Skip to comments.Texas Supreme Court orders release of jailed salon owner who illegally reopened
Posted on 05/07/2020 12:56:09 PM PDT by NohSpinZone
A Texas salon owner who was sent to jail for seven days for violating the state's stay-at-home order during Covid-19 has been released after the Supreme Court of Texas' ruling Thursday.
On Tuesday, Shelley Luther was found in civil and criminal contempt of court in Dallas for ignoring a temporary restraining order prohibiting her from operating her business, Salon A la Mode, according to a court document.
As a result, Dallas Civil District Judge Eric Moyé ordered Luther to seven days in jail and fined her $500 for every day the salon stayed open.
Luther was taken into custody Wednesday.
(Excerpt) Read more at cnn.com ...
But has she actually been released yet?
mods, I posted the wrong title. It should be:
“Texas salon owner who defied state order to close for coronavirus has been released from jail”
Not good enough. The judge should be jailed for his insubordination to the Constitution and for being a poor human being.
No, she will be released at 4:00 CT. Of course the Sheriff can release her earlier, but that almost never happens.
That is a bit more than an hour ago.
Nice to see some common sense applying.
Kind of harsh considering he was just following the punishment laid out in Abbot's original EO.
Abbot retroactively modified the EO to eliminate confinement as a punishment.
Would it have been better if the judge just said "screw the law, I don't think this is fair"?
Released at 1:50 p.m. - Someone needs to go after Eric Moye for incompetence or run against him. This can not stand.
More likely reacting to the backlash.
Someone is running against him.
Dallas: Jessica Voyce Lewis (running against Justice Eroc Moye)
Read all of the comments, on that thread, to get a better understanding of the situation.
She’s now $500,000 richer!
Definition: Executive Order - a rule or order issued by the president to an executive branch of the government and having the force of law.
I dont think a president or governor can willy-nilly make an executive order that applies to the citizens. That is what the legislatures are supposed to be for.
Now if a law has been passed ahead of time that defines the powers of the executive officer (president or governor) then he can issue orders within those bounds.
As soon as the jailers find the key to her cell; seems it might have gone missing?? /sarc
That's right, and I'm no expert in Texas law but Abbot chaims that's exactly what's going on here. From his original EO:
"WHEREAS, under the Texas Disaster Act of 1975, [t]he governor is responsible for meeting . . . the dangers to the state and people presented by disasters (Section 418.001 of the Texas Government Code), and the legislature has given the governor broad authority to fulfill that responsibility."
I wonder if the thugocracy had time to infect her with COVID-19 that they can later blame on her for opening her business?
Thats a very dangerous wording. But I've seen it used elsewhere dangerously as well. Courts in child custody have "broad authority" or "great discretion" which has been often abused.
Obama appointed Judge.
The Texas Supreme Court just b*tch slapped the judge.
So did the executive order specifically define the punishment? It was my understanding that the sentence was presented as a choice by the judge that she must apologize and admit she was being selfish or go to jail for 7 days. Never heard of such a sentence before, have you?
Maybe Gov Abbott never dreamed a judge would misconstrue the intention of the order in such a perverse fashion.