Rutherford, 110220 SCAGO, AGO 2375

• Case Date: November 02, 2020
• Court: South Carolina

The Honorable Todd Rutherford AGO 2375 No. 2375 South Carolina Attorney General Opinion State of South Carolina Office of the Attorney General November 2, 2020          Alan Wilson, ATTORNEY GENERAL          The Honorable Todd Rutherford          Member          South Carolina House of Representatives          335-B Blatt Building          Columbia, South Carolina 29201          Dear Representative Rutherford:          We received your letter requesting an opinion regarding Executive Order 2020-50 (the "Executive Order") issued by the Governor on August 2,2020. The Executive Order pertained to the ongoing state of emergency declared by Governor Henry McMaster due to the Covid-19 pandemic. Specifically, you refer to a portion of the Executive Order prohibiting and dispersing the congregation or gathering of people. By way of background, you informed us that the City of Columbia enacted an ordinance, Ordinance 2020-077, which you state "penalizes landlords for the conduct of their tenants, including the tenant's failure to comply with the Executive Order." Thus, you ask the following questions regarding the scope of the Executive Order:

1. Whether law enforcement can enforce the order and disperse gatherings of three or more in a house?

2. If not, whether the Executive Order requires all people to occupy or reside in the house?

3. In determining if a person is in their house, what differentiates between the status of the tenant or the owner?

4. If not, does a tenant, i.e. a non-owner occupying and/or residing in a premises with the express permission of the owner, include within the meaning of "their houses"?

         Law/Analysis          The Executive Order contains restrictions on gatherings that for example limit mass gatherings to fifty percent (50%) of the locations occupancy limit as determined by the fire marshal or two ^ hundred and fifty (250) persons, whichever is less. Exec. Order of the S.C. Gov. No. 2020-50 § 4. The order defines "gatherings" for purposes of the order under section 4C and includes planned and spontaneous events occurring inside or outside. Id The Executive Order also includes an enforcement provision in section 14, which you cite to in your letter. Exec. Order of the S.C. Gov. No. 2020-50 § 14. This provision states:

A. I hereby authorize any and all law enforcement officers of the State, or any political subdivision thereof, to do whatever may be deemed necessary to maintain peace and good order during the State of Emergency and to enforce the provisions of this Order and any prior or future Orders issued by the undersigned in connection with the State of Emergency.

B. I hereby authorize, order, and direct any and all enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless authorized or in their

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