Anti-mask lawsuit refiled
A more concise version of the original conspiracy-laden lawsuit has been filed in federal court. Defendants had been dismissed from the ‘repetitive, verbose and argumentative’ first draft.
An anti-mask lawsuit being brought by a handful of Wyoming parents has been refiled after the initial complaint was deemed a “confused jumble” in the U.S. District Court of Wyoming.
The amended complaint is now 15 pages in length, significantly shorter than lawyer Nick Beduhn’s 128-page first attempt. The new complaint is more streamlined, having dropped several of its conspiratorial tangents that had accused Gov. Mark Gordon of being an “authoritarian” and “communist.”
But the lawsuit retains and re-alleges the assertion that Wyoming authorities exaggerated the threat posed by COVID-19 and that local preventative measures approved by school boards are unconstitutional and discriminatory.
“Defendants' policies have usurped and infringed on and currently threaten the rights of Petitioners and their children to privacy, dignity and free expression without the necessary showing of a compelling government interest in doing so,” the lawsuit alleges.
Notably, the lawsuit is brought by just eight of the original plaintiffs. Grace and Andy Smith — the daughter-father duo who led a public campaign against Albany County Schools’ mask mandate following Grace’s arrest in October — are no longer party to the suit.
Neither Andy Smith nor attorney Nick Beduhn responded to requests for comment.
Tiffany Leimback of Sheridan County is also not named as a plaintiff on the amended complaint. Jessica McComb is the only remaining Albany County resident among the plaintiffs.
Albany County School District No. 1 — and all other districts named by the suit — were dismissed from the lawsuit earlier. The school districts successfully argued that the original lawsuit failed to state its aims clearly or concisely.
The new filing is an attempt by some of the plaintiffs to rectify that failure.
The lawsuit asks the court for injunctive relief — imposing a permanent ban against the enforcement of mask mandates in Wyoming schools. The lawsuit also asks the court to find that the mask mandates are unconstitutional.
“Defendant(s)' violation of Petitioners' and their children's fundamental rights and liberty interests is causing and will continue to cause them to suffer irreparable harm for which there is no adequate remedy at law,” the suit alleges. “Enforcement of the mask mandates would cause irreparable harm by threatening Petitioners' children with substantial penalties for not complying with mask mandate restrictions.”
All of the mask mandates implemented by the school districts being sued have been rescinded. Most districts have moved to make face coverings optional in the classroom. But the lawsuit alleges that the temporary and controversial mask mandates were a harbinger of more intrusive government action in the works.
“Defendants' universal on again-off again mask, testing and quarantine policies set a precedent and foreshadowed an intention to impose a universal vaccine policy on Wyoming school children and staff,” the lawsuit states.
The lawsuit further alleges that Wyoming school districts will accomplish this through “test to stay” policies. The lawsuit falsely claims such a policy “mandates application of emergency use vaccines that are not fully approved by the FDA.” In actuality, “test to stay” is a strategy of contract tracing and repeated testing designed to allow students who are not vaccinated to stay in school during their quarantine period following an exposure.
The lawsuit also takes issue with the emergency use authorization the COVID-19 vaccines carry. “Emergency use” does not mean “unstudied,” nor does it mean corners were cut in the approval process.
The vaccines were rigorously tested before authorization, continue to be rigorously tested and monitored, and have been given to more than 60 percent of all living humans.
(Both the Moderna and Pfizer vaccines — by far the two most popular vaccines in the U.S. — have won full approval for adults. Pfizer has won full approval for everyone 16 or older.)
But the lawsuit alleges that requiring emergency-use-authorized vaccines — something no Wyoming school district has done — would be using students as “experimental human subjects.”
“Despite the science, the Defendants have all imposed policy mandates of EUA products, procedure and/or treatments requiring all students, staff and visitors to become experimental human subjects,” the lawsuit states.
Again, attaching the word “experimental” to the COVID-19 vaccine is simply inaccurate, given the scope and depth of research taking place, and the vaccines’ widespread use throughout the world.
As motive, the lawsuit alleges that Gov. Gordon’s state of emergency declaration only exists to secure access to federal funding, pointing to language in some of the governor’s statements that highlights the necessity of an emergency declaration “to take advantage of certain federal programs.”
“These violation(s) have occurred not because of any serious health threat to the Petitioners, or their children, but rather for the purpose (of) funding,” the lawsuit alleges. “Defendant school district(s) have shown a willingness to usurp Petitioners and their children's fundamental right and liberties to obtain more and more dollars.”
Overall, the lawsuit contends that no public health emergency exists, making any preventative action unnecessary. And having no “compelling interest,” the state is therefore unjustified in requiring anything — be it social distancing, masks or vaccines.
The COVID-19 pandemic has killed more than 800,000 residents of the United States and more than 5.5 million people worldwide. Since the anti-mask lawsuit was first filed in November, the Wyoming Department of Health has reported 476 additional deaths in Wyoming. In total, at least 1,650 Wyomingites have died.