DALLAS – Two days after being sentenced, the Texas Supreme Court has ordered the release of Shelly Luther, a salon owner who was jailed for opening her business and violating an executive stay-at-home order.
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 sentenced Luther to seven days in jail and handed her a fine of $7,000.
Both Gov. Greg Abbott and Attorney General Ken Paxton leapt to Luther’s defense.
“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 in a letter to the judge.
“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.”
Businesses such as Luther’s were allowed to reopen on May 8.
Because of Judge Moye’s actions, Abbott eliminated confinement as a punishment for violating his executive order. The modifications are being applied retroactively.
Paxton has publically applauded the decision.
“I applaud Gov. Abbott’s decision to ensure that penalties for violating public health orders are reasonable and not excessive. All Texans are trying to get through this crisis together and no one should be put in jail unnecessarily,” said Paxton.
“The cases of salon owner, Shelley Luther, and Ana Isabel Castro-Garcia and Brenda Stephanie Mata in Laredo are prime examples. No Texan should face jail time for resisting an order that temporarily closes a lawful business in an attempt to feed their families.”