Documents have been filed with the U.S. Court of Appeals Fourth Circuit appealing a lower court ruling on South Carolina’s proviso prohibiting mask mandates in schools. According to the documents, the appeal is filed on behalf of Gov. Henry McMaster and Attorney General Alan Wilson.
The appeal includes the temporary restraining order and preliminary injunction authorized by Judge Mary Geiger Lewis of the U.S. District Court for South Carolina. She had ruled the state cannot enforce the prohibition of mask mandates by local school districts from Proviso 1.108, which was included in the new budget passed by legislators.
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In her ruling, Judge Mary Geiger Lewis said, “A review of the declarations provided by Plaintiffs in this case demonstrate, because of Proviso 1.108, Governor McMaster and AG Wilson have denied the minor plaintiffs meaningful access to in-person education, programs, services, and activities because of Proviso 1.108.”
The judge’s ruling stems from a lawsuit filed in late August by the American Civil Liberties Union, Disability Rights South Carolina, Able South Carolina and several parents of children with disabilities. The suit claimed the proviso violates sections of the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the American Rescue Plan Act.
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The parents say their children suffer from disabilities that increase their risk of contracting COVID-19 or increase their risk of serious complications or death. The disabilities cited include asthma, autism and weakened immune systems.
In the lawsuit, the plaintiffs said, “School districts with students who have disabilities . . . that make them more likely to contract and/or become severely ill from a COVID-19 infection have a legal obligation to ensure that those children can attend school with the knowledge that the school district has followed the recommended protocols to ensure their safety. By prohibiting any school from imposing a mask mandate, Proviso 1.108 interferes with a school’s ability to comply with its obligations under federal disability rights laws and illegally forces parents of children with underlying [health] conditions to choose between their child’s education and their child’s health and safety.”
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State Superintendent of Education Molly Spearman issued updated guidance in a statement posted to the department’s website on Wednesday, Sept. 29.
It read, “The immediate effect off the Court’s order is that both the state and local school districts are prohibited from enforcing Proviso 1.108 and school districts now have the discretionary authority to require masks. In light of the Court’s ruling, the SCDE strongly suggests schools and districts consult with their legal counsel on actionable step that may need to be taken to make reasonable accommodations for students with disabilities under federal laws.”
Dana Lynn McIntyre is a Staff Reporter with The Augusta Press. You can reach her at dana@theaugustapress.com.
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