The Texas Supreme Court voided the restraining order barring salon owner Shelley Luther from operating her business, Salon À la mode.
“We now conclude that the temporary restraining order failed to set forth the conduct required and the legal basis for its issuance in clear, specific, and unambiguous terms,” the ruling read. “Accordingly, we hold that the temporary restraining order was void, making the Contempt Judgment based on that order void as well.”
While the court might have voided the ruling, their reasoning was not because of the defense given by Luther that barring her from work was “unconstitutional.”
“Luther petitioned this Court, arguing she was illegally restrained because the temporary restraining order was void and unconstitutional,” the ruling read.
Instead, the court’s restraining order given to Luther in the first ruling in May 2020 lacked specificity, the court ruled.
“We hold that the temporary restraining order’s lack of specificity regarding the conduct to be restrained renders it and the Judgment of Contempt and Order of Confinement void,” according to the ruling.
According to The Hill, Luther sent out a press release praising the court’s decision and her lawyer Warren Norred.
“To say we are pleased with the court’s ruling is an understatement,” she wrote. “We could not have prevailed without our attorney Warren Norred’s relentless pursuit of justice.”
Dallas Judge Eric Moye, who first decided Luther’s case, said he would not send Luther to jail if she admitted keeping her salon open was selfish.
“I have to disagree with you sir,” Luther stated. “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 you decision, but I am not going to shut the salon.”
Source: Newmax
