SC health officials feel they can legally require masks but can’t enforce it.

Department of Health and Environmental Control director Dr. Edward Simmer said the media, lawmakers and the public have inquired about the authority to mandate masks in schools.

After careful legal analysis of the governing statutes and extensive internal consideration, Summer said, the DHEC board decided it has the authority to:

• Respond quickly to situations or outbreaks where rapid action is needed.

• Take steps to prevent immediate, imminent danger to local families.

The situation in each school district is different.

Issuing a statewide order that applies to every school would be enforceable but if it would withstand legal challenge is not realistic.

This raises important constitutional concerns.

Should unelected officials be able to mandate such orders without the aproval of elected officials such as the governor. Other critics ask how health officials know masks will halt an outbreak.

Some scientists argue cotton masks are relatively worthless in prevention.

Dr. Simmer said without enforcement, such orders are unnecessary.

“Trying to write one order that would fit every school district would be, I think, next to impossible”.

The 2nd challenge, Simmer said, is enforcement.

“Proviso 1.108 is clear that we cannot use school district personnel or anyone funded with state funds to enforce a requirement to wear masks,” he said.

“Who’s mostly watching the children are teachers, principals and other people in the school, all of whom are funded with state funds.”

“I don’t believe it’s appropriate to write an order you can’t enforce.”

Should an outbreak in a school or school district warrant, DHEC may consider issuing a public health order for masks on a by-location basis.

This would be a temporary action based on the latest evidence and the situation at the school or school district and with the intent to protect children, staff, and others from severe illness or even death

However, such an order could not be enforced by school employees.

“We have the authority,” Dr. Simmer said.

“But from a practical standpoint if we can’t enforce the order, then it’s not a good idea to issue one.”