Federal court temporarily blocks mask mandate ban in South Carolina schools News
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Federal court temporarily blocks mask mandate ban in South Carolina schools

The US District Court for the District of South Carolina blocked the state’s mask mandate ban on Tuesday, determining that the mandate discriminates against children with disabilities.

Proviso 1.108, implemented in May of this year, placed a ban on mandating mask-wearing for teachers and school children. It was written into the state school budget with schools facing funding cuts if masks were enforced. Federal Judge Mary Geiger Lewis granted the motion for a preliminary injunction to block the law, siding with Disability Rights South Carolina, Able South Carolina, and individual plaintiffs. Judge Geiger Lewis determined that the South Carolina law violated the Americans with Disabilities Act (Title II) and the Rehabilitation Act of 1973. The individual plaintiffs, consisting of parents with disabilities, submitted that the ban forced parents to choose between their children’s health or their education.

There were four tests applied to decide whether to not to grant the injunction, including whether or not blocking the ban would be in the public interest. The court stated that “no one can reasonably argue that it is an undue burden to wear masks to accommodate with disabilities” and drew a comparison to wheelchair ramps in schools, as both ramps and masks create accessibility for school children with disabilities.

Despite praise from disability rights groups regarding the injunction, a spokesperson for South Carolina Governor Henry McMaster said that they “strongly disagree with the decision” and will take the matter up to the Supreme Court if necessary.

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