Clemmons, 112818 SCAGO, AGO 3105

• Case Date: November 28, 2018
• Court: South Carolina

The Honorable Alan D. Clemmons AGO 3105 No. 3105 South Carolina Attorney General Opinions State of South Carolina Office of the Attorney General November 28, 2018          The Honorable Alan D. Clemmons          Chairman, Rules Committee          South Carolina House of Representatives          P.O. Box 11867          Columbia, SC 29211          Alan Wilson, Attorney General          Dear Chairman Clemmons:          You have asked for our opinion as to whether there is any prohibition with respect to the Governor ordering state employees not to do business with a company which discriminates against the State of Israel. You note that "[t]he virtual short-term rental property platform, Airbnb announced yesterday that it will no longer offer rental property listing of Jewish homes in the Israeli territories of Judea and Samaria." You reference § 11-35-5300 as setting forth the State's policy prohibiting state agencies and political subdivisions from doing business with companies which discriminate on the basis of religion or national origin. In addition you have enclosed an article from the Wall Street Journal authored by a professor at George Mason University's School of Law, dated November 25, 2018, ("Airbnb's Anti-Israel Hypocrisy") which states:

[u]nder Airbnb's policy, an American Jew with a rental property in the West Bank is barred from listing it for rent on the website. But an American Arab is welcome to list his home a few hundred meters away, even though the Palestinian law forbidding real estate deals with Jews carries a maximum penalty of death. That openly racist policy doesn't trigger Airbnb's delisting policy.

See www.wsj.com/articles/airbnbs-anti-Israel-hypocrisy-1543175767.          Law/Analysis          S.C. Code Ann. § 1 l-35-5300(A) provides that:

(A) A public entity may not enter into a contract with a business to acquire or dispose of supplies, services, information technology, or construction unless the contract includes a representation that the business is not currently engaged in, and an agreement that the

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