kids can't get the vaccine yet. those that will be able to

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His prior EO "urged" them to enact mask mandates

May 12, 2021, 4:23 PM [ in reply to Re: That's pretty much what the governor is doing... ]

They never had to and were not told they had to do so or were forced to do so, as they already had the sole authority to do so or not. Most did, under THEIR authority, at his URGING. This wasn't a power he granted to them then rescinded.

He cites section 2G (doesn't exist). Then Section 13 (C) is where he asks for all levels of government to "to enforce the provisions of this Order and any prior or future Orders issued in connection with the State of Emergency, as necessary and appropriate, in the courts of the State by injunction, mandamus, or other appropriate legal action."

So.....is he asking them to enforce what he "urged"? No, he asked them to enforce what he required/demanded that was under his authority. So he urged counties and cities to enact mask mandates under THEIR emergency authority. He can't say now that he granted them that power so as to prevent them from doing it again.

Here's his PRIOR language in EO 2021-11 (Anyone who can find Section 2(G), let me know....):

**************************************************************

Section 2. Emergency Requirements Regarding Face Coverings
A. I hereby urge counties and municipalities of this State to enact or implement
appropriate and narrowly tailored emergency ordinances, orders, or other measures requiring
individuals to wear a Face Covering, as set forth below and further defined herein, in public
settings where they are, will be, or reasonably could be located in close proximity to others who
are not members of the same household and where it is not feasible to maintain six (6) feet of
separation from such individuals or to otherwise practice effective “social distancing” in
accordance with CDC and DHEC guidance.
B. I hereby order and direct that individuals shall wear a Face Covering in state
government offices, buildings, and facilities in accordance with the guidelines and procedures
developed and promulgated by the South Carolina Department of Administration (“Department of
Administration”), as authorized herein, in consultation with DHEC.
Executive Order No. 2021-11
Page 7
March 1, 2021
C. Subject to any additional or supplemental clarification, guidance, rules, regulations,
or restrictions issued, provided, or promulgated by the Department of Administration, the
following persons or groups of persons shall not be required to wear a Face Covering in state
government offices, buildings, and facilities:
1. A child who is two (2) years old or younger or a child whose parent, guardian,
or responsible adult has been unable to place the Face Covering safely on the
child’s face.
2. A person who is seeking to communicate with someone who is hearingimpaired in a manner that requires the mouth to be visible.
3. A person with a physical, mental, or behavioral health condition or disability
(including, but not limited to, any person who has trouble breathing, or is
unconscious or incapacitated, or is otherwise unable to put on or remove a Face
Covering without assistance) that prevents wearing a Face Covering, provided
that a non-employee or visitor who represents that they cannot wear a Face
Covering for one or more of these reasons should not be required to produce
documentation or any other form of proof of such a condition.
4. A person who is actively engaged in eating or drinking or obtaining a service
that requires access to or visibility of the face.
5. A person who is engaging in strenuous exercise or physical activity.
6. A person who is operating or occupying a vehicle alone or with other persons
who are members of the same household.
7. A person who is voting or assisting with the administration of an election,
although wearing a Face Covering is strongly encouraged.
8. A person who must remove a Face Covering for purposes of identification or
security screening or surveillance.
9. A person who is incarcerated in a correctional institution or short-term detention
facility, which shall be governed by the rules and regulations of the applicable
agency, institution, or facility.
10. A person for whom wearing a Face Covering would create a risk to the health
or safety of the person due to their occupation, job function, or work assignment
where wearing a Face Covering would be inconsistent with industry safety
standards or protocols or federal, state, or local regulations or guidelines.
D. For purposes of this Order, “Face Covering” shall mean a covering of the nose and
mouth that is secured to the head with ties, straps, or loops over the ears or is otherwise wrapped
around the lower face. A Face Covering can be made of natural or synthetic fabrics and can be
handmade or improvised from other items. A face shield that covers the nose and mouth and
extends below the chin shall satisfy the Face Covering requirements of this Order. Medical-grade
masks or respirators shall satisfy the Face Covering requirements of this Order; however,
according to the latest CDC guidance, these critical supplies should be reserved for use by
healthcare workers and medical first responders.
E. I hereby authorize the Department of Administration to provide or issue any
necessary and appropriate additional or supplemental guidance, rules, regulations, or restrictions
regarding the application of this Section or to otherwise provide clarification regarding the same,
through appropriate means, without the need for further Orders.
Executive Order No. 2021-11
Page 8
March 1, 2021
F. This Section shall not apply to buildings or structures, or portions thereof, that are
occupied or controlled by agencies, departments, officials, or employees of the Legislative or
Judicial Branches of the State of South Carolina, which shall be governed by their respective
orders, rules, or regulations.

Source:
https://governor.sc.gov/sites/default/files/Documents/Executive-Orders/2021-03-01%20FINAL%20Executive%20Order%20No.%202021-11%20-%20Modifying%20%20Amending%20Emergency%20Measures.pdf

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“E. This Section shall not be interpreted, applied, implemented, or construed in a manner so as to prohibit any county, municipality, or political subdivision of this State from promulgating guidelines regarding the use of Face Coverings by its employees or in government offices, buildings, and facilities that are consistent with guidance from DHEC or from implementing appropriate measures or undertaking efforts to “reasonably adhere[] to public health guidance” for purposes of the South Carolina COVID-19 Liability Immunity Act (R-39, S. 147).

Yes counties and municipalities can force their employees to wear masks, or for people to wear them in their buildings. Mentions nothing about ordinances impacting the public, or private businesses or buildings.

Oh, and the South Carolina COVID-19 Liability Immunity Act is what concerned the state Superintendent of Education and DHEC today:

Immunity from liability

SECTION 4. Notwithstanding any other provision of law, a covered entity or covered individual that reasonably adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs shall be entitled to immunity from liability for any acts or omissions resulting in a coronavirus claim. This immunity will not apply:
(1) for claims arising pursuant to SECTION 3(1)(b), if a claimant proves by a prepronderance of the evidence that the covered entity or covered individual caused the injury or damage by:
(a) grossly negligent, reckless, wilful, or intentional misconduct; or
(b) a failure to make any attempt to adhere to public health guidance; or
(2) for all other claims, if the claimant proves by clear and convincing evidence that the covered entity or covered individual caused the injury or damage by:
(a) grossly negligent, reckless, wilful, or intentional misconduct; or
(b) a failure to make any attempt to adhere to public health guidance.

So you don't have to wear a mask, even though DHEC recommends their use in schools, and the CDC still recommends their use in schools, but since the Gubnah says that doesn't matter, it opens the schools to liability. Which is why a waiver has been included in the DHEC form. That way they can at least inform the parent they're not liable if their kid brings home covid, as they're opting out of recommended public health guidance, thanks to the power-hungry governor's order. It's a freaking mess. Luckily cases are low and there's only two weeks left of school.

Oh, and by the way, the good gubnah one-upped DeSantis:
https://www.tampabay.com/news/education/2021/05/03/desantis-order-ending-local-mask-rules-does-not-apply-to-schools/

DeSantis order ending local mask rules does not apply to schools

Confusion over the governor’s executive orders Monday prompted the Department of Education to issue a clarification.

Gubnah Mack Master's superintendent of education

Re: Gubnah Mack Master's superintendent of education

I haven't kept up, but what's the big deal if some people

That's pretty much what the governor is doing...

Re: That's pretty much what the governor is doing...

Fair enough

Re: Fair enough

Re: Fair enough

Re: Fair enough

His prior EO "urged" them to enact mask mandates

Re: His prior EO "urged" them to enact mask mandates

He's creating a power to deny local governemnts a right

And yes, DHEC could go full-out China and round up

Re: And yes, DHEC could go full-out China and round up

But he didn't do that. Instead he said this

Re: But he didn't do that. Instead he said this

Re: But he didn't do that. Instead he said this

Re: But he didn't do that. Instead he said this

There's two weeks left in the school year

Again, I know very little. I think with the vaccine so

Re: Again, I know very little. I think with the vaccine so

Re: kids can't get the vaccine yet. those that will be able to

I think masks are beneficial when they are stopping the resp

edit...I think standard issue cloth/disposable masks are not

Re: Gubnah Mack Master's superintendent of education

Agree. Just keep them 2 more weeks. Then summer.

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