'Grace Smith' bill allows any exemption for masks, vaccines
If passed, the bill would effectively crater a school district’s ability to enforce either of the two most effective precautions against the spread of COVID-19 — or of any other communicable disease.
A Laramie teenager could be memorialized in a state law bearing her name, if the proposed Grace Smith Medical Freedom Act passes this week’s special session.
The act would allow the parent or guardian of any student to receive an exemption from a school district’s mask or vaccine mandate. The bill does not make a distinction between COVID-19 and other vaccines; if passed, the law will require school districts to exempt any student — for any reason — from any vaccine requirement.
“All exemptions should be granted as long as the person making the request is the child's parent or legal guardian,” said Rep. Ocean Andrew (HD-46), the local state lawmaker who is co-sponsoring the bill.
Smith was arrested earlier this month for trespassing at Laramie High School. She had been suspended multiple times for refusing to obey the school district’s mask mandate and was then arrested when she refused to leave campus.
The story was picked up — and Grace Smith was celebrated — by a host of right-wing figures, from Wyoming Senator Anthony Bouchard (SD-06) to Breitbart founder and former White House strategist Steve Bannon. The Medical Freedom Act is the latest instance of Smith’s story being used as a rallying cry for a political faction opposed to mask mandates and vaccine requirements.
The special session this week was called for the express purpose of responding to and fighting imminent federal vaccine mandates for large employers.
Masks are effective at reducing transmission of COVID-19. Albany County School Board members explicitly cited both the recent studies backing that claim and the need to foster a safe school environment when they passed their mask policy, and again when they voted to extend it.
Vaccines are also highly effective at protecting against COVID-19. Those who are vaccinated are significantly less likely to be hospitalized or die from the virus. While schools across Wyoming have long required a battery of other vaccines for their students, right-wing media and politicians have politicized COVID-19 public health measures throughout the pandemic, and no Wyoming school district or college has required a COVID-19 vaccine.
Wyoming is one of the least vaccinated states and one of the worst COVID-19 hotspots in the country — two statistics that are not only correlated, but also correlated with the state’s deep red political lean.
Andrew was not worried about stripping local school boards of their authority, nor about undermining public health measures. For the representative, personal choice takes precedence.
“The school board can make their intentions clear, however, when we allow school boards to have the ultimate authority when it comes to students’ healthcare decisions, we undermine individual rights,” he said. “We need a way to protect the rights of parents and legal guardians to make healthcare decisions for their own children.”
State law currently allows for religious and medical exemptions to vaccine requirements. Albany County School District No. 1 specifies acceptable medical exemptions in a decision tree available online. In most instances, the threat posed by COVID-19 outweighs the downsides to wearing a mask for students. If a child is unable to independently remove their own mask, the district’s decision tree states a mask should not be worn, but recommends seriously considering virtual learning options.
The Grace Smith Medical Freedom Act is not the only bill proposed by Albany County legislators. Senator Chris Rothfuss (SD-09) and Rep. Cathy Connolly (HD-13) are co-sponsoring a pair of bills that would offer some protection for employees. House Bill/Senate Files 1013 and 1018 would ensure that individuals who voluntarily leave a job due to an employer’s failure to comply with COVID-19 prevention measures still have access to unemployment insurance.
Typically, those who voluntarily leave a job cannot collect unemployment.
A bill co-sponsored by Rep. Trey Sherwood (HD-14) would create a vaccine incentive program for state employees. House Bill 1015 would award $1,000 to every state employee who has been or becomes fully vaccinated.