COLOMBIA – The SC Supreme Court unanimously rejected Columbia’s new ordinance mandating masks in schools to circumvent a year-long ban on such COVID mandates by state lawmakers.
The ruling came just two days after the state’s Supreme Court heard arguments from attorneys working with Attorney General Alan Wilson, who filed the lawsuit, and from attorneys from the state’s second largest city.
The court ruled that state law takes precedence over city ordinance, which was enacted when schools opened in mid-August when Delta variant COVID cases rose again. Districts were not allowed to ask for masks for students and staff, as part of a budget change passed this spring when cases fell.
The budget change was drafted with “unmistakable clarity,” wrote Judge John Kittredge.
“We recognize that there are strong and passionate opinions on both sides of this debate,” wrote Kittredge. “Nevertheless, we must remind ourselves, the parties and the public that we as part of the judiciary are not entitled to weigh the merits of the face mask debate.”
The court dismissed Columbia’s allegation that the provision violated a rule that requires state law to address a primary issue, in this case annual household accounts. The provision is clearly related to the issuance of taxpayers’ money, the court found.
In the wake of the decision, Richland County said it would no longer enforce its similar school mask requirement, which it passed in August. Richland One’s superintendent Craig Witherspoon said the district’s masking requirement would remain in effect pending the outcome of a separate masking trial in the Supreme Court involving Richland School District Two.
The judges did not deny the possibility of passing a mask mandate that did not conflict with state law, but said that the Columbia rule made it clear that school staff paid at least in part with state funds would be responsible for enforcing it.
State Representative Leon Stavrinakis, D-Charleston said he was surprised during the clashes at how much the city relied on the ability for school staff to enforce the requirement, saying that masking requirements for schools might still be possible, suggesting someone with federal COVID-19 aid funds could be hired to enforce the wearing of masks.
“It may be too difficult for schools to do all of this on their own, but I think there is a way,” said Stavrinakis, a lawyer. “The bottom line is that it has to be third parties, people who are not paid for with state school fees.”
Deputy Justice George James said the Supreme Court followed the legal arguments, not the ongoing public health debate.
“Despite the explosion in public opinion on masks and masking requirements and the sometimes unfortunate way in which these opinions are expressed, our focus and powers are limited to the application of the law,” he wrote in a separate statement. “It is not in our power to decide which side of the public health debate is right about masks or masking requirements.”
Wilson said he appreciated the Supreme Court’s quick decision: “The court emphasized what we’ve been saying all along that we’re not arguing about mask policy, but rather about the rule of law.”
House Majority Leader Gary Simrill, R-Rock Hill, said he approves of the court’s decision and it is unlikely that lawmakers will return to a special session to overturn the budget change.
“There’s no consensus on that,” said Simrill. “I strongly recommend vaccinations and wearing masks indoors for schools to encourage and recommend masking, but there is no consensus to come to Colombia.”
Columbia’s mask requirement covered children under 12 in public and private schools as they cannot get COVID vaccinations. The ordinance also affected staff and visitors to schools and day-care centers.
“This is a sad day for children in South Carolina. Even sadder are the people chosen to protect them, who should act over and over to keep them healthy, educated and alive, will not fight for them . ” said Columbia Mayor Steve Benjamin. “Given the record number of our children contracting this deadly virus, we pray for our children.”
The Charleston County School District approved a mask mandate, and the Lexington Two School District, where four schools have switched to all-virtual learning in cases of spike, agreed to do the same on September 2nd.
The state Supreme Court is expected to rule shortly on a lawsuit from the Richland Two School District alleging that the state’s ban on school mask mandates violates students’ right to free education under the state constitution. The case entered judges on the same day as the Columbia case, August 31.
State health officials and SC Education Superintendent Molly Spearman have spoken out in favor of giving counties the ability to impose masking rules
Seana Adcox contributed from Colombia. This story evolves and is updated.