Salon owner argues COVID-19 shutdown violates her religious rights, Wisconsin suit says

A Wisconsin hair salon owner is suing over the state’s coronavirus shutdown order that closed her business, arguing it violates her freedom of religion and other constitutional rights.

Jessica Netzel, the owner of Kingdom Kuts in Appleton, was issued a cease and desist warning threatening criminal charges if she continued to violate a COVID-19 emergency order by Gov. Tony Evers, according to the lawsuit. Hair salons, barbershops and other businesses deemed non-essential have been closed by public health authorities to prevent spread of the virus.

However, the lawsuit filed Tuesday describes Netzel’s hair salon as a faith-based business that serves as a ministry with references to Scripture placed about the establishment. Netzel’s religion calls for “gathering in His name” during “times of peril and crisis,” the lawsuit says.

“Ms. Netzel sincerely believes that she is to share her faith with others through her work at Kingdom Kuts,” the lawsuit says.

The governor’s office and Appleton Police Department did not immediately respond to a request for comment Tuesday evening from McClatchy News.

The salon posted this message to Facebook on May 6.

On the same day, police officers arrived at the Kingdom Kuts to notify Netzel that she was violating the governor’s orders, warning her she could be jailed, fined and lose her license, according to the lawsuit. The police department issued a cease and desist letter a day later, the lawsuit says.

The lawsuit argues that the governor’s order allows people to gather for non-religious or non-political purposes at Home Depot and Walmart or liquor stores and tobacco shops while threatening to imprison people for exercising their constitutional rights.

Additionally, the governor’s orders allowing some small business to reopen on Monday do not include religious organizations, faith groups and certain small business, including salons, according to the lawsuit.

“The orders, on their face and as applied, impermissibly burden (Netzel’s) sincerely held religious beliefs, compel (her) to either change her beliefs or to act against them, and force (her) to choose between the teachings and requirements of her sincerely held religious beliefs and the obedience of the orders,” the lawsuit says.

The lawsuit seeks a temporary restraining order to stop the state and police from enforcing the orders, halt them from infringing on constitutional rights, and treat Netzel’s faith-based gatherings equally to other “essential” businesses and “non-religious entities.”

In Dallas, a salon owner defied coronavirus shutdown orders and a judge sentenced her to seven days in jail, McClatchy reported. She was released from jail after a Texas Supreme Court order, and U.S. Sen Ted Cruz got a haircut at the business last week, the Fort Worth Star-Telegram reported.

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