The 10th Circuit Court of Appeals has revived Grace Smith’s lawsuit against the Albany County School District after ruling that her case had been improperly dismissed. Smith was arrested in 2021 after refusing to comply with her school’s mask mandate, a policy she publicly protested.
The appellate court overturned the 2023 decision by U.S. District Court Senior Judge Nancy Freudenthal, who had dismissed Smith’s case. Freudenthal argued that Smith’s decision to remain on school grounds and reject virtual learning rendered her harm self-inflicted.
Smith’s lawsuit, filed in federal court, alleges the school district compelled her to wear a mask against her beliefs, retaliated by suspending her three times, and violated her due process rights. She was arrested for trespassing after refusing to leave campus.
The appellate judges rejected the district court’s reasoning, stating that the actions taken by the school district constituted harm sufficient to give Smith standing. “Grace has easily met the requirements for standing,” the court wrote.
The Albany County School District has countered that mask compliance is not protected speech and disputes the claims of due process violations. These arguments will now be addressed as the case returns to the lower court.
Smith’s revived case underscores the broader tension between government mandates and personal freedoms, particularly in schools. As the lawsuit progresses, it may set important legal precedents regarding the limits of public health policies.
