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High School Student Arrested for Refusing to Adhere to Mask Mandate
Townhall.com ^ | 10 October A.D. 2021 | Landon Mott

Posted on 10/10/2021 6:25:37 PM PDT by lightman

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To: taxcontrol
Title is incorrect. She was arrested for criminal trespass. When she refused to wear the mask, school authorities told her to leave. When she refused to leave, after being notified by the LEO that should would be arrested if she did not leave, she was arrested for the trespass.

And how is it trespass if she has the right to be there? She's an enrolled student, is she not? Wouldn't she have gotten a truancy charge if she decided to skip those classes?
41 posted on 10/11/2021 8:46:51 AM PDT by Svartalfiar
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To: taxcontrol
She wasn’t criminally trespassed until she refused the LEO notice of trespass. Had she left the property, she would not have been arrested.

Had she left the property, she'd have likely been arrested for truancy for not being in class.
42 posted on 10/11/2021 8:50:48 AM PDT by Svartalfiar
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To: Svartalfiar

She did not have the right to be there. A school is restricted public property. It is not public access. She was notified that she need to wear a mask to be on the property.

No, truancy would not have been in play. Especially since Covid, many schools have the option for on line learning.


43 posted on 10/11/2021 8:52:19 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: Svartalfiar

Highly unlikely and certainly not by the LEO who issued her the notice of trespass. Many schools have on line education options for those who are unable to attend.

Further, Wyoming code section 21-4-102 subsection (a iii) specifically states - The child has been legally excluded from the regular schools pursuant to the provisions of W.S. 21-4-306.

I would assert that a notice of criminal trespass qualifies as “legally excluded”.

In subsection B of the same code. It also states that homeschooling is an option.


44 posted on 10/11/2021 8:58:25 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: lightman

And meanwhile they release a punk who shot up a school


45 posted on 10/11/2021 9:12:06 AM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
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To: taxcontrol

It’s not that simple. Just because someone says it’s a rule doesn’t make it lawful. She and her parents values her constitutional rights. Her rights were violated. She consulted her attorney and determined she was within her right and decided she will not surrender or give up any of her rights. Legal challenges across multiple state court districts have ruled schools cannot require masks.This is not a valid trespassing situation. Schools cannot require masks. US Constitution is not void where prohibited by a school board. Police took an oath to uphold the constitution. Hope you learn something.


46 posted on 10/11/2021 9:19:51 AM PDT by conservative98
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To: conservative98

The socialists can count on the cooperation of closet nazis to enforce their unconstitutional mandates and selectively prosecute. Several sadly are on this thread.


47 posted on 10/11/2021 9:28:19 AM PDT by antceecee
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To: antceecee

Correct! Where are the cops standing up for the Constitution they swore to defend?


48 posted on 10/11/2021 9:31:34 AM PDT by conservative98
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To: taxcontrol
Further, Wyoming code section 21-4-102 subsection (a iii) specifically states - The child has been legally excluded from the regular schools pursuant to the provisions of W.S. 21-4-306.

You're missing parts of that code there. Yes, -306 makes an exception to required attendance for students who are suspended/expelled, but reading more into -102, that requires more than just "got kicked out":

[Parent must have kid in school] provided, that the board of trustees of each school district may exempt any child from the operation of this article when: [reasons ai, aii, aiii]

(c) In addition to subsection (a) of this section, the parent, guardian or other person having control or charge of any child under the age of eighteen (18), who has not otherwise notified the district of enrolling that child in a different school district or in a private school or home-based educational program, shall meet in person with a school district counselor or administrator to provide the school district with written consent to the withdrawal of that child from school attendance.

This reads to me that first, the BoT is required to approve anything that kicks a kid out of school. Dunno if they have policies already established, or if that would be on a case-by-case basis.
Secondly, the school can clearly do an in-school suspension, but in order to actually send the student home, they are required to get parental approval to eliminate the attendance requirement. Which is something, I'm sure, the school did not do here.
49 posted on 10/11/2021 9:41:40 AM PDT by Svartalfiar
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To: conservative98

And the court proceedings are the best place to adjudicate those actions. A far better choice would have been to request a formal notice of trespass from the officer and then leave, honoring the notice of trespass. From there the courts can be engaged to resolve the issue. That would have enabled her to assert her right in a legal venue and avoid the arrest.

Glad to provide some education.


50 posted on 10/11/2021 9:51:56 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: caww

She has more backbone than you do, slave.


51 posted on 10/11/2021 9:53:02 AM PDT by servantoftheservant
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To: taxcontrol

Title is correct. Fascists told her she was trespassing in the school her parents tax dollars paid for, because she wasn’t complying with their idiotic, unscientific slave-mask mandate.


52 posted on 10/11/2021 9:54:06 AM PDT by servantoftheservant
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To: servantoftheservant

No it is incorrect. The child could have not worn the mask and left when trespassed by the LEO and no arrest would have occurred.

In the separate issue of asserting her rights, she could have requested a notice of trespass from the LEO and taken the issue to court.


53 posted on 10/11/2021 9:56:43 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: taxcontrol

The trespass was because the the mask bullshit. Why are you being pedantic


54 posted on 10/11/2021 9:59:03 AM PDT by servantoftheservant
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To: servantoftheservant

The trespass was because she did not follow the rules for access to a restricted area - wearing a mask. If the rule was that she had to wear a school uniform, and she did not, then the school can have that student removed. Yes, they should use other means and escalate, but ultimately, it comes down to does the school have the legal authority to require students dress and behave in certain manners vs a student’s right of expression.

Since SCOTUS has never directly ruled on school dress codes, it is still a grey area.


55 posted on 10/11/2021 10:08:51 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: taxcontrol

Right. If they trespassed her for a t-shirt, it would have been because of the t-shirt.

In this case, it was because of the mask rule bullshit. BECAUSE OF THE MASK RULE.


56 posted on 10/11/2021 10:11:42 AM PDT by servantoftheservant
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To: servantoftheservant

And you think the mask rule is BS. The administration does not. That is why we have courts to decide between the constitution, the law and the two opinions.

No need to try and fight the battle there at the school. Take the notice, leave, and file a lawsuit. Get your day in court.


57 posted on 10/11/2021 10:20:49 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: taxcontrol

The courts are corrupt. Or haven’t you noticed


58 posted on 10/11/2021 10:32:37 AM PDT by servantoftheservant
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To: servantoftheservant

You dont fight the cop that is arresting you when you think it is not a lawful arrest. You fight it in court later, regardless of what corruption there may be in the courts.

If you do not trust the courts, then your alternatives are to either clean up the courts, or go to war against the government.


59 posted on 10/11/2021 10:36:07 AM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: taxcontrol

She is a child. That cop should be ashamed. And stop defending communist acts like that. In 2019 that would have never happened!


60 posted on 10/11/2021 12:54:53 PM PDT by ProfessorGoldiloxx
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