LARAMIE, Wyo. — A federal appeals court has ruled that a lawsuit filed on behalf of a Wyoming high school student arrested during the COVID-19 pandemic for refusing to comply with a mask mandate may proceed, overturning a lower court’s dismissal of the case.
Grace Smith, who was 16 at the time and a junior at Laramie High School, was arrested for trespassing in 2021 after repeatedly refusing to wear a mask on campus as required by school policy. Smith, who also declined virtual classes as an alternative, was suspended three times before being taken into custody when she attempted to attend in-person classes again without a mask. Her father, Andy Smith, recorded the arrest and shared the video online, which quickly gained attention.
Following the arrest, Smith withdrew from the school, and her parents filed a lawsuit against Laramie High School, alleging that her First Amendment rights were violated and that the school retaliated against her for noncompliance.
In 2023, Senior U.S. District Court Judge Nancy Freudenthal dismissed the case, stating that Smith lacked standing, arguing that the harm she experienced was “self-inflicted.” However, the 10th U.S. Circuit Court of Appeals has now reversed that decision.
“We are not persuaded,” wrote a three-judge panel that included appointees from Presidents Barack Obama, George W. Bush, and Donald Trump. The panel found that Smith did have standing to pursue her claims.
The lawsuit, now allowed to proceed, could have broader implications for how schools and government entities enforced public health measures during the pandemic.
Appeals court decision revives lawsuit over Laramie High School mask mandate arrest.
