Grace Smith, a former student who was arrested for refusing to wear a mask at Laramie High School, can continue her lawsuit against the Albany County School District, according to a ruling Tuesday by the 10th Circuit Court of Appeals. The decision overturns a 2023 dismissal by a federal district court.
Smith’s lawsuit alleges the district violated her rights to free speech and due process by enforcing its mask mandate in 2021. She was suspended multiple times and arrested for trespassing after she refused to leave the school grounds during her protest.
The appellate court disagreed with U.S. District Court Senior Judge Nancy Freudenthal’s conclusion that Smith’s harms were self-inflicted. Freudenthal had argued Smith caused her own injuries by declining virtual classes and remaining on campus without a mask.
The 10th Circuit emphasized that Smith’s suspensions and arrest constitute sufficient harm to establish standing. “Grace has easily met the requirements for standing,” the ruling states, rejecting claims that her harms were voluntary.
The school district has argued that wearing a mask is not protected speech and that Smith’s due process claims lack merit. However, the appellate judges noted these arguments pertain to the substance of the case, not Smith’s right to bring it forward.
This ruling sends the case back to the U.S. District Court for further proceedings, reigniting debate over the balance between public health mandates and constitutional rights. Smith’s case could have wide-ranging implications for similar disputes across the country.
