Court Revives Lawsuit Of Wyoming Student Arrested Over Mask Protest

Grace Smith, a former student at Laramie High School in Wyoming, has won the right to continue her lawsuit against the Albany County School District after a federal appeals court overturned a lower court’s dismissal of her case. Smith was arrested in 2021 for refusing to comply with the school’s mask mandate, an incident that sparked a legal battle over her constitutional rights.

The 10th Circuit Court of Appeals ruled Tuesday that Smith has standing to sue, rejecting the earlier decision by U.S. District Court Senior Judge Nancy Freudenthal, who dismissed the case in 2023. Freudenthal had argued that Smith’s claims of harm were “self-inflicted” because she chose to stay on campus without wearing a mask and later withdrew from school voluntarily.

Smith alleges that the district violated her free speech rights by forcing her to comply with the mask mandate, retaliated against her for protesting, and denied her due process. She was suspended multiple times and eventually arrested for trespassing after refusing to leave school property. Smith and her parents filed the lawsuit in federal court in August 2023.

The appellate judges disagreed with the lower court’s reasoning, stating, “Grace has easily met the requirements for standing.” The court noted that Smith faced significant consequences, including three suspensions and an arrest, which constitute harm caused by the district’s actions.

The Albany County School District argued that wearing or not wearing a mask is not protected speech and that Smith failed to prove a violation of due process. However, the appellate court emphasized that the question of standing—not the merits of the case—was the issue at hand.

Smith’s case will now return to the U.S. District Court for further proceedings. The appellate court’s decision underscores the broader debate over mask mandates and the balance between public health measures and individual rights.

This revived lawsuit represents another chapter in the ongoing national discussion over government mandates and the rights of citizens to protest policies they view as overreaching.