Book: Business its legal, ethical, and global environment, 12th edition Marianne M. Jennings

COVID-19Lockouts andBusinessCivil Disobedience

Because of the rapid spread of the coronavirus (COVID-19), the governors in a majority of the states imposed lockdowns onbusinessoperations. Thosebusinesses that provided essential services could continue operating, but nonessentialbusinesses could not continue operations unless employees were able to work from their homes. The economic impact, particularly on employees and smallbusinesses, was devastating. A handful ofbusinessoperators in the lockdown states felt that they could operate theirbusinesses safely without risking infection to their customers. For example, Shelley Luther, the owner of Salon A La Mode in Houston, Texas, defied the executive order of Governor Greg Abbott that did not permit hair salons to open. She was cited for violation of the governor's order, received multiple cease-and-desist orders from a state court, and refused to shut down. She explained, "I'll go to jail to prove what they're doing is unconstitutional."

Ms. Luther was arrested, and when she came before the judge, he told her that if she would apologize, he would not send her to jail. Ms. Luther refused to apologize and explained, with all due respect given to Judge Eric Moy, that she and her hairdressers were just trying to work to feed their children. Judge Moy labeled Ms. Luther "selfish" and sentenced her to one week in jail and a fine of $7,000.

Lt. Governor Dan Patrick paid Ms. Luther's fine himself. Attorney General Ken Paxton asked the Texas Supreme Court to intervene. The court ordered Ms. Luther released from jail because of the lack of authority to enforce executive orders by criminal punishment. Governor Abbott issued a follow-up executive order that prohibited jail time for those who violate the lockdown order. Senator Ted Cruz of Texas was Ms. Luther's first customer when she returned to her salon.

The American Board of Trial Advocates issued a statement supporting Judge Moy's actions: "As Judge Moy rightly noted, if any citizen orbusinesscould violate those orders or, for that matter, any law as they saw fit, then no rule of law would exist and anarchy would prevail.Businesses might feel free to ignore health codes. . . . This must never be the case."

Discuss the risks of using civil disobedience as abusinessstrategy. Think about jurisprudence, executive orders, civil versus criminal law, and the role of the courts.