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Columbia Standard

Sunday, September 22, 2024

'Not in violation of any state law': Columbia mayor defends mask ordinance despite AG's legal challenge

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Columbia Mayor Steve Benjamin. | File

Columbia Mayor Steve Benjamin. | File

South Carolina Attorney Genera Alan Wilson wants Columbia to follow the letter of the law, and he's taken it all the way to the state supreme court with a lawsuit against the city, according to a The Center Square piece posted online at yahoonews!

This, after Columbia Mayor Steve Benjamin declared that the state budget proviso banning mask mandates in schools as unconstitutional.

“As we have stated, the City of Columbia and our ordinance requiring facemasks in schools are not in violation of any state law" Benjamin said in a office release Aug. 19. "In fact, we are in compliance with South Carolina Constitutional law, which makes it our legal and ethical obligation to protect the health, safety and well-being of our citizens. 


South Carolina Attorney General Alan Wilson. | scag.gov

“Our city is authorized and empowered, and has the duty to afford adequate protection for lives, safety, health and welfare by Article VIII, Section 17 of the South Carolina Constitution and the Home Rule Act of 1975.” 

Wilson said it's a simple matter of following what the state Legislature already agreed upon and passed - implementing mask mandates in city and town schools is a violation of state law.

“The lawsuit does not question whether masks are effective or a good idea but is based on the importance of following state law,” The Center Square reported that a Wilson office press release said. “Attorney General Wilson encourages everyone to wear masks when appropriate and encourages anyone who can to get the COVID vaccination. However, the General Assembly passed a budget proviso that prohibits schools or school districts from requiring masks.”

The state’s highest court is scheduled take up oral arguments and hear Wilson's challenge to Columbia’s school mask mandate at 10 a.m. on Aug. 31.

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