CASPER — A federal judge has once again dismissed the wide-ranging vaccine mandate lawsuit originally led by Grace Smith, the Laramie high schooler arrested for trespassing in October after returning to school while suspended for refusing to wear a mask on campus.
The plaintiffs in the case failed to meet a deadline to respond to seven motions to dismiss filed by defendants in the case on Feb. 10. Those include filings from five school districts, the Wyoming Department of Health and an intervenor representing Albany County families in favor of the health measures the suit targets.
The original complaint in the lawsuit was 128 pages, and was dismissed in January after U.S. District Judge Nancy Freudenthal ruled it did not adequately state a cause of action and failed to follow federal filing rules. A 15-page amended complaint was filed later that month.
The suit sought a jury trial to decide claims of fraud against state officials, and an injunction against any mandates or COVID policies concerning masks, social distancing, testing or quarantines.
“This is the second time that Plaintiffs have failed to timely respond to several motions to dismiss, despite this Court’s orders reminding them of the briefing deadlines ... and warning that the Court would consider future motions deemed confessed for lack of timely response,” Freudenthal’s ruling on Monday stated.
Three of the suit’s 11 plaintiffs have also left the suit since it was originally filed, court records show — including Smith and her father.
The attorney representing them, Nick Beduhn, declined to comment on the case on Tuesday.
The suit alleges that Wyoming extended its public health emergency related to the COVID-19 pandemic longer than needed in an effort to obtain federal money. Gov. Mark Gordon announced Monday that the emergency is set to be lifted on Mar. 14.
The lawsuit also targets mask mandates and other COVID measures enacted by school districts across the state, including those in Sheridan, Albany, Laramie and Goshen counties.
Parents of children aged 4 to 17 years old said their kids were bullied or harassed for not complying with masking, and in some cases suffered anxiety attacks or headaches from wearing masks for prolonged periods.
Those school districts, Sweetwater County School District, the state health department and health officers were dismissed without prejudice on Monday. That means the suit may be brought again if the plaintiffs choose.
According to Freudenthal’s ruling, the governor, a handful of county health officers and the Uinta County School District have not been served in time. They may be dismissed from the case if the defendants don’t file proof or waiver of service by Mar. 7, or later in April for those in Uinta County.
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