Federal judge temporarily blocks ban on mask mandates in S.C. schools

CHARLESTON, S.C. (WCSC) - The state law that keeps South Carolina school districts from implementing mask mandates in their schools was temporarily blocked by a federal judge on Tuesday.

The block comes after the ACLU of South Carolina filed a lawsuit in the United States District Court for the District of South Carolina in Columbia on behalf of two disability advocacy organizations and nine South Carolina parents of children with disabilities, including asthma and autism.

Judge Mary Geiger Lewis stated in her Tuesday ruling that the proviso, which prohibits districts from enforcing mask mandates at the risk of losing state funding, discriminates against children with disabilities.

“This is not a close call. The General Assembly’s COVID measures disallowing school districts from mandating masks, as found in Proviso 1.108, discriminates against children with disabilities,” Lewis said.

Following the the U.S. District Court ruling, Gov. Henry McMaster’s spokesman Brian Symmes released a statement on the governor’s disagreement with the ruling and possible steps he may take to keep the decision on masking students in the hands of their parents.

“The governor strongly disagrees with the court’s decision and will defend a parent’s right to decide what’s best for their children up to the United States Supreme Court, if necessary,” Symmes said on Tuesday night.

Officials with the South Carolina Department of Education also said they are reviewing the court’s decision and would provide guidance to schools and districts on its implications on Wednesday.

“Federal disability rights laws are clear: If students with disabilities need schools to require masks in order for them to have equal access to their education, the state cannot stop schools from requiring those masks,” said Susan Mizner, Director of the ACLU’s Disability Rights Program. “The court’s decision today makes clear that state legislators and Gov. McMaster can’t sacrifice the health and safety of students with disabilities for the convenience of others. Our plaintiffs and parents across South Carolina have spoken up on behalf of their children to make a simple request: that schools be able to follow basic public health guidelines without losing critical state funding.”

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