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Ex. DUT-SC-017 Standing duty Primary source read

Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10

Guidance to law enforcement regarding the interpretation, application, and enforcement of Section 16-7-10 of the South Carolina Code of Laws

Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division) · South Carolina (State)

The COVID Project

The record

Jurisdiction
South Carolina
Level
State
Authority
Op. S.C. Att'y Gen. (Mar. 24, 2020) (letter to Chief Mark A. Keel)
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-24
End
n/a (advisory statement); operative while § 16-7-10 applied under the emergency (to June 6-7, 2021) (read as 2021-06-30)
In force
Mar. 24, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Gathering capOther
Addressees
  • law enforcement officers; persons generally
Character
agency interpretation
Collection
Standing duties: South Carolina DUT-SC

Operative words

Section 16-7-10 is intended in part to maintain good order during extraordinary times of emergency. The unique nature of a pandemic is such that SCDHEC and epidemiologist are strongly urging against even the most orderly large gatherings. However, the enforcement of this criminal statute must yield to established constitutional limitations.

Penalty

n/a (construes the § 16-7-10 misdemeanor)

What it required

The Attorney General confirmed to the State's chief law-enforcement agency that § 16-7-10 is a criminal statute applicable during the COVID-19 emergency, that DHEC and epidemiologists were 'strongly urging against even the most orderly large gatherings,' and that its enforcement must accommodate gatherings protected by fundamental constitutional rights (religious meetings, weddings, funerals, the family unit, political assembly). Character as recorded: agency_interpretation (Attorney General opinion; order_penalty layer).

Retrieval note

Scanned two-page letter without a text layer; both pages were rendered to images and read in full. The letter records that the Governor 'has stated in no uncertain terms that the restriction on activities was not intended, and should never be construed, to infringe upon any fundamental constitutional rights' and cites this Office's opinion of March 3, 1994 (1994 WL 136189) on strict scrutiny. It is cited in the Attorney General's March 29, 2020 opinion (Ex. DUT-SC-018).