A Dallas salon owner was sentenced to seven days in jail after refusing to close down her business despite receiving a citation, a restraining order, and a cease-and-desist notice, according to the Texas Tribune.
Salon a la Mode owner Shelley Luther responded by saying she needed to open out of necessity.
“I have no choice. I need to feed my family, and my stylists could not feed their families,” Luther said.
Dallas Civil District Judge Eric Moyé also tacked on thousands of dollars in fines for violating the shelter-in-place orders.
Luther reopened Thursday, though Texas officials had mandated that non-essential businesses remain closed due to the coronavirus pandemic.
Governor Greg Abbott announced Tuesday that salons will be allowed to reopen on Friday. Luther has been operating her salon ahead of that order.
The judge heard testimonies from code inspectors and police officers in the area who said they witnessed clients inside the salon getting haircuts and manicures over the period of a week despite Moyé's rulings.
Dallas attorneys argued that Luther willingly and flagrantly violated the shelter-in-place order.
Luther noted that she had received a loan from the federal government, but it is uncertain that the loan could have covered all the expenses required to keep the business going.
The judge is reported to have become upset after being interrupted twice after having to ask Luther’s attorney to sit down.
Texas Congressman Dan Crenshaw took to Twitter to state his belief that, "These punishments are NOT just. They are not reasonable. Small-minded 'leaders' across the country have become drunk with power."
In her testimony, Luther said "Judge I would like to say that I have much respect for this court and laws. And that I've 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 your decision but I am not going to shut the salon."
Dallas attorneys argued that it did not matter what the reason was for Luther keeping her business open—it only mattered that she violated the temporary restraining order.
Moyé asked Luther directly if she was still operating her business.
“Yes, partially," Luther said.
Moyé informed Luther that she was both criminally and civilly in violation of his order.
He continued by saying Luther was not allowed to take matters into her own hands just because she decided that’s what she wanted to do.
“The rule of law governs us. People cannot take it upon themselves to determine what they will and will not do,” said Moyé.
Moyé did not indicate how Luther or her employees should cover their costs or provide for their families.
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