For the second time, a U.S. District Court of Wyoming judge has dismissed a lawsuit from the parents of former Laramie High School student Grace Smith over classroom mask mandates during the pandemic.
Judge Kelly Rankin dismissed each of the Smiths’ three federal claims as invalid, echoing a decision issued in 2023 by a different federal judge. In that dismissal, Judge Nancy Freudenthal found any suffering by Smith was “self-inflicted,” as she trespassed voluntarily during a protest, opted out of a virtual education offered to non-mask wearers and left school altogether.
In November 2024, a federal appeals court in Denver ordered Freudenthal’s dismissal reconsidered.
But in a decision issued Tuesday, Rankin like Freudenthal concluded Smith had violated lawful orders during the pandemic and did not have a case against the Albany County School District 1 board and other officials. Smith was suspended several times, cited and ultimately arrested for trespassing when she refused to comply with the mask rules or leave the school’s campus.
Rankin did not rule on three claims Smith made under state law, saying he did not want to intervene in a matter best left to Wyoming’s courts. It’s uncertain if Smith’s family will bring a fresh case in state court. They first sued the school district in the Albany County District Court before all parties involved agreed to move the case into federal court.
A WyoFile email sent to the Smiths through their website did not receive an immediate response Wednesday.
Among other arguments, the Smith family sought to make the case that being forced to wear a mask was a violation of their daughter’s free speech rights, as she did not agree with the government’s public health measures during the COVID-19 pandemic. Rankin disagreed.
“Following this logic, driving on the right side of the road is speech because it signifies agreement with traffic laws,” he wrote. “By the same token, noncompliance frequently signals disagreement, but driving on the left side of the road is still illegal in the United States.”
Smith’s arrest, which she filmed, drew widespread publicity amid the tense politics of the pandemic. Within a week and following national attention from conservative news outlets and politicians, the family raised more than $75,000 for legal fees, according to The Laramie Reporter.
School board member Nate Martin, who was named as one of the plaintiffs, called the lawsuit a waste of time and taxpayer dollars.
“It was ludicrous and juvenile and kind of a petty plea for attention from the beginning,” Martin said. “Hopefully, this is the last we’ll hear about it.”
“It was ludicrous and juvenile and kind of a petty plea for attention from the beginning,” Martin said. “Hopefully, this is the last we’ll hear about it.”
You bet. Imagine if it was Martin’s kid in this situation. His case would’ve
gone all the way to the Supreme Court to correct this social injustice, with
Liz Storer writing the checks all the way.
This was the right decision the first time. It’s a shame that the Smiths insist upon wasting taxpayers’ time and money. While Grace does enjoy the protections of the First Amendment, she is not entitled to disobey lawful rules. Committing trespass is not protected speech. Hopefully, she learned a civics lesson, even if she wasn’t in school to hear it.
I’m betting that Grace and her mother vote against their own rights as women but chose legal action against a mask mandate. Sadly, our country had no leadership during covid. I witnessed the president say it was a democratic hoax. Instead of a mature common sense approach, he put everyone at odds with his ignorant rhetoric. Looking back it’s easy to see the mistakes that were made. To begin with the president could have reminded the public what our mothers and grandmothers taught us (well, some of us anyway) as to wash your hands, stay home if you’re sick. Even financially it was wasteful, I know maga folks that happily took thousands of dollars in covid money without batting an eye. None of them would have starved without it. I took what was sent to me, nothing that I would have applied for even though I could have. It’s the working poor who suffered with all this lack of common sense. I’m also betting the Smiths didn’t have to go to the food bank during covid. Grace doesn’t have enough life experience to take a stand like this but her parents do. So Grace, you’re upset about wearing a mask, but you’re not upset about the christian nationalists taking away your rights as a women?
I mean no disrespect, it’s just puzzling to me.
Good morning, thank you for continued following of this issue(s) but $75,000.00 is not by no way a drop in the bucket for me.
We always seem to desire that our youth get more involved in our legal and political scene AND with the support of the family, friends and community and when it does it appears “IF” it is not “in line” it’s considered a waste of time and resources.
OR is this legal/justice system presented does not want or entertain for “their day in court” because the outcome or jury VERDICT will be in their behalf of justice and that is not the justice wanted by authoritism, so STOP it from the start and “We the people” are unserved by our ELECTED servants within this Republic engaging tyranny in the name of “LAW” negating the People’s voice is what you are reporting on an example of “JUST-US or JUSTICE… COINCIDENCE or TACTIC
Again WYOFILE thank you for the/your example to exercise our FIRST AMENDMENT with tyranny just a door knock to remove/eliminate it in milliseconds in the name of JUST____ and or “public safety” … SEMPER FI!
Is it ironic that we are actually under a president that truly embraces everything you think a simple public safety “mask mandate” represents? The student had options offered that would meet their (or their parents) political ideology and chose not to take it and to instead, break the law. That “choice” does not give them the right to infringe on everyone else’s rights.
You can’t willingly break the law (just because you disagree with it), be given consequences (that you knew about) and then sue because you CHOSE the consequences.
Public safety?
ZERO children under 18 years of age in Wyoming died from COVID.
Numerous studies have shown how detrimental masks and lockdowns were to childhood development during Covid.
A budding right wing provocateur’s career fizzles out before it begins. The Outrage Industry couldn’t generate enough tv spots and “Stand with Grace” merch sales to keep the grift going. Perhaps the Freedom Caucus can cut a big taxpayer-funded check for the crimes committed, like Trump is doing for the Babbitts. The Smith tantrum was never a serious legal matter; it was always performance art in search of a payday.
Blatant attempt at a cash grab lawsuit and attention from right wing media. Glad it was dismissed.
Are civil rights lawsuits only admirable when they are from a left perspective???
You can play the left/right nonsense all you like. If you aren’t capable of recognizing attention seeking stupidity then that’s on you.
She was given alternative options to avoid damaging her delicate sensibilities in regards to wearing a mask. She refused. She wanted special treatment and didn’t receive it. She took her victim mentality on tour to appeal to folks who equate mask mandates to the civil rights movement.
She apparently succeeded with some people, but not with the courts. Feel free to donate to her cause if it makes you feel better.
Succinctly and clearly stated, Chuck.