Judge temporarily blocks SC law against school mask mandates, AG Wilson plans appeal - ABC NEWS 4
COLUMBIA, S.C. (WCIV) — A federal judge in Columbia issued an injunction Tuesday night temporarily blocking South Carolina's controversial law preventing schools from requiring face masks as a way of limiting the spread of coronavirus, saying the rule discriminates against students with disabilities.
Judge Mary Geiger Lewis granted a temporary injunction and restraining order on state government leaders regarding Proviso 1.108, a stipulation in South Carolina's 2021-22 budget saying schools cannot use state funds allocated this fiscal year in the enactment or enforcement of mask requirements.
Judge Lewis ruled the proviso is in conflict with Title II of the Americans With Disabilities Act and Section 504 of the Rehabilitation act because the state by enforcing the proviso illegally "fails to accommodate disabled children and denies them the benefits of public schools ... to which they are entitled."
In her explanation of why she chose to block the proviso, Judge Lewis wrote Wednesday she had to carefully weight the government's broad emergency powers to make public health decisions "against the backdrop of individual rights and liberties, including the right to be free from discrimination."
"This is not a close call," Lewis wrote. "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."
Several parents and advocacy organizations for disabled people in August sued South Carolina Governor Henry McMaster, S.C. Attorney General Alan Wilson and several school boards around the state in response to the proviso.
The plaintiffs claimed the state's enforcement of Proviso 1.108 violated rights of disabled children statewide because many parents were forced to choose between the option of sending their children to school where they risked irreparable harm from COVID-19 due to a lack of protections from the virus, or the option of keeping their children home for their own safety, thus depriving them of an equal education opportunity.
Judge Lewis said an analysis of federal law and legal precedent ultimately tips the scale in favor of the plaintiffs, ruling there is ultimately no harm in blocking Proviso 1.108 because it's unlawful to begin with, and blocking it allows schools to meet their Constitutional obligation to reasonably accommodate students with disabilities.
In further siding with children with disabilities, Judge Lewis went on to pick apart several counter-claims by Governor McMaster, starting first with the governor's assertation those suing should be able to demonstrate disabled children would suffer irreparable harm. To refute this, McMaster argued only a small number of children die from COVID-19.
"Governor McMaster ... appears to argue Plaintiffs must show a likely risk of death to demonstrate irreparable harm [from COVID-19]," Lewis wrote. "But, as adeptly noted by Plaintiffs, the risk of the minor plaintiffs just contracting COVID-19 constitutes irreparable harm. ... Other courts have recently considered the dangers associated with COVID-19 in schools and have also concluded irreparable harm is demonstrated by the threat of COVID-19."
Judge Lewis added that blocking the proviso is in the public interest, and offered her opinion that "[n]o one can reasonably argue that it is an undue burden to wear a mask to accommodate a child with disabilities."
"It is true that the fundamental right of a parent to decide what is best for their child cannot be ignored," Lewis said. "It is also generally true that parents are the ones who know ... what is best for their [children]. But, those same truths apply equally to all parents, including the parents of children with disabilities."
Gov. Henry McMaster's office released a statement Tuesday night saying he strongly disagreed with the judge's decision.
On Wednesday, Attorney General Alan Wilson stated, “We disagree with the judge’s position and we plan to appeal.”
Meanwhile, former Congressman and current Democratic candidate for governor Joe Cunningham said that he supported the ruling.
The South Carolina Dept. of Education acknowledged the ruling in a public statement on social media, where a spokesperson said agency leaders would be evaluating the implications of the court's order and formulating a plan of action and guidance for districts in response on Wednesday.
source: https://abcnews4.com/news/local/judge-temporarily-blocks-south-carolina-law-against-school-mask-mandates
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