Wyo LARAMIE.A federal appeals court has overturned a lower court’s decision to reject a complaint brought on behalf of a high school student in Wyoming who was arrested during the COVID-19 outbreak for refusing to follow a mask mandate.
After frequently refusing to wear a mask on campus as required by school policy, 16-year-old Grace Smith, a junior at Laramie High School, was arrested for trespassing in 2021. When Smith tried to attend in-person classes without a mask again, she was arrested after receiving three suspensions. Smith also turned down virtual lessons as an alternative. Andy Smith, her father, took a video of the arrest and posted it online, where it immediately became popular.
Smith left Laramie High School after being arrested, and her parents sued the school, claiming that the school had violated her First Amendment rights and had retaliated against her for not complying.
Judge Nancy Freudenthal of the Senior U.S. District Court dismissed the complaint in 2023, ruling that Smith lacked standing because she had self-inflicted the injuries. The 10th U.S. Circuit Court of Appeals has now overturned that ruling, though.
A three-judge panel comprising nominees from Presidents Donald Trump, George W. Bush, and Barack Obama wrote, “We are not persuaded.” Smith did have standing to pursue her claims, the panel concluded.
Now that the lawsuit has been granted permission to proceed, it may have wider ramifications for how government agencies and educational institutions implemented public health protocols throughout the pandemic.
The lawsuit over the mask required arrest at Laramie High School has been revived by an appeals court ruling.
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