By Matthew Holloway |
The Surprise City Council repealed the ordinance prohibiting residents from criticizing city officials during public meetings in a unanimous vote. The decision followed the now-viral arrest of Rebekah Massie, a local activist, while she addressed the body in August. Massie and the Foundation for Individual Rights and Expression (FIRE) subsequently launched a lawsuit against the city, which according to the group is still ongoing.
In an email from FIRE obtained by AZ Free News, the group confirmed that the lawsuit is moving forward. Attorney Conor Fitzpatrick said in a statement, “The city council’s decision to scrap its unconstitutional rule banning criticism of public officials is the right move — but the damage has already been done. Twenty-eight days ago, police dragged a local mom out of the meeting for criticizing a city attorney’s pay. Twenty-eight days ago, Mayor Skip Hall abused his power to stifle dissent. This decision comes 28 days too late for Rebekah Massie.”
Cameron Arcand, writing for the Arizona Daily Independent, reported that the effort to end the policy was led by Surprise Councilman Jack Hastings. Earlier this week, the councilman posted to X, “On Tuesday, at our next City Council Meeting, I will make a motion and/or vote to remove the rule that prohibits complaints against elected officials and city staff members during the public comment portion of our meetings,” adding “I support the freedom of speech and people should be able to voice their concerns and criticize their government and elected officials.”
“I’m hoping it passes unanimously because it’s the right thing to do. You have to be able to deal with criticism if you’re going to be an elected official,” Hastings told the Center Square via text.
As previously reported by AZ Free News, the lawsuit targeting the city, outgoing Mayor Skip Hall, and Surprise police officer Steven Shernicoff in their individual capacities, was filed September 3rd and is seeking “preliminary and permanent injunction enjoining the City of Surprise from enforcing the Council Criticism Policy during meetings of the City Council of the City of Surprise;” which may be rendered moot by the policy change, as well as a declaratory judgment that the city’s “enforcement of the Council Criticism Policy against Massie on August 20, 2024, violated Massie’s First Amendment rights;” and a declaratory judgment that the policy violated the First and Fourteenth Amendments. Finally, Massie is seeking “compensatory, nominal, and punitive damages,” for her arrest as well as legal fees.
At the time of Massie’s arrest, Mayor-Elect Kevin Sartor who is set to replace Hall condemned the mayor’s actions saying, “As Americans, our right to free speech is fundamental, especially when it comes to holding our government accountable.” He added, “What happened to Rebekah Massie is unacceptable. No citizen should ever be arrested for voicing their concerns, especially in a forum specifically designed for public input.”
“The right to free speech is at the heart of our democracy, and as your next mayor, I will ensure that every citizen’s voice is heard, respected, and protected,” Sartor continued. “While there must be reasonable limits on speech in public forums—such as prohibiting violence, threats, or profanity—this recent incident did not come close to crossing those lines. As mayor, I will ensure that our city is a place where open dialogue is encouraged, not suppressed. We are stronger when every voice is heard.”
Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
