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Ex. SC-042 Order Primary source read

Richland County School District Two v. Lucas, Op. No. 28063, 862 S.E.2d 920 (S.C. 2021)

Provisos 1.108 and 1.103 held constitutional; proviso bars funded mask mandates but not mandates funded solely from federal or local funds

Supreme Court of South Carolina (original jurisdiction) · South Carolina (Court)

The COVID Project

The record

Jurisdiction
South Carolina
Level
Court
Authority
S.C. Const. art. III, § 17 (one-subject rule); Provisos 1.103 and 1.108, Act 94 of 2021
Issued
2021-09-30 Sept. 30, 2021
Effective
2021-09-30 (heard Aug. 31, 2021) (read as 2021-09-30)
End
n/a (read as 2021-09-30)
In force
Sept. 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • Richland County School District Two
  • President of the Senate and Speaker of the House
  • all school districts
Functions reached
  • IN instruction
  • WF workforce
Collection
South Carolina SC

Operative words

We hold the provisos are constitutional, and we reject the remaining challenges to the validity of the provisos.... [Proviso 1.108] prohibits the use of funds appropriated or authorized by the 2021-2022 Appropriations Act to announce or enforce a mask mandate.... [W]e do not reject the possibility that funds not appropriated or authorized by that act may be used to announce or enforce a mask mandate.

Enforcement

Declaratory judgment

Notes

Footnote 2 records that Richland County 'indicated it would not enforce its ordinance as of Sept. 2, 2021' and that 'both the City and the County have since enacted new ordinances that require masks in K-12 schools': Columbia Ordinance 2021-078 (Sept. 8, 2021) and the County's Delta ordinance (Sept. 15, 2021) (SC-061).