The Texas Supreme Court ordered the release today of a salon owner from Dallas who was imprisoned after reopening her salon so that she could produce income to help feed her children.

The Supreme Court ordered for salon owner Shelley Luther to be released just after Governor Gregg Abbott signed an executive order retroactively eliminating jail time as a consequence for breaking the state’s COVID-19 restrictions. Her attorney told Fox News that it is not yet known when exactly Luther will be freed from jail.

“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 on Thursday. “That is why I am modifying my executive orders to ensure confinement is not a punishment for violating an order. This order is retroactive to April 2nd, supersedes local orders and if correctly applied should free Shelley Luther.”

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This came one day after Texas Attorney General Ken Paxton and Lieutenant Governor Dan Patrick each called for the release of Luther, who was sent to jail by Dallas County District Court Judge Eric Moyé, who they said abused his power because she had only reopened her business to help feed her family.

“As a mother, Ms. Luther wanted to feed her children,” Paxton said in a letter to the judge asking him to free her. “As a small business owner, she wanted to help her employees feed their children. Needless to say, these are laudable goals that warrant the exercise of enforcement discretion.”

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Paxton has already spoken out to praise Abbott for his executive order. “I applaud Gov. Abbott’s decision to ensure that penalties for violating public health orders are reasonable and not excessive,” he said. “All Texans are trying to get through this crisis together and no one should be put in jail unnecessarily.”

Abbott also defended his executive order by pointing out that business owners should not be jailed while criminals are being released as the state tries to reduce prison populations. “It may also ensure that other Texans like Ana Isabel Castro-Garcia and Brenda Stephanie Mata who were arrested in Laredo, should not be subject to confinement,” Abbott said of the order. “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.”

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Luther had refused to apologize to the judge for reopening her salon when he sentenced her in court. “I have to disagree with you, sir, when you say that I’m selfish because feeding my kids is not selfish,” she told him. “I have hairstylists that are going hungry because they would rather feed their kids. So sir, if you think the law is more important than kids getting fed, then please go ahead with your decision. But I am not going to shut the salon.”

This piece was written by PoliZette Staff on May 7, 2020. It originally appeared in LifeZette and is used by permission.

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