SC school districts can continue enforcing masks after McMaster, Wilson lose appeal

The 4th Circuit Court of Appeals has denied an attempt by Republicans Gov. Henry McMaster and Attorney General Alan Wilson to stay a lower court’s ruling over requiring that students wear masks inside South Carolina school buildings.

That means, for the time being, South Carolina school districts can continue enforcing mask requirements.

“Upon consideration of submissions relative to appellant’s emergency motion for stay, the court denies the motion for failure to comply with Rule 8 of the Federal Rules of Appellate Procedure and remands the motion for consideration by the district court in the first instance,” Tuesday’s order said.

McMaster vowed Wednesday morning to continue fighting against the courts’ decisions. In the past, he has said he would take the battle all the way to the Supreme Court if necessary.

“The governor’s disappointed for the parents of South Carolina’s students, but this is far from over,” McMaster spokesman Brian Symmes said. “He’ll continue to defend a parent’s right to decide what’s best for their children through every legal avenue available.”

Robert Kittle, a spokesman for the Attorney General’s Office, said the agency is considering their options.

“We’re evaluating our legal options as we continue to fight to uphold the rule of law,” Kittle said.

Last month, a federal judge temporarily blocked a state budget measure that aims to prevent school districts from enforcing mask requirements in K-12 schools, saying the provision passed by the Legislature this summer discriminates against children with disabilities and is in violation of the Americans with Disabilities Act and other federal laws.

The particular budget provision prohibits school districts from using state money to enforce a mask mandate.

U.S. District Judge Mary Geiger Lewis’ decision followed a lawsuit filed last month by the American Civil Liberties Union on behalf of Disability Rights South Carolina, Able South Carolina and a group of parents with disabled children. The lawsuit said the provision that bans mask requirements can lead to children who are particularly susceptible to severe illness from COVID-19 being excluded from public schools.

It named McMaster, Wilson, Superintendent of Education Molly Spearman and several school boards as defendants.

“It is noncontroversial that children need to go to school,” Lewis wrote in her decision. “And, they are entitled to any reasonable accommodation that allows them to do so. No one can reasonably argue that it is an undue burden to wear a mask to accommodate a child with disabilities.”

Republican State House leaders have said that they do not plan to call lawmakers back to Columbia to either modify or repeal the budget mask measure.

Reporter Emily Bohatch contributed to this story.

This story was originally published October 5, 2021 at 6:44 PM with the headline "SC school districts can continue enforcing masks after McMaster, Wilson lose appeal."

Maayan Schechter

The State

Maayan Schechter (My-yahn Schek-ter) is the senior editor of The State’s politics and government team. She has covered the S.C. State House and politics for The State since 2017. She grew up in Atlanta, Ga. and graduated from the University of North Carolina-Asheville in 2013. She previously worked at the Aiken Standard and the Greenville News. She has won reporting awards in South Carolina. Support my work with a digital subscription