ACLU of South Carolina

Update on September’s Activities

Thank you for navigating to the ACLU of South Carolina’s Supporter Update on September’s activities. Below, find some highlights of our work over the last month. Thank you for making this work possible.

In the Affiliate

Solidarity to Frank Knaack: We extend our deepest gratitude to outgoing Executive Director Frank Knaack and wish him well as he begins a new position with the ACLU of New Hampshire. Some of the ACLU of South Carolina’s accomplishments under Frank’s leadership include co-launching the Charleston People’s Budget Coalition, contacting nearly 100,000 Charleston County voters and informing them of the contrasting policy positions of candidates for Charleston County Sheriff, passing a bill that ends inhumane practice of shackling pregnant people who are incarcerated, expanding access to the ballot and defending access to the polls during the historic 2020 election, and more. Karen Dudley-Culbreath, Director of People and Operations, will serve as Interim Executive Director while we conduct a nationwide search for our next Executive Director. We are grateful for all that Frank made possible for our work and know that we will continue to flourish under Karen’s leadership.

In the Courts

Preliminary Injunction Secured for South Carolina’s Ban on School Mask Mandates: In late August, we, along with several partners, filed a federal lawsuit challenging a South Carolina budget proviso that bans school districts from imposing mask mandates in schools. We argued that mask mandates are a reasonable accommodation under the Americans with Disabilities Act and that they are, in many cases, necessary to ensure that children with disabilities are not excluded from the classroom. 

Last week, a federal district court agreed and granted our request to block South Carolina’s ban on mask mandates in schools. The court ruled that South Carolina’s prohibition on mask mandates unlawfully discriminates against students with disabilities by preventing schools from complying with their obligations under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Court explained that just as the legislature is prohibited from outlawing wheelchair ramps or ASL interpreters, it cannot outlaw mask mandates during a global pandemic.

Governor McMaster has appealed this ruling and has promised to fight the case all the way to the U.S. Supreme Court. We’re grateful that the Court sent a clear signal that elected officials cannot sacrifice the health and safety of students with disabilities for the convenience of others. We believe that the Court’s ruling was correct, and we won’t stop fighting for our clients’ rights to safely attend public school.

In the Legislature

Advocating for Juvenile Justice Reform Act: Last week, ACLU Legal Fellow Joshua Malkin testified before the South Carolina Joint Citizens and Legislative Committee on Children. Joshua highlighted the well-documented disturbing conditions in Department of Juvenile Justice facilities across the state and shared information with committee leaders about the Juvenile Justice Reform Act. 

The Juvenile Justice Reform Act would combat conditions in Department of Juvenile Justice facilities by providing greater protections and rights to youth who encounter the juvenile justice system and through treating youth in juvenile justice custody with more humanity. Some aspects of the Juvenile Justice Reform Act which we support includes its focus on community-based interventions, an expanded access to diversionary programs, the creation of a "Children Bill of Rights" for youth who are system-involved, and its abolishing of the use of solitary confinement for children. We look forward to continued momentum of this bill during the next legislative session in January. 

In the Community

Letter Urging Recommendations to End NCPD’s Racially Disparate Policing Practices: We recently joined North Charleston advocates in sending a letter to City of North Charleston leaders urging that recommendations to effectively end the North Charleston Police Department’s racially disparate policing practices be included in the upcoming Racial Bias Assessment of NCPD. This assessment currently recognizes that NCPD officers disproportionately stop, cite, arrest, and use force against Black residents, but more needs to be done to ensure that the recommendations made are sufficient to improve public safety practices in North Charleston. Our letter makes several recommendations, including forming an independent body that is responsive to public input to oversee the implementations of the audit recommendations, requiring the NCPD to regularly publish data regarding its activities, proposing alternative responders for calls involving people in crises and experiencing homelessness, and more. Read our full letter here.

Get Out the Vote Efforts in Orangeburg County: The City of Orangeburg had its mayoral election last month. This election is an anomaly in that it is the only municipality within Orangeburg County that has its mayoral election in September, as opposed to November. We worked with partners to educate City of Orangeburg residents about how to register to vote, the process to vote absentee, and the importance of voting in municipal elections, and we were heartened that our efforts resulted in more than 900 residents voting in the off-year, local election. 

Demanding an Independent Investigation into Police Response to Charleston Protest: In late July, ACLU Legal Observers witnessed the Charleston Police Department engage in police violence against community members peacefully protesting downtown. A recent letter we sent outlines our concerns around CPD’s actions that evening. The letter also presents City of Charleston leaders with a list of steps the City can take to ensure that the fundamental right to protest is protected and outlines constitutional concerns with CPD’s actions. In the wake of a national uprising against racism and police violence, we are increasingly seeing law enforcement respond to protests against police violence with more violence. City leaders must ensure this troubling trend stops. Read our full letter here.

In the News

Ban on School Mask Mandates:

Freedom to Protest:

In the Affiliate:

Reimagining Public Safety:

Response to COVID-19:

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