ACLU of South Carolina

Update on August’s Activities

Thank you for navigating to the ACLU of South Carolina’s Supporter Update on August’s activities. Below, find some highlights of our work over the last month. As always, do not hesitate to reach out to your contact at the ACLU with any questions or concerns. Thank you for making this work possible.

In the Courts

Challenging South Carolina’s Ban on School Mask Mandates: Late last month, we announced that the ACLU of South Carolina, along with our partners, filed a federal lawsuit challenging a South Carolina law that bans school districts from imposing mask mandates in schools. We’re representing parents and students whose underlying health condition or disability make them particularly vulnerable to severe illness from COVID-19. Not only is this law wrong, but it also violates the Americans with Disabilities Act and the Rehabilitation Act.

Earlier this summer, the South Carolina legislature tacked a provision to the general appropriations bill that barred school districts from using state funds to require face masks in schools. Our lawsuit argues that the enforcement of this provision places all students, teachers, staff, and their families at risk, and discriminates against children with medical conditions or disabilities because COVID-19 puts them at higher risk for severe illness, lingering disabilities, or even death. This law illegally and unconscionably forces parents to choose between their child’s health and their child’s education, and effectively excludes students with disabilities from public schools.

The pandemic continues to ravage our state and this budget proviso puts the most vulnerable students at even higher risk. We’re asking the courts to declare that this provision violates the ADA and Section 504 of the Rehabilitation Act and order the state to allow school districts to adopt mask mandates for their students and staff. Read more about our lawsuit here.

In the Legislature

Preparing for Redistricting: In early August, the U.S. Census Bureau provided the 50 states, the District of Columbia, and Puerto Rico with population counts to use in their redrawing of the electoral district boundaries for representation at various levels of government – a process known as “redistricting.”

As the once-in-a-decade redistricting process begins in our state, elected officials have an obligation to ensure that the electoral district boundaries in South Carolina are not sacrificed to self-interest and political parties in the redistricting process. Not only does redistricting play a role in the design of the district boundaries for South Carolina congressional, state legislative, and local offices, it plays a vital role in our communities and will affect our day to day lives for the next decade. The drawing of district lines can dictate not only who runs for public office and who is elected, but also how financial resources are allocated for schools, hospitals, roads, and more.

Along with the far-reaching consequences gerrymandering can have on our everyday lives, improper redistricting can result in unequal representation in our voting districts, the dilution of the full voting power of minority voters, and fractured communities. We’re building up our team to ensure that South Carolina’s redistricting process results in fair maps. We’ve recently posted for a Redistricting Attorney position who will support our efforts to make the redistricting process as fair and transparent as possible.  As redistricting takes place across the state, the ACLU of South Carolina will continue to work to ensure that our politicians heed the fundamental principles of democracy, representation, and equality.

In the Community

North Charleston Police Department’s Racial Bias Audit: In September 2020, after years of advocacy from the community, the City of North Charleston announced plans to contract with a nonprofit research and analysis organization to conduct a racial bias audit of the North Charleston Police Department. The preliminary report of these findings was released in July 2021 and found deep racial disparities in the North Charleston Police Department. Concerningly, this preliminary report included limited public outreach and low engagement of North Charleston residents. After North Charleston elected leaders themselves acknowledged the need for the city and firm conducting the audit to more deeply engage their constituents, we worked with community partners throughout the summer to involve the community in finalizing the report. In mid-August, we were successful in lengthening the period for the public to submit comments on the report until the end of September.

While we support this audit, we recognize its inherent shortcomings. This audit examines how the police operate, rather than why. Similar audits from around the country, including one in the City of Charleston, have shown stark racial disparities in policing and a limited, if any, reduction in these racial disparities in the months and years following the audit. We support procedural reforms in policing but will continue to work towards a community-centered vision for public safety–one that truly empowers and promotes fair and just communities.

In the Media

Freedom to Protest:

Response to COVID-19:

Redistricting:

Reimagining Public Safety:

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People Power

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