What does Columbia’s new school mask mandate mean for University of South Carolina?

Even as Columbia Mayor Steve Benjamin issued a new emergency face mask ordinance, the capital city’s biggest university backed away from plans for one of their own.

The University of South Carolina announced this week it would not require masks be worn on USC’s Columbia campus, citing an opinion from the state’ attorney general that the rule would violate state law. Close on the heels of that announcement, Benjamin declared a state of emergency in order to require masks be worn in city schools.

But the city’s decision doesn’t mean USC will be changing course, because of the way the city ordinance is targeted.

Columbia’s emergency mask order is premised on the spread of the coronavirus among younger children who are unable to get vaccinated against COVID-19. Vaccines are currently only cleared for use in people ages 12 and up, leaving many students still vulnerable to the disease.

The city’s ordinance specifically applies to elementary and middle schools, but not high schools, where students are old enough to get the vaccine. It also won’t apply to colleges like USC, whose students are adults.

Instead, the ordinance is targeted at institutions, including private day cares, that serve children between the ages of 2 and 14. The new rule requires every student, teacher, staff member or visitor at 43 public and private schools inside the city limits to wear masks while they’re on campus, at the risk of a $100 fine.

But S.C. Attorney General Alan Wilson’s advice to the university is based on the same law, a one-year budget proviso that prohibits schools from enforcing mask mandates. Wilson’s office has said it is reviewing the city’s new ordinance and could take action against it. One city councilman, Daniel Rickenmann, voted against the measure at Thursday’s city council meeting because he said he believes it violates the same law.

Benjamin rejects that argument, saying a proviso targeting school districts doesn’t stop a city government from taking emergency measures under its own power. On the university question, state Sen. Dick Harpootlian, D-Richland, criticized Wilson’s opinion on USC, and Senate Republican leader Shane Massey of Edgefield said the Legislature’s intent was not to block masks at the state’s flagship university.

On Thursday, Harpootlian filed suit on behalf of a USC professor asking the S.C. Supreme Court to clarify how mask restrictions apply to the university.

This story was originally published August 6, 2021 at 9:10 AM.

Bristow Marchant

The State

803-771-8405

Bristow Marchant covers local government, schools and community in Lexington County for The State. He graduated from the College of Charleston in 2007. He has almost 20 years of experience covering South Carolina at the Clinton Chronicle, Sumter Item and Rock Hill Herald. He joined The State in 2016. Bristow has won numerous awards, most recently the S.C. Press Association’s 2024 education reporting award.  Support my work with a digital subscription