Surprise Woman Sues City For Violating Free Speech Rights
By Staff Reporter |
The Surprise woman whose arrest for her speech during a council meeting went viral has sued the city, alleging they violated her constitutional right to criticize the government.
The Foundation for Individual Rights and Expression (FIRE) filed the lawsuit with the Arizona District Court on Tuesday on behalf of the woman, Rebekah Massie.
The outgoing mayor of Surprise, Skip Hall, directed police to arrest Massie last month for refusing to cease her criticisms of their city attorney, Robert Wingo, during a council meeting. Hall declared that Massie wasn’t allowed to “attack” — as in, criticize — a public official at a city council meeting, and denied her the opportunity to conclude her public remarks.
Further, Hall warned during his viral argument with Massie that others who dared to criticize city officials or staff during public meetings in the future would be escorted out.
In her controversial criticism, Massie had challenged the city’s decision to increase Wingo’s pay due to his work performance. Police cited “trespassing” as the basis of Massie’s arrest.
Police arrested Massie in front of her 10-year-old daughter, who had attended the meeting with her mother.
Massie said in a video announcing her lawsuit with FIRE that Hall had weaponized the police to violate her rights.
“I have certain inalienable rights, and they were not only trampled on, but the mayor essentially weaponized the police force to shut me up,” said Massie.
In a separate press release, Massie said that her decision to stand her ground and be arrested served as a teaching opportunity for her children and the community.
“I wanted to teach my children the importance of standing up for their rights and doing what is right — now I’m teaching that lesson to the city,” said Massie. “It’s important to fight back to show all of my children that the First Amendment is more powerful than the whims of any government official.”
FIRE’s lawsuit names Hall along with the city of Surprise and the arresting officer, Steven Shernicoff, as the defendants. The organization dubbed the council’s policy forbidding criticisms of city officials and staff the “Council Criticism Policy.”
FIRE attorney Conor Fitzpatrick stated in the press release that the First Amendment especially protects critiques of the government.
“If the First Amendment protects anything, it protects criticizing government officials,” said Fitzpatrick. “Arresting government critics might be how the world’s repressive regimes operate, but it has no place in America.”
Massie identifies politically as a libertarian; she founded The Grand Failure, a nonprofit advocating for government transparency and public safety.
Hall’s replacement, Mayor-Elect Kevin Sartor, condemned his soon-to-be predecessor’s actions in a public statement in the days following the incident.
“As Americans, our right to free speech is fundamental, especially when it comes to holding our government accountable,” said Sartor. “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.”
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