AUSTIN – Attorney General Ken Paxton today sent a letter to a Dallas County judge, stating that he abused his authority by putting Shelley Luther, owner of a hair salon, in jail for opening her salon to feed her family.
On May 5, Judge Eric Moye found Luther operated her hair salon in violation of Gov. Greg Abbott’s stay-at home executive order, sentencing her to seven days in jail and levying a $7,000 fine.
“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,” said Paxton.
“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 sent Judge Moye, who presides over the 14th Civil District Court, a letter stating that under the governor’s new order Luther is allowed to open her business on May 8.
“Recent events have been trying for everybody, both everyday Texans and those involved in our justice system,” the letter states. “That is why the Dallas County Sheriff recently ‘request[ed] that local arresting agencies exercise their discretion to bring fewer people to jail.’
“Exercising similar discretion here, the Court should recognize that confinement is not needed in this case.”
Luther’s punishment has sparked a social media firestorm and roused some groups into taking action.
Empower Texans has started a petition asking Abbott to pardon Luther.
Publically, Abbott has already joined Paxton in “disagreeing with the excessive action take by the Dallas Judge.”