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Ex. SC-040 Order Primary source read

Creswick v. University of South Carolina, Op. No. 28053

Declaratory judgment that Proviso 117.190 does not prohibit a universal mask mandate at a public institution of higher learning

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

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The record

Jurisdiction
South Carolina
Level
Court
Authority
S.C. Const. art. V, § 5; Proviso 117.190, Act 94 of 2021
Issued
2021-08-17 Aug. 17, 2021
Effective
2021-08-17 (submitted Aug. 11, 2021) (read as 2021-08-17)
End
n/a (read as 2021-09-30)
In force
Aug. 17, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementSchools and child care
Addressees
  • University of South Carolina
  • Attorney General
  • public institutions of higher learning
Functions reached
  • IN instruction and campus operations of a State university
  • CP campus housing and dining
  • WF student and staff workforce
  • CB vendors and contractors on campus
Collection
South Carolina SC

Operative words

The language of Proviso 117.190 is not ambiguous as to the point in question--whether the proviso prohibits a universal mask mandate. Nothing in the proviso manifests the General Assembly's intent to prohibit all mask mandates at public institutions of higher learning.... [we] declare Proviso 117.190 does not prohibit a universal mask mandate.

Enforcement

Declaratory relief; the University reinstated its campus mask requirement

Notes

Recites that USC announced a universal mask requirement July 30, 2021, withdrew it Aug. 3 after the Attorney General's Aug. 2 letter, and (per the Court's understanding) reimposed it after this decision.