Grace Smith, a former Wyoming high school student arrested for refusing to wear a mask, has won an important legal victory after a federal appeals court ruled her lawsuit against the Albany County School District can proceed. The court overturned a lower court decision that had dismissed her case in 2023.
Smith’s legal challenge stems from her suspension and arrest during a 2021 protest against her school’s mask mandate. She alleges the district violated her constitutional rights by compelling her to wear a mask, retaliating against her protests, and failing to provide due process.
The 10th Circuit Court of Appeals ruled Tuesday that Smith has standing to sue, stating, “She alleges that the defendants repeatedly punished her for opposing the mask mandate.” The court noted that Smith’s suspensions and arrest clearly show harm caused by the district’s actions.
The lower court, led by Judge Nancy Freudenthal, had dismissed the case, arguing Smith’s harms were self-inflicted since she chose not to comply with the mandate or attend virtual classes. The appellate judges rejected that reasoning, stating the harm resulted from the district’s enforcement of its policies.
The school district contends that mask-wearing is not protected speech and that Smith’s claims lack merit. However, the appellate court clarified its decision focused solely on whether Smith has standing to bring the case, leaving other issues to be addressed in further proceedings.
This revived lawsuit highlights ongoing debates over public health mandates and individual freedoms. Smith’s case could set a significant precedent for addressing constitutional challenges to government policies in schools.
