COLUMBIA, S.C. — The South Carolina Supreme Court, on Thursday, the state's proviso banning mask mandates in schools constitutional.
The ruling was on a case brought by Richland County School District Two and a parent on behalf of her three children. It also comes just two days after a federal judge in the United States District Court for the District of South Carolina ruled Proviso 1.108 discriminated against children with disabilities.
On Tuesday, U.S. District Judge Mary Geiger Lewis issued a temporary restraining order and a preliminary injunction prohibiting the enforcement of Proviso 1.108. Based on the federal court's action, Richland Two enacted a mandate requiring students and employees to wear face coverings in schools beginning Sept. 30.
Despite the State Supreme Court's actions Thursday morning, Richland Two will enact its mask mandate.
Richland School District Two Superintendent Dr. Baron R. Davis released a statement Thursday afternoon citing both the U.S. District Court and the South Carolina Supreme Court's opinion stating:
After consulting with legal counsel regarding today’s S.C. Supreme Court ruling and the ruling issued by U.S. District Judge Mary Geiger Lewis, Richland School District Two administration will continue to follow the guidance of the Centers for Disease Control and Prevention (CDC), S.C. Department of Health and Environmental Control (DHEC) and the S.C. Department of Education (SDE) by requiring face coverings as outlined in Richland Two Administrative Rule ADD.”
The district's statement went on to say that:
The S.C. Supreme Court ruled that Proviso 1.108 is constitutional with regard to using 2021–2022 state appropriated funds to enforce a mask mandate. However, it did not refute that other funds (e.g., federal funding or non-2021–2022 state-appropriated funding) could be used.
The complete statement is attached below.