SC parents file emergency injunction, restraining order against school district over its face mask mandate


CHARLESTON COUNTY, S.C. (WCBD) – A motion for an emergency temporary injunction and restraining order prohibiting the Charleston County School District from enforcing its mask mandate for students, staff, and visitors was filed this week.

Plaintiffs listed in the motion have children who attend public school in Charleston County.

They say the mandate violates state Proviso 1.108 – enacted into law back in June – which states “no school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its educational facilities.”

The Proviso was also upheld by the South Carolina Supreme Court on September 2nd in a unanimous decision stemming from a case against the City of Columbia, stating the “ultimate decision” to mask a child is the parent’s choice and not that of a local government or school board.

The Charleston County School District announced the enforcement of its mask mandate would be done “without any funds appropriated or authorized by the General Assembly’s 2021-22 Appropriations Act, through October 15,” which would keep CCSD in compliance with State Budget Proviso 1.108.

Plaintiffs, though, are seeking a court order declaring CCSD’s mask mandate as “unenforceable” because they say it does conflict with Proviso 1.108 and the SC Supreme Court’s ruling.

“Plaintiffs have suffered and are likely to continue to suffer immediate irreparable harm without the issuance of an injunction and restraining order,” court documents state.

Parents listed in the court filing say they have a child who is on an individualized education plan due to ADHD and both auditory and speech challenges, which they say are exacerbated by the mask mandate. Their child “is not currently permitted to attend school in person and obtain a minimally adequate education solely because of the CCSD ADD Mask Mandate policy.”

The motion has not been passed as of Thursday afternoon.

A lawsuit was also filed against the Charleston County School District this week over its face mask mandate on behalf of a group of parents and a teacher who were keeling a court order to declare CCSD in “contempt of the South Carolina Supreme Court’s recent ruling that sided with the state’s Proviso 1.108 banning the enforcement of masks in schools.”

WCBD News reached out to the Charleston County School District for comment, they told us, “we are aware of the Emergency Injunction being filed, but no comment to provide since it is pending litigation.”

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