COLUMBIA — The state's highest court will hear two cases Aug. 31 that could decide the future of mask requirements in South Carolina's schools as COVID-19 cases continue to rise.
S.C. Attorney General Alan Wilson will argue before the S.C. Supreme Court that a city of Columbia school mask mandate violates state law and should be struck down in a hearing at 10 a.m.
Richland County and the Charleston County School District also passed school mask requirements, though Charleston will not penalize students for refusing to wear one.
After Wilson's case, justices will then hear immediately from Richland School District Two and an Orangeburg family in their request to strike down the state provision that blocks school mask mandates, or to allow current mask requirements to continue until a decision on the legality of the state law.
Wilson's lawsuit against Columbia asks the justices to find that any such mask requirements passed or considered by local governments and school districts throughout the state be determined unlawful based on provisions lawmakers included in the state budget that took effect July 1.
The one-year ban prevents school districts from using state and federal funds authorized by the Legislature to impose or enforce masks. Districts have been warned that defying the law puts their funds at risk.
"Conflicting local and state mask requirements place Richland Two in an untenable position," Richland Two Superintendent Baron Davis wrote to the court. "As an instructional leader, and role model for young women and men who are encouraged to both care for each other and obey the law, I am in need of guidance on Richland Two's options and obligations regarding face coverings and virtual teaching."
In Richland Two's case, the state's fifth-largest school district, along with an Orangeburg mother and her children, asks the court to find that the state's ban on school mask mandates violates students' right in the state constitution to a free education. State public health leaders and S.C. Education Superintendent Molly Spearman have backed letting districts choose to impose mask rules.
The Richland Two case filing also asks the Supreme Court to strike down a state budget measure that caps the number of students in a district that can attend virtual classes at 5 percent. Exceeding the cap would result in districts losing state funding.
The city of Columbia has maintained that its school mask requirement doesn't run afoul of state law and was necessary because of state officials' failure to act as the pandemic rages on in the state.
State health officials announced 6,697 new COVID-19 cases, 39 deaths and a 14.3 percent percent positive rate Aug. 27.
The Municipal Association of South Carolina, S.C. Education Association and city of Charleston each filed briefs with the Supreme Court largely supporting Columbia's position and local authority to impose such a requirement.
The Municipal Association, a nonpartisan organization that advocates for cities and towns throughout the state, said in its court filing that local mask mandates don't conflict with any state emergency orders.
Charleston attorneys argued Wilson's request to nullify school mask mandates would keep cities from being able to protect children not yet eligible for the vaccine as the delta variant drives new cases. The decision would also affect operations of the Medical University of South Carolina and other hospitals and negatively impact the city's tourism industry, the brief argued.
"If granted, the State’s request has a far-reaching and dangerous effect on cities like Charleston," the city's attorneys wrote.
The Charleston County School District on Aug. 16 — two days before the start of the school year — voted to direct district staff to require masks for students, employees and visitors while they are inside schools until Oct. 15.
Charleston City Council considered a mask mandate on Aug. 17 for all adults and children over 2 years old “in all public facilities, including public schools, private schools and daycares.” But after attempts to include exceptions for Berkeley County schools and private schools, the measure fell short of the required two-thirds vote.
Wilson's lawsuit said he doesn't question the effectiveness or wisdom of masks but that the issue is a strict matter of law. Wilson also argued that Columbia exceeded city authority in imposing rules on schools.
State public health officials have said all schools should require face coverings indoors and implored lawmakers to return to the Legislature for a special session to overturn the mask- requirement ban.
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SC Supreme Court will hear 2 school mask cases back-to-back Tuesday - Charleston Post Courier
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