Benjamin says Columbia plans to move ahead with coronavirus ‘stay at home’ order
The city of Columbia is proceeding with its stay-at-home ordinance, going into effect at 12:01 a.m. Sunday, to combat the spread of the COVID-19 coronavirus, Mayor Steve Benjamin announced in a series of tweets Saturday.
Under the ordinance residents will be able to leave their house to get groceries, gas and medical services and can go to banks, laundromats and restaurants for take-out; they will also be able to go outside for walks, go to work outside the city and to carry out an essential service.
However, residents will not be able to go to gyms, nail salons or barber shop — nor will they be able to buy guns or have private gatherings of three or more people.
Benjamin’s announcement came one day after the state Attorney General’s Office released an opinion saying cities and counties in South Carolina have limited powers during states of emergency.
The opinion raised questions about the legality of recent stay-at-home orders issued by Charleston and Columbia — as well as those under consideration by other cities in South Carolina in response to the coronavirus pandemic.
That opinion, written by Solicitor General Robert D. Cook, did not specifically say such stay-at-home orders were unconstitutional, but it did cite a 1980 opinion by the state Attorney General’s Office that said certain steps, such as evacuation orders during emergencies, can only be ordered by the governor and not local municipalities.
But Benjamin told The State that he “cannot ascertain what the attorney general is relying on” to issue the opinion.
“South Carolina state law is crystal clear as relates to the Home Rule authority of cities and our ability to use our emergency powers,” Benjamin said.
Benjamin added that he had not heard from the Attorney General’s office about the opinion, which he called “disappointing.” If the office decides to challenge the city’s order, Benjamin said he is prepared to defend it.
“If the Attorney General disagrees, it’s not only his right, it’s his duty to challenge the law,” Benjamin said. “If he decides he wants to challenge the law, we’ll plan to meet him in the court and let the Supreme Court decide exactly what the law is. I am incredibly confident that we will win. In the meantime we’ll be saving lives, which is our goal.”
Chris Kenney, an attorney with the law firm of state Sen. Dick Harpootlian, agreed with Benjamin’s critique. Kenney told The State that he saw the solictior general’s opinion as seeming “outcome-oriented” and misusing the 1980 opinion as a justification.
“They’re not being honest about what the 1980s opinion says and is about. And what that opinion clearly is about is evacuations,” Kenney said.
A stay-at-home order is fundamentally different, Kenney said, because it is specific to local governments, does not cross jurisdictions and is not preempted by any directive from the governor.
While Gov. Henry McMaster has said he does not believe a statewide stay-at-home order is yet necessary to halt the spread of the coronavirus, he has not expressly forbidden any municipal government in South Carolina from ordering one.
The Attorney General’s Office argued that because the governor is “responsible for the safety, security and welfare of the State” during a state of emergency, local governments retain rights granted to them under the Home Rule Act but cannot exercise extraordinary emergency powers given only to the governor.
But both Benjamin and Kenney maintained that the Home Rule Act specifically grants local governments the right to “adopt emergency ordinances” to “meet public emergencies affecting life, health, safety or the property of the people.” In that sense, Kenney argued, a stay-at-home order is akin to a curfew.
“It’s saying people can’t leave their house, their home except under these circumstances,” Kenney said. “And that is a legitimate and legally granted power given to local governments, and that’s what the city of Columbia has exercised, that power. The city of Charleston has exercised that power. The idea that somehow they have been preempted by Governor McMaster’s order is entirely wrong.”
Kenney added that citizens can comply with stay-at-home orders while still obeying McMaster’s orders, pointing out that the local ordinances even reference McMaster’s orders as a reason to take action.
Benjamin, meanwhile, said that McMaster should issue a stay-at-home order for the entire state, which would render Columbia’s ordinance moot.
“We cannot pretend that doing business as usual,is a way to move forward to beat this coronavirus threat,” Benjamin said. “I encourage the Attorney General and the governor to join us in this fight and not to frustrate our efforts every step of the way.”
BEHIND THE STORY
MOREWhat you should know about the coronavirus
The coronavirus is spreading in the United States. Officials are urging people to take precautions to avoid getting sick, and to avoid spreading the disease if they do contract it.
Click the drop-down icon on this card for more on the virus and what you should do to keep yourself and those around you healthy.
What is coronavirus?
Coronavirus is an infection of the respiratory system similar to the flu. Coronaviruses are a class of viruses that regularly cause illnesses among adults and children, but this outbreak has spawned a new disease called COVID-19, a particularly harsh respiratory condition that can lead to death.
Health officials believe COVID-19 spread from animals to humans somewhere in China. It spreads among humans by physical person-to-person contact, including via coughs. That’s why health officials urge sick individuals to avoid contact with other people.
For more information, visit the website for the Centers for Disease Control and Prevention.
What are the symptoms?
Symptoms are similar to the flu and include fever, coughing and shortness of breath.
How can I stop the spread of the coronavirus?
Wash your hands regularly with soap and water, and cover your mouth and nose when you cough or sneeze.
If you develop symptoms similar to the coronavirus, you should seek medical attention. Stay home from work or school and avoid contact with others. It can take up to 14 days after coming into contact with the virus to develop symptoms.
COVID-19 is a new condition and there’s much about the disease we still don’t understand. For now, taking precautions is the best way to stop the spread of the coronavirus.
This story was originally published March 28, 2020 at 4:25 PM.
