District Judge Sides With Charleston County School District On Face Mask Warrant, Dismisses Motion For Temporary Injunction
CHARLESTON COUNTY, SC (WCBD) – The Charleston County School District may enforce its mask mandate, a district judge ruled on Monday.
9th Circuit Court judge Bentley Price’s decision comes after a group of parents filed a petition last week for a temporary emergency injunction and restraining order barring the CCSD from enforcing its mask mandate.
“I am very satisfied with the judge’s ruling and see the ruling as an affirmation of our board’s commitment to the health and safety of our students through the application of our face mask policy,” said CCSD Board Chairman, Reverend Dr Eric Mack. . “I hope this will allow everyone, regardless of their stance on wearing face masks, to refocus on educating our students.”
According to court documents, parents who filed the petition said they believed the CCSD’s mask warrant violated state provision 1.108 – enacted in June – which states that “no school district, nor any of the its schools, may not use the funds allocated or authorized under this act to require its students and / or employees to wear a face mask in any of its educational institutions.
The reservation was also upheld by the South Carolina Supreme Court on September 2.sd in a unanimous decision stemming from a case against the City of Columbia, saying the “ultimate decision” to hide a child is the choice of parents, not that of a local government or school board.
The Charleston County School District announced that the application of its mask mandate will be “without any appropriate funds or authorized by the General Assembly Appropriation Act 2021-22, until October 15,” which maintain CCSD in compliance with government budget clause 1.108.
The plaintiffs, however, are seeking a court order declaring the CCSD’s mask warrant as “unenforceable” because they say it conflicts with provision 1.108 and the SC Supreme Court ruling.
“The plaintiffs have suffered and are likely to continue to suffer immediate and irreparable harm without the issuance of an injunction and restraining order,” court documents said.
Lawyers representing the plaintiffs said they plan to appeal to the South Carolina Supreme Court.