Governor McMaster asking for stay on court injunction of proviso on school mask mandates

COLUMBIA, SC (WOLO)– Thursday morning, Governor Henry McMaster says he filed an emergency motion with the U.S. Court of Appeals, asking for a stay on the injunction of a budget proviso regarding mask mandates in schools, pending an appeal. South Carolina Attorney General Alan Wilson joined the governor in this emergency motion regarding state budget proviso 1. 108, which officials say bans school districts from using state funds to enforce a mask mandate.

This comes days after a federal judge granted a request to temporarily block the prohibition of school mask mandates, following a lawsuit from parents of disabled children, with help from the American Civil Liberties Union. A spokesperson for the ACLU says the court ruled that the state’s budget provision prohibiting schools from imposing mask mandates for students and teachers discriminates against students with disabilities in violation of  Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Both Governor McMaster and Attorney General Wilson say they disagree with the court’s decision and are following through on their promise to fight the decision.

The attorney general issued a statement on the ruling Wednesday morning. It reads, “We disagree with the judge’s position and we plan to appeal.”

Brian Symmes, a spokesperson for the governor’s office released the following statement in response, “The governor strongly disagrees with the court’s decision and will defend a parent’s right to decide what’s best for their children up to the United States Supreme Court, if necessary.”

Wednesday, McMaster and Wilson sent a Notice of Appeal regarding the federal court’s ruling.

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