Grace Smith, a former student at Laramie High School, has been given the green light to continue her lawsuit against the Albany County School District after a federal appeals court reversed a prior dismissal. Smith was arrested in 2021 for refusing to wear a mask at school, an act she says was a protest against what she viewed as an unconstitutional policy.
The 10th Circuit Court of Appeals ruled Tuesday that Smith has standing to sue, rejecting the 2023 decision by U.S. District Court Senior Judge Nancy Freudenthal. Freudenthal argued that Smith’s actions, including her refusal to leave school property and subsequent withdrawal, were self-inflicted harms.
Smith’s lawsuit claims the district violated her free speech rights, retaliated against her for protesting, and denied her due process. She faced three suspensions and was arrested for trespassing after she refused to comply with the mask mandate.
The appellate judges were not persuaded by the lower court’s reasoning, stating, “When a government regulation forbids or requires some action by the plaintiff, she almost invariably can show she’s been harmed.” The court emphasized that the district’s punishments, including suspension and arrest, are sufficient grounds for Smith to proceed.
The Albany County School District argued that mask-wearing is not a form of protected speech and that its actions did not violate Smith’s due process rights. However, the appellate court’s decision focused on Smith’s standing rather than the merits of the district’s arguments.
Smith’s case will now return to the U.S. District Court for further proceedings. The decision renews discussions about the balance between public health mandates and individual constitutional rights, particularly in educational settings.
This case could have significant implications for how schools and government agencies address dissent against public health policies in the future.
