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Laramie student’s COVID-19 mask lawsuit dismissed again

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By
Andrew Graham with WyoFile, via the Wyoming News Exchange

FROM WYOFILE: 

Two Wyoming federal judges have now dismissed Grace Smith’s lawsuit over pandemic-era mask policies, finding she broke lawful rules and has no standing to sue.

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.”

WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.

This story was posted on May 28, 2025.  

 

 

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