https://www.statesman.com/news/20200507/texas-supreme-court-orders-jailed-salon-owner-released

The Texas Supreme Court on Thursday ordered Dallas County officials to free salon owner Shelley Luther from jail while its nine judges, all Republicans, weigh an appeal challenging her incarceration as improper.

The emergency order directed county officials to release Luther on a personal bond, with no money required, "pending final disposition of her case."

County officials also were ordered to file a response to the challenge by 4 p.m. Monday, the same day Luther's weeklong sentence for contempt of court would have ended.

The order came shortly after Gov. Greg Abbott, seeking to end a political firestorm over Luther's jailing, announced Thursday that local officials will be prohibited from jailing Texans for violating any of his numerous coronavirus-related executive orders.

"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. "That is why I am modifying my executive orders to ensure confinement is not a punishment for violating an order."

Abbott said this latest executive order, "if correctly applied," should free Luther and protect two Laredo women arrested and charged for offering beauty and cosmetic services from their

But it was Luther who caught the attention of three of the state's top Republicans — Abbott, Lt. Gov. Dan Patrick and Attorney General Ken Paxton.

Luther, who opened Salon à la Mode nearly two weeks ago, was found in contempt for ignoring a court order to close from state District Judge Eric Moyé, who sentenced her to seven days in Dallas County jail Tuesday and hit her with a $7,000 fine.

The petition challenging Luther's incarceration, filed Wednesday by lawyers who included state Rep. Briscoe Cain, R-Deer Park, argued that she was exercising her right to run a business in ways that protected customer health by, among other steps, requiring stylists to wear face coverings, seating patrons 6 feet apart and sanitizing regularly touched surfaces.

"There is no evidence that her business posed any greater risk to the public than businesses being allowed to operate, such as movie theaters, day cares, and home improvement stores," the Supreme Court petition said.

The fine and jail sentence came as barbershops and hair salons were allowed to reopen Friday under an executive order issued Tuesday by Abbott. Under Abbott's previous stay-at-home order, issued in March, salons and other nonessential businesses were required to close.