SC’s top prosecutor says he’s eyeing Columbia’s mask mandate and may take action soon

South Carolina’s Attorney General Alan Wilson said Thursday that his office is studying the City of Columbia’s new school mask mandate and could announce any action as early as next week.

“We’ve received inquiries about the City of Columbia’s mask mandate. We’re doing research and analysis of it and expect to announce something late next week,” Wilson’s office said in a press release sent out shortly after the Columbia City Council voted 5-1 Thursday to order a mask mandate in the city’s daycare, elementary and middle schools.

On Wednesday, Benjamin, a Democrat, declared the city under a state of emergency because of rising COVID-19 cases. Less than 24 hours later, a more than two-thirds majority of council enacted that order, mandating that all 43 elementary and middle schools and day cares in the city limits require students, faculty, staff and visitors to wear face masks to stop the spread of the coronavirus.

The order expires after 61 days.

“This is a thoughtful action that ought not be political,” said Benjamin, who is not seeking reelection in November. “We should not care what any politicians think, we should be focused on good public health.”

A “perfect storm” of danger exists for Columbia’s children because they are unvaccinated and many people have stopped using known preventive measures — such as mask wearing and social distancing — to stop the virus’ spread, the ordinance said.

Moreover, the order noted, South Carolina’s overall low vaccination rate — about 45% — endangers children, and hospitals around the state are reporting that their intensive care wards for children are filling up with those seriously ill who have been stricken with COVID.

The order also noted currently that children under 12 are unable to get highly-effective vaccines available to older children and adults. Those vaccines, including by Moderna and Pfizer, are said to be more than 99% effective in preventing serious illness and death from COVID.

Columbia City Council has a “duty” to act when the community’s lives, safety, health and welfare are threatened, the order said.

The move by city leaders pits the capital city’s mostly Democratic governing body against stances taken by Republican Gov. Henry McMaster, the GOP-controlled Legislature and Wilson, a Republican.

Earlier this week, Wilson notified University of South Carolina President Harris Pastides that a student mask mandate Pastides wanted to implement may violate a one-year law that Wilson said prohibited public universities from implementing student mask mandates.

Pastides, who holds a doctorate in epidemiology — the study of the spread of infectious diseases — and public health expert, backed down and rescinded the mandate, which applied to students in indoor settings such as classrooms.

Masks can be an important tool in controlling the spread of the highly contagious and sometimes deadly COVID-19, which spreads in tiny aerosol droplets when people breathe, talk, cough, sneeze, according to national and state public health departments.

Public health experts also recommend getting the COVID-19 vaccination and social distancing.

Whether to implement mask mandates in schools has become a hotly-debated topic in many areas.

In Florida, Gov. Ron DeSantis issued an order forbidding school districts from issuing mask mandates. He called it protecting “parents’ freedom to choose whether their children wear masks.”

In Decatur, Georgia, the school district there is requiring students to wear masks. School Superintendent Maggie Fehrman said the action serves to protect children from COVID-19 infections.

In Arkansas, Gov. Asa Hutchinson said he regrets signing into law a measure that banned local school districts from implementing mask mandates. He has called for a special legislative session to reevaluate the ban. In recent months, COVID-19 infections and hospitalizations for children have sharply increased in Arkansas.

This story was originally published August 5, 2021 at 11:46 AM.