South Carolina’s Attorney General requests removal from the ACLU’s Mask Lawsuit, claiming that he did not break any laws.
According to the Associated Press, South Carolina’s attorney general has wanted to be removed from the American Civil Liberties Union’s (ACLU) lawsuit against the state’s mask mandate ban, claiming that he did not break any laws.
Attorney General Alan Wilson is one of several South Carolina authorities being sued by the American Civil Liberties Union on behalf of disability rights organizations and parents of disabled children in the state. The mask mandate prohibition is said to be in violation of the Americans With Disabilities Act and the Rehabilitation Act, according to the lawsuit. Wilson, though, claims in a memo that he should not be included in the lawsuit because “he played no part in any alleged violation of the legislation in question,” according to the Associated Press.
Under the two acts, public schools are prohibited from excluding or segregating students with disabilities from their peers. Schools must also make accommodations for kids with impairments so that they can fully participate.
According to the ACLU, kids with underlying health disorders or disabilities are disproportionately affected by the mask mandate prohibition, as they are more likely to become gravely ill from COVID-19.
See the list below for more Associated Press reporting.
Attorneys for Republican Governor Henry McMaster—who has repeatedly stated that parents should decide whether their children wear masks in school—argued in court papers filed last week that the ACLU and its clients “have not alleged, and they cannot reasonably or plausibly allege, that Governor McMaster acted with bad faith or gross misconduct.”
“The plaintiffs cannot simply fight their policy preferences or go to court over their objections with choices made by their representatives in the General Assembly,” they continued.
South Carolina is dealing with a fresh COVID-19 outbreak, fueled in part by the Delta variant and a vaccination rate of slightly under 50% of eligible persons. Intensive care units in both adult and pediatric hospitals are overcrowded, with over 750 deaths reported in the first half of September. The daily average number of new cases is still at 4,500, which was only surpassed during the winter peak, before vaccines were widely available.
Within a month of returning in person, a number of schools and two entire districts were compelled to revert to online instruction. Some cities and districts have moved in defiance of the restriction. This is a condensed version of the information.