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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- 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.