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Ex. SC-006 Order Primary source read

Executive Order No. 2020-13

Authorizing Law Enforcement to Maintain Order, Ensure Public Safety, and Preserve Public Health During the State of Emergency

Governor Henry McMaster · South Carolina (State)

The COVID Project

The record

Jurisdiction
South Carolina
Level
State
Authority
S.C. Code §§ 1-3-430, 1-3-440, 16-7-10, 23-20-60; 1980 S.C. Op. Att'y Gen. 142
Issued
2020-03-23 Mar. 23, 2020
Effective
2020-03-23 (immediately), for the duration of the State of Emergency (read as 2020-03-23)
End
Extended by each emergency declaration (recited in EO 2020-28 § 1(E), 2020-31 § 1(C), 2020-34 § 2(C)); enforcement sections re-enacted in EO 2020-50 § 14 and successors; lapsed June 6-7, 2021 (read as 2021-06-30)
In force
Mar. 23, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Stay-at-homeGathering capOther
Addressees
  • the public
  • all law enforcement officers of the State and its subdivisions
  • political subdivisions (preemption)
Functions reached
  • GATH every gathering of three or more persons outside the home
  • MK events and shows
  • SF sales floors and waiting areas
  • JS job sites and crews
  • WS worship
Collection
South Carolina SC

Operative words

I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless authorized or in their homes, in groups of three (3) or more people, if any such law enforcement official determines, in their discretion, that any such congregation or gathering of people poses, or could pose, a threat to public health.

Enforcement

§ 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order or direction of any law enforcement officer,' or otherwise violates any Order 'is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days'; § 1-3-440(4) injunction and mandamus; § 1(G): 'this Order shall supersede and preempt any such local ordinance'

Notes

The State's gathering-limitation instrument during the closure period; the first order to carry the preemption clause that every later order repeated.