{"id":"SC-041","kind":"order","level":"court","jurisdiction":"South Carolina","state":"SC","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of South Carolina (original jurisdiction)","authority":"S.C. Const. art. V, § 5; Proviso 1.108, Act 94 of 2021; Home Rule Act","instrument":"Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021)","title":"Proviso 1.108 upheld; Columbia Ordinances 2021-068 and 2021-069 declared void insofar as they mandate masks in K-12 public schools","dateIssued":"2021-09-02","effective":"2021-09-02 (heard Aug. 31, 2021)","end":"n/a","startDate":"2021-09-02","endDate":"2021-09-30","quarters":["2021Q3"],"types":["MASK","SCH"],"addressees":["City of Columbia","school districts within the City","every local government considering a school mask ordinance"],"clause":"Proviso 1.108 manifestly sets forth the intent of the legislature to prohibit mask mandates funded by the 2021-2022 Appropriations Act in K-12 public schools... The City ordinances would impose a $100 fine for each \u0027civil infraction.\u0027... The conflict here is express, and, thus, Proviso 1.108 preempts the ordinances... we uphold Proviso 1.108 and declare void the challenged ordinances of the City insofar as they purport to impose a mask mandate in K-12 public schools.","enforcement":"Declaratory judgment; the Attorney General\u0027s Aug. 11, 2021 letter to the City recited","functions":["IN in-person instruction","WF workforce (parents; school staff)","EC child care (the daycare portion of the ordinances was not before the Court)"],"notes":"Recites the ordinances\u0027 operative words: masks for \u0027all faculty, staff, children over the age of two (2), and visitors, in all buildings at public and private schools or daycares\u0027; Proviso 1.108 \u0027enacted into law on June 22, 2021.\u0027 Footnotes 4-5 give the ordinance URLs (SC-058; SC-059).","sourceUrl":"https://www.sccourts.org/media/opinions/HTMLFiles/SC/28056.pdf","snapshot":"","fileExists":true,"fileBytes":231583,"grade":"primary","character":"","description":"","collection":"SC","url":"/library/SC-041","exhibitUrl":"/exhibit/SC-041","citation":"Supreme Court of South Carolina (original jurisdiction), Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021) (Sept. 2, 2021) (Ex. SC-041)","stateName":"South Carolina","related":["SC-058","SC-059","SC-043","SC-045","SC-040","SC-042"]}