off.
Nic (896fdf) — 5/7/2020 @ 12:06 pmI have a question: was she jailed for contempt, or for violating the order.
Dana’s piece says both civil and criminal contempt…which I read to have stemmed from her showing of contempt for both the order and the court.
Also, wouldn’t there be a big difference in what the governor and AG could do on her behalf?
Nope. Not in a Texas district court.
Ragspierre (d9bec9) — 5/7/2020 @ 12:09 pm“You have the right to remain silent,” we are supposed to be told…
Wrong AGAIN! Jeeebus, but you are a font of false information!
Ragspierre (d9bec9) — 5/7/2020 @ 12:12 pmBut, but, but, our host told us that Michael Flynn is guilty, guilty, guilty!
But he is.
Kishnevi (e89fd2) — 5/7/2020 @ 12:14 pmThe fact that the Justice Department has dropped the case for purely political reasons does not change that.
But, but, but, our host told us that Michael Flynn is guilty, guilty, guilty!
And Flynn agreed, agreed, AND agreed…under oath…in flucking open court…with his lawyer at his elbow.
Ragspierre (d9bec9) — 5/7/2020 @ 12:15 pmApparently, since Flynn already pled guilty, it’s not up to the DOJ anymore.
Davethulhu (a122fb) — 5/7/2020 @ 12:15 pm@35
Only if you refuse to consider the possibility that Flynn was railroaded…
whembly (c30c83) — 5/7/2020 @ 12:15 pmRagspierre, my non-lawyer impression is that if she is being jailed for violating the order, the gov or ag could possibly provide some relief. But contempt? Aren’t judges given a whole shitload of discretion there? My impression is that if you’re in for contempt, it’s solely up to that judge as to whether you do the time.
Russ from Winterset (a48e87) — 5/7/2020 @ 12:17 pm@36
Per AP:
whembly (c30c83) — 5/7/2020 @ 12:17 pmJensen: “Through the course of my review of General Flynn’s case, I concluded the proper and just course was to dismiss the case. I briefed Attorney General Barr on my findings, advised him on these conclusions, and he agreed.”
Only if you refuse to consider the possibility that Flynn was railroaded…
Or discount the Tooth Fairie hypothesis for some reason…
Ragspierre (d9bec9) — 5/7/2020 @ 12:17 pmThe Governor could have ended this instantly with a pardon, yes?
No. Texas governors do not have pardon power.
Moreover, you cannot pardon a continuing crime or an operating criminal enterprise. (Which is why it won’t do Trump any good to pardon himself and his family but that’s a different discussion.) The lady would have had to lock down or continue to be in contempt.
nk (1d9030) — 5/7/2020 @ 12:18 pm#38 I mean, I also have considered and dismissed the idea that Flynn has a previously unknown identical twin who was the one doing the talking and thus Flynn is innocent.
Nic (896fdf) — 5/7/2020 @ 12:24 pmOnly if you refuse to consider the possibility that Flynn was railroaded…
whembly (c30c83) — 5/7/2020 @ 12:15 pm
Flynn committed the crime he was accused of, and he did it because he was trying to hide actions that compromised national security.
That’s based on the facts that are publicly known and not disputed by either side.
Barr just wanted to save Trump the embarrassment of pardoning Trump.
Which is silly of Barr. Trump has no idea of how to be embarrassed.
Kishnevi (e89fd2) — 5/7/2020 @ 12:28 pmYour map is wrong: Arizona is in Partial Re-Opening.
Linus (8fb04b) — 5/7/2020 @ 12:29 pmAs for habeas corpus, the court already had her body. That’s what habeas corpus is. The court ordering someone holding someone else prisoner to bring the prisoner before the court and justify the imprisonment.
nk (1d9030) — 5/7/2020 @ 12:32 pmLess restrictive means like, say, a judge sending them a cease-and-desist letter?
Oh gee, it looks like they tried that.
Publicly tearing up an order from a judge is demonstrating open contempt for the rule of law, and should result in severe penalties as a deterrent to others.
That people defend this kind of lawlessness, and even cheer it on, is sickening.
Dave (1bb933) — 5/7/2020 @ 12:52 pmRe 22:…hot curlers, chemicals in dyes, and the largely out of fashion “perm” treatments…I wouldn’t say cause death, but if not done properly cause significant injury. Reopening and operating the physical shop, as opposed to “concierge” home visits, imply services beyond scissor trims (dont go there!) were being done by Ms. Luther.
urbanleftbehind (df7abf) — 5/7/2020 @ 1:03 pmCivil disobedience to unlawful acts is no longer proper to those who plead for totalitarianism in this “crisis.”
Why don’t you just turn the fire hoses on her?
NJRob (4d595c) — 5/7/2020 @ 1:09 pmCivil disobedience to unlawful acts is no longer proper to those who plead for totalitarianism in this “crisis.”
Nice gaslighting!
Actually, no. It’s disgusting gaslighting.
Civil disobedience is not about being a scofflaw. It’s the opposite, in fact. You directly confront the law and insist on it’s application to you.
Name someone who “pleads for totalitarianism”. Right now. Go!
And why “crisis” when the entire world recognizes it as a pandemic, including every government everywhere?
Why don’t you just turn the fire hoses on her?
Since you’ve left the rational, you should go full-tilt and suggest shooting her in the head…with bullets she paid for.
Ragspierre (d9bec9) — 5/7/2020 @ 1:46 pm“Civil disobedience to unlawful acts is no longer proper to those who plead for totalitarianism in this “crisis.”
Why don’t you just turn the fire hoses on her?”
What does this rant have to do with the post you quoted?
Davethulhu (a122fb) — 5/7/2020 @ 1:50 pmNo it doesn’t Davethulhu. I was going to ask you about the Obama DOJ dropping the case against the Black Panthers after they already pled guilty, but changed my mind.
Forgot to delete the quote.
NJRob (4d595c) — 5/7/2020 @ 1:56 pmRagspierre wrote:
OK, I’ll name Ragspierre!
He has supported state governors issuing executive orders which ban the peaceable assembly of Americans, which have banned church services, which have had, in the Bluegrass State, the Reichsstatthalter sending the Geheime Staatspolizei to church parking lots to record license numbers of cars therein, in order to order those people into two weeks of house arrest, and which have deprived people of their liberty and property without any due process of law.
Now, have I misrepresented the things you have supported in any way?
The Dana in Kentucky (408392) — 5/7/2020 @ 2:57 pmRagspierre wrote:
So, you are saying that we don’t have the right to remain silent?
The Dana in Kentucky (408392) — 5/7/2020 @ 3:01 pmNow, have I misrepresented the things you have supported in any way?
Of course you have. It’s what you DO!
I have, in fact, taken the opposite position right here, and more than once. I’d say those are lies and you’re a liar, but that kind of direct statement is considered an “insult”.
Ragspierre (d9bec9) — 5/7/2020 @ 3:03 pm“You have the right to remain silent,” we are supposed to be told…
Who is “supposed” to tell you that?
When are they “supposed” to tell you?
Under what specific circumstances are you “told” that?
What happens if you are not “told” that?
Ragspierre (d9bec9) — 5/7/2020 @ 3:06 pmI heard that Shelly Luther’s GoFundMe page received over $500,000 in donations.
Gawain's Ghost (b25cd1) — 5/7/2020 @ 3:12 pmShe should pay back the SBA, and pay all her stylists full back wages…after paying her fines.
Ragspierre (d9bec9) — 5/7/2020 @ 3:15 pm