In re Salon
| Decision Date | 05 May 2020 |
| Docket Number | No. 20-0340,20-0340 |
| Parties | IN RE SALON A LA MODE, et al. |
| Court | Texas Supreme Court |
Warren Norred, Christopher Lampe, Arlington, Briscoe Cain III, for Relators All Vapes, LLC, Outlaw Motorplex, LLC, The Cutting Edge, Chaikong Jiu-Jitsu and MMA, JM Wilson Enterprises LLC, Tribal Vapor, LLC, Mega Vape, LLC, Stroud's Fitness, Inc., Salon A La Mode, Alan S. Snider, David Watts.
Clinton Jerrod Davis, Athens, for Respondent Wade McKinney.
John Coleman Creuzot, Dallas, for Respondent Clay Jenkins.
Deborah L. Klein, San Antonio, for Respondent Ron Nirenberg.
Sharen Wilson, for Respondent Glen Whitley.
Benjamin Richard Smith, Colorado City, for Respondent Don Hicks.
Stanley Earl Smith, Breckenridge, for Respondent Anthony Williams.
Erleigh Norville Wiley, for Respondent Sarah Curtis.
Bryan Guymon, for Respondent Tony Wofford.
Charles Steven Estee, Dallas, for Respondent Eric Johnson.
John F. Boyle Jr., Irving, for Respondent Henry Wilson.
Jacob Putman, for Respondent Nathaniel Moran.
Frederick Wayne ‘Fritz’ Quast, Fort Worth, for Respondent Scott Cain.
Petition for writ of mandamus denied.
Justice Blacklock, joined by Justice Guzman, Justice Boyd, and Justice Devine, concurring in the denial of the petition for writ of mandamus.
"The Constitution is not suspended when the government declares a state of disaster." In re Abbott , No. 20-0291, 601 S.W.3d 802, 805 (Tex. Apr. 23, 2020). All government power in this country, no matter how well-intentioned, derives only from the state and federal constitutions. Government power cannot be exercised in conflict with these constitutions, even in a pandemic.
In the weeks since American governments began taking emergency measures in response to the coronavirus, the sovereign people of this country have graciously and peacefully endured a suspension of their civil liberties without precedent in our nation's history. In some parts of the country, churches have been closed by government decree, although Texas is a welcome exception. Nearly everywhere, the First Amendment "right of the people to peaceably assemble" has been suspended altogether. U.S. Const. amend. I. In many places, people are forbidden to leave their homes without a government-approved reason. Tens of millions can no longer earn a living because the government has declared their employers or their businesses " ‘non-essential.’ "
Those who object to these restrictions should remember they were imposed by duly elected officials, vested by statute with broad emergency powers, who must make difficult decisions under difficult circumstances. At the same time, all of us—the judiciary, the other branches of government, and our fellow citizens—must insist that every action our governments take complies with the Constitution, especially now. If we tolerate unconstitutional government orders during an emergency, whether out of expediency or fear, we abandon the Constitution at the moment we need it most.
Any government that has made the grave decision to suspend the liberties of a free people during a health emergency should welcome the opportunity to demonstrate—both to its citizens and to the courts—that its chosen measures are absolutely...
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