Attorney General says mask laws are constitutional

People may be upset but public health is the issue

Posted 6/24/20

Can Columbia, Greenville or any other SC community require you to wear a face mask?

Yes, says Attorney General Alan Wilson. It is for yoir own good and that of the community.

This item is available in full to subscribers.

Subscribe to continue reading. Already a subscriber? Sign in

Get 50% of all subscriptions for a limited time. Subscribe today.

You can cancel anytime.
 

Please log in to continue

Log in

Attorney General says mask laws are constitutional

People may be upset but public health is the issue

Posted

Can Columbia, Greenville or any other SC community require you to wear a face mask?

Yes, says Attorney General Alan Wilson. It is for yoir own good and that of the community.

And it is constitutional.

"Our state constitution and state laws have given cities the authority to pass these types of ordinances under the doctrine of Home Rule," he said.

The basic premise behind the Home Rule doctrine is to empower local governments to effectively govern themselves without interference from state government.

If there was a riot – as there was a few weeks ago in Columbia – a city could pass a curfew to get control of the civil unrest, Wilson said.

 A city could require a mandatory evacuation in the event of a local flood.

Normally, a city could pass an emergency order requiring people to leave an area or stay in a particular area.

An exception to this would be if the Governor issued an emergency executive order then that would preempt a city from passing a different emergency order.

This was our position when cities were passing their own emergency lock-down orders after Gov. McMaster issued his state of emergency order. 

One other issue involves a law (Section 16-7-110) that prohibits the wearing of masks in public.

Basically, you have state law that says you cannot wear a mask and city ordinance that says you must.

This law was passed in 1962 with the intention of preventing members of the Ku Klux Klan from concealing their identities while committing acts of terrorism.

This statute would not be applicable to the mask ordinances because the wearers are not attempting to conceal their identity but to comply with a city health ordinance.

Many people are upset about these ordinances and I can understand their frustration, Wilson said.

However, just because you believe something is bad government does not make it unconstitutional government.

"Sometimes the remedy for a bad government action is not a legal remedy but a political remedy at the ballot box."

Attorney General, Alan Wilson, columbia, Greenville, face masks

Comments

No comments on this item Please log in to comment by clicking here