ACLU sues South Carolina governor over mask mandate ban
The American Civil Liberties Union on Tuesday filed a lawsuit against South Carolina Gov. Henry McMaster (R) for his ban on school mask warrants.
Inventory: The ACLU represents several disability rights groups and parents who argue that the ban violates the Americans with Disabilities Act and “illegally forces parents of children with underlying illnesses to choose between education of their child and the health and safety of their child “.
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The parents who complained have children with asthma and weakened immune systems, NPR reports.
What they say : “It’s a question of the rights of people with disabilities”, the ACLU noted.
“Under federal laws on the rights of persons with disabilities, public schools cannot exclude, deny access or separate students with disabilities from public education,” the organization added. “The ban on mask warrants during a global pandemic does just that.”
“Schools are obliged to give [all] to students an equal opportunity to benefit from public education.
“Refusing to follow public health guidelines disproportionately endangers students with health conditions that make them vulnerable to COVID. “
The other side: “While we don’t comment on specific disputes, the only truly inclusive option is to allow each parent to decide whether their child will wear a mask at school. This is exactly what the General Assembly’s budget provision does. in South Carolina, ”Brian Symmes, a spokesperson for McMaster, told NPR.
Between the lines: President Biden last week ordered the Education Department to use its civil rights office to dissuade states from banning mask warrants in schools.
The Education Department could potentially launch investigations if state policies are suspected of violating students’ civil rights by banning masks, according to the New York Times.
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