South Carolina Attorney General Alan Wilson said in a press release on Tuesday that Columbia’s school mask mandate violates state law and “should be rescinded.”
Wilson gave the mayor and council a deadline of Friday, Aug. 13 to comply.
Benjamin had said in the council meeting that the state constitution and city code gave him and council the authority to mandate masks in schools.
Legislation Prohibits Mask Mandates
In an Aug. 6 letter to Wilson, South Carolina Senate President Harvey Peeler and South Carolina House Speaker Jay Lucas informed Wilson of the legislature’s intent to ban school mask mandates.The letter can be found here:
According to Wilson, the legislature had passed a budget proviso stating, “No school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its education facilities.”
Wilson added that it’s acceptable to encourage wearing facemasks, but that it should be optional.
Personal Responsibility, Not Mandates
At a press conference from the state house on Monday, South Carolina Gov. Henry McMaster said personal responsibility and common sense—not mask mandates—are the answer.“Shutting our state down, closing schools, and masking children who have no choice, to protect adults who do have a choice, is the wrong thing to do, and we are not going to do it,” McMaster said.
On Tuesday, President Joe Biden said his administration is “checking” on whether universal mask mandates in public schools can be implemented, though he doesn’t believe the administration has the power, “thus far.”