This article, (Part 1 opened the discussion yesterday on the civil rights implications of some government reactions to COVID) was provided exclusively to the New York Analysis of Policy and Government by the distinguished Judge John H. Wilson (ret.)
Maybe you have noticed that with the exception of Governor DeWine of Ohio, the vast, overwhelming majority of those governors involved in violating the first amendment rights of their residents are Democrats. We could speculate on the reasons for this – a belief in totalitarianism that usually pervades the left, or an elitist conception that as leaders of society, they inherently know what is best for the rest of us, or even possibly justifiable, yet cynical fears of being blamed politically if the virus causes too many illnesses and deaths “on their watch” – but such speculation is unnecessary. It is a matter of empirical evidence that in most instances, Republican state and local officials are more likely to be protective of individual rights than are Democrats.
To put as fine a point on this proposition as possible, witness recent events in Texas. There, the owner of Salon A in Dallas, Shelley Luther, dared to open her business in violation of the stay at home order of the local Dallas County Commission. Dallas County had extended their order past the deadline set by Governor Greg Abbott (Republican) for reopening businesses across the state of Texas. Ms Luther found herself charged with the violation of that local order. Judge Eric Moye’, who is described by the Dallas News as “a Democrat elected to the 14th District Court in 2008,” issued both a $7,000 fine and a temporary restraining order against Ms Luther. When Ms Luther opened her business anyway, Judge Moye’ demanded she apologize for her “selfishness.” When she refused, Ms Luther was found in contempt, and sentenced to 7 days in jail.
During her refusal to apologize, Ms Luther described her reasons to violate the judge’s order – “I have to disagree with you, sir,” she said, “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.”
Local Democratic officials were quick to support Judge Moye’. Texas State Representative Rafael Anchia, for instance, said Judge Moye’ was fair, but “he also leans into doing his job.” (Quick aside – when was the last time a Republican was described as “leaning in” to their work? Isn’t that just another way to say, “activist judge?”) But Republican legislators were just as quick to side with Ms Luther. Republican Texas Attorney General Ken Paxton stated, “I find it outrageous and out of touch that during this national pandemic, a judge … would jail a mother for operating her hair salon in an attempt to put food on her family’s table,” while Republican Texas Governor Greg Abbott “issued a statement saying he disagreed ‘with the excessive action‘ by the judge — and suggested that ‘there are less restrictive means’ than jailing Luther while ensuring public safety during the outbreak.”
While discussing Ms Luther’s treatment, Governor Abbott also made a very important point on the Sean Hannity Show – While Ms Luther was incarcerated by a Dallas County judge, “The Dallas County district attorney announced a policy that he is not going to prosecute any thief who steals things valued at less than $750. At the same time, authorities in Dallas are talking about releasing inmates from prison or jail because of the possibility of contracting COVID-19.”
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Within a day of Judge Moye’s order, Ms Luther was freed by order of the Texas Supreme Court. At the same time, Governor Abbott issued another Executive Order removing incarceration as a penalty for violations of social distancing orders, whether his or those issued by local authorities.
We, as citizens and residents of the United States, must be ever vigilant, and ever ready to assert and protect our rights. Like Ms Luther, we must be willing to stand up to petty tyrants and their authoritarian overreaches. In most cases, from the evidence gathered here, one party is more likely to stand with us – the Republican party.
John H. Wilson is a former Criminal Court Judge from New York City. He currently works as a Mediator for First Court.
Illustration: Pixabay
