SC legislative leaders say Columbia mask mandate is ‘deliberate violation’ of state law

The two top Republican leaders in the State House called Friday for the South Carolina attorney general to review Columbia’s school mask mandate and “take appropriate” action, which could happen as soon as next week.

In a letter Friday, Senate President Harvey Peeler, R-Cherokee, and House Speaker Jay Lucas, R-Darlington, wrote to Attorney General Alan Wilson arguing that a new, one-year law passed as part of the state’s budget “is clear and unambiguous.”

“It prohibits face-coverings mandates in public schools no matter where in the state they are located,” the letter said, signed by both legislators.

They wrote the law states that “no school districts, or any of its school may use any funds appropriated or authorized pursuant to this act (the state’s budget) to require that its students and/or employees wear a facemask at any of its education facilities. This prohibition extends to the announcement or enforcement of any such policy.”

Proponents have argued the law is clear and, because schools get public tax dollars through the state budget. Critics, however, argue the language is vague and masks, for example, could be paid for by outside private or federal dollars, not state.

Spearhead by Mayor Steve Benjamin’s emergency declaration, the Columbia City Council Thursday adopted an ordinance requiring masks for all faculty, staff and children ages 3-14 in schools within the city limits.

Wilson’s office said this week they were reviewing the ordinance, and said he plans to announce “something” late next week.

This story was originally published August 6, 2021 at 4:37 PM.

David Travis Bland

The State

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David Travis Bland is The State’s editorial editor. In his prior position as a reporter, he was named the 2020 South Carolina Journalist of the Year by the SC Press Association. He graduated from the University of South Carolina in 2010. Support my work with a digital subscription