Federal judge rules against South Carolina school mask blocking proviso

(The Center Square) – A federal judge has granted a temporary restraining order and preliminary injunction blocking South Carolina from enforcing a proviso preventing school districts from creating and enforcing mask mandates in schools.

The proviso, attached to this year’s state budget, said school districts could not use state funds to enforce such a mandate as a COVID-19 mitigation effort.

As has happened in similar rulings in nearby states such as Tennessee, U.S. District Judge Mary Geiger Lewis ruled Tuesday in favor of the lawsuit, which was filed on behalf of disabled students, saying the proviso prevents those students from being properly protected under the Americans with Disabilities Act.

“We disagree with the judge’s position and we plan to appeal” said South Carolina Attorney General Alan Wilson, a defendant in the case along with Gov. Henry McMaster.

The plaintiffs had conditions including asthma, congenital myopathy, Renpenning syndrome, autism and weakened immune systems. All of the conditions are factors the Centers for Disease Control and Prevention have identified as factors for severe COVID-19 infections.

“This case presents a legal question, not a political one,” Lewis wrote in her ruling. “And, the question is quite simple: whether the Court will allow Defendants to continue to discriminate against the minor plaintiffs here based on their disabilities. The answer is, of course, a resounding “No!” As such, the Court has concluded Proviso 1.108 is illiegal.”

In arguments regarding the stipulations of a restraining order, the plaintiffs argued South Carolina has the third-highest proportion of pediatric COVID-19 cases in the U.S. In turn, McMaster and Wilson argued six children age 10 and under have died from COVID-19 and 12 between age 10 and 20 while there were 54,000 and 115,000 COVID-19 cases, respectively, in those categories.

The court ruled death was not the only “irreparable harm” that could occur from the case.

McMaster and Wilson claimed in the case that asking all school children to wear masks is an unreasonable modification. The court disagreed.

“This is not a close call,” Lewis’ ruling read. “The General Assembly’s COVID measures disallowing school districts from mandating masks, as found in Proviso 1.108, discriminates against children with disabilities. Thus, with this Order, the Court will enjoin its enforcement.”

The Charleston County School District, which recently began enforcing a school mask mandate despite the proviso, said it would be using reserve funds to pay for enforcement and not state appropriations from this school year.

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