Appeals court says ‘of course’ student attacked over mask mandate has standing to sue

In response to a student’s objections to her school district’s mask mandate during COVID, the district suspended her three times, told police to cite her for trespassing, then had her arrested and jailed.

So of course she has standing to sue of the treatment, according to an appeals court decision.

It is the 10th Circuit Court of Appeals, which oversees federal judges in Wyoming, that rejected and overturned a decision from Judge Nancy Freudenthal, who had dismissed the complaint from Grace Smith and her parents Andy and Erin Smith.

They sued the Albany County School District in August 2023 over its attacks over the mask demand.

Freudenthal claimed that Smith had no standing, so dismissed the action, a move that was reversed in a ruling from Harris Hartz, Gregory Phillips and Allison Eid of the 10th Circuit.

According to a report from the Cowboy State Daily, the judges wrote, “We are not persuaded” by Freudenthal’s claims.

The ruling explains when a government regulation forbids or requires some action by the plaintiff, she almost invariably can show she’s been harmed.

“Grace has easily met the requirements for standing. She alleges that the defendants repeatedly punished her for opposing the mask mandate. They suspended her three times and requested that local law enforcement issue her two trespassing citations, arrest her and take her to jail,” the appellate judges noted.

Smith, now a former Laramie High School student, now can continue her court battle against the school.

The Cowboy State Daily report noted, “Smith had refused to wear a mask, had declined to take virtual instead of in-person schooling, organized a walkout in protest of the mask mandate, was suspended for three different two-day stints, and was ultimately arrested for trespassing while at school.”

As a result of the school’s demands, “Police officers arrested and handcuffed Smith, drove her to the police station, booked her for trespassing, then released her to her father.”

She then withdrew from the school.

The report explains she has accused the school of violating her right to free speech by compelling her “to utter what was not in her mind” by wearing a mask.

Then, her claims include, there was retaliation by the school, and a violation of due process.