by Matthew Holloway | Jan 11, 2026 | News
By Matthew Holloway |
A federal judge has allowed key claims to proceed in the civil rights lawsuit filed by Rebekah Massie, a Surprise, Arizona, resident who was arrested after criticizing a city attorney’s salary during a city council meeting.
According to the Foundation for Individual Rights and Expression (FIRE), Judge Roslyn O. Silver of the U.S. District Court for the District of Arizona ruled this week that Massie’s First Amendment, Fourth Amendment, and Arizona Open Meeting Law claims will move forward into discovery. The lawsuit stems from an August 2024 city council meeting in Surprise, where Massie was removed, arrested, and charged with trespassing after criticizing the pay of a government attorney during public comment. She was later taken to a detention center.
FIRE said the city did not challenge Massie’s federal constitutional claims in its motion, allowing those claims to proceed. The judge also permitted Massie’s Open Meeting Law claim to move forward, noting that Arizona law places express limits on how government bodies may regulate public comment during meetings.
Several state law claims were dismissed, according to FIRE, after the court determined they were duplicative of the constitutional claims and barred under Arizona’s notice-of-claim statute.
FIRE attorney Adam Steinbaugh said the organization will continue pursuing the case.
“We’re going to continue to fight not only to vindicate Rebekah’s constitutional rights, but to ensure that all Arizonans are free to speak their minds. All of us have the right to criticize our government without being arrested.”
The ruling marks the latest development in a case that has already prompted changes from the City of Surprise.
In September 2024, the Surprise City Council voted to repeal its policy prohibiting criticism of public officials during meetings following public backlash and the filing of the lawsuit. The following month, a judge dismissed the criminal trespassing charge against Massie, calling the government’s suppression of her speech “objectively outrageous.”
According to FIRE, body-camera footage later released showed a Surprise police officer responding to Massie’s complaint that she had been thrown to the ground during her arrest by saying, “That’s what happens when you’re resisting arrest.”
The civil lawsuit against the City of Surprise and individual officials remains ongoing as the case enters the discovery phase.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Sep 14, 2024 | News
By Staff Reporter |
Attorney General Kris Mayes has been asked to investigate the city of Surprise over its alleged violation of one citizen’s free speech rights.
Republican State Senator John Kavanagh sent a letter to Mayes on Tuesday requesting an investigation into the arrest of a Surprise citizen after criticizing the city attorney during a city council meeting last month. The arrested citizen, Rebekah Massie, sued the city of Surprise last week with the aid of Foundation for Individual Rights and Expression (FIRE).
Mayor Skip Hall, who ordered Massie’s removal, cited city policy prohibiting public comment from lodging any “charges or complaints” against city employees or elected officials.
State law requires the attorney general to investigate local governmental ordinances, regulations, orders, or other official actions alleged to be in violation of the state law or Arizona Constitution. Under this law, Mayes’ office would have to issue a written report of their findings within 30 days of receiving the investigation request.
In a press release, Kavanagh claimed that the city of Surprise had violated both state law and the Constitution with Massie’s arrest.
“In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body,’” said Kavanagh. “Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders.”
Kavanagh’s letter to Mayes asked the attorney general’s office to investigate whether the city of Surprise’s policy restricting public speech by prohibiting complaints against city employees and elected officials violates the Arizona Constitution and state law governing public comment within public meetings.
Were Mayes to determine that the city of Surprise’s public comment policy violates state law or the Arizona Constitution, her office would provide notice to the city by mail of its violation and give the city a 30-day deadline to resolve the violation. Should the city fail to resolve the violation, Mayes would notify the state treasurer to withhold and redistribute state shared funds.
Or, were Mayes to determine that the city’s public comment policy may violate certain state law or the Arizona Constitution, the attorney general would file a special action in the state Supreme Court to seek a resolution. The court would then require the city to post a bond equal to the amount of state shared revenues paid to the city in the last six months.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
