Should Gov. Abbott pardon the Dallas salon owner sentenced to jail for opening her doors?

The week began with a buzz of anticipation over whether Dallas salon owner Shelley Luther would be arrested for keeping her business open in violation of a Dallas County order.

By Tuesday, Gov. Greg Abbott had green-lighted salons to open on Friday. But moments after that announcement, Luther was in District Judge Eric Moyé’s courtroom getting a stern scolding. He offered to limit her punishment to a fine if she would close the salon, publicly admit the error of her ways, and as a flourish, apologize to the government officials she had so offended.

She replied that she respected the court, but that she and her stylists were being denied a basic right to work, based on her observation that from retail to restaurants, the public was being allowed close proximity to a wide cross-section of workers in far less-regulated  environments.

Reaction was swift, most of it predictable. Supporters of longer shutdowns accused her of grandstanding; advocates for broader reopening found her resistance heroic. But there was nuance to be found. I spoke with many of her fans willing to accept some level of consequence for her thwarting of a restraining order, and with critics who found a jail term harsh.

Notable conservatives were ignited, supporting Luther on principle and disapproving what struck them as judicial overreach. “This is NUTS,” tweeted Senator Ted Cruz. Rep. Chip Roy, R-Austin, called on barbers and stylists to open immediately in solidarity. Lt. Gov. Dan Patrick offered to pay her fines and even serve time in house arrest on her behalf.

But the leader most closely watched Wednesday was Abbott, who heard broad calls for a pardon. He told me he found Moyé’s seven-day sentence “bizarre,” in light of current Dallas County pandemic policy to avoid jail overcrowding, as well as last year’s policy from District Attorney John Creuzot waving off prosecutions for many thefts under $750.

“If that is their policy with regard to real criminals,” he told me, “why in the world would they be putting this woman behind bars?”

While the governor encouraged compliance with local orders, he stressed continuing disapproval of jailing offenders, citing his public stance against a Harris County plan to arrest people for not wearing masks.

I asked about the possibility of a pardon. He voiced willingness to weigh it, but predicted Moyé would have a change of heart.

“I fully expect that when Friday rolls around, when my new order goes into place, Ms. Luther will be in her salon.”

Hours after the judge announced his decision, I asked Abbott what might spark an epiphany.

“It is abundantly clear, and I think the judge will see this, as he is able to reflect in a calmer moment, that what he did was excessive, especially in light of the public standards established by Dallas County.”

Attorney General Ken Paxton wrote to Moyé, calling his sentence “significantly overbroad,” adding: “Your actions abused your discretion … the Court should immediately reconsider its order and release Ms. Luther from confinement.”

This degree of rebuke from Austin is a large bat to swing. But such red-state-flavored disapproval lands in a court that serves the blue enclave of Dallas County, where a majority of voters may be inclined to favor the restrictive instincts of County Judge Clay Jenkins over the economic activism of Shelley Luther.

It will be riveting to see which audience Moyé chooses to accommodate.