Charges against Rebekah Massie, the Surprise mother who was arrested while exercising her First Amendment rights at a city council meeting, were tossed out by North Valley Justice Court Judge Gerald Williams last week. As previously reported by AZ Free News, Massie was to be tried for trespassing after she criticized the Surprise City Attorney during a city council meeting. Judge Williams agreed when defense counsel moved that the trespassing charges against Massie be dismissed with prejudice, meaning they cannot be refiled, and called the charges “objectively outrageous.”
Massie’s attorney Bret Royle, explained, “Rebekah should never have been detained, let alone criminally charged, for speaking her mind. That’s the kind of thing that happens in tyrannical countries, but should never happen here. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”
Just one day after hearing from attorneys representing Massie and the city, Judge Williams released a scorching three-page ruling, pointedly noting that the city has since rescinded the policy Massie was arrested under, which prohibited the public from criticizing city officials during council meetings.
He wrote in part, “No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech.” He added, “In this case, the government did so in a manner that was objectively outrageous.”
“The Defendant should not have faced criminal prosecution once for expressing her political views,” Williams added. “The Court agrees that she should never face criminal prosecution, for expressing her political views on that date at that time, again.”
JUSTICE: A judge just THREW OUT the criminal charge against an Arizona mom who was arrested and frog-marched out of a city council meeting for criticizing a city attorney’s pay.
The judge slammed the government’s suppression of her free speech as “objectively outrageous.” pic.twitter.com/G9eAgXaRMt
In the unusual case, Surprise city prosecutors recused themselves, citing a conflict of interest, and Massie’s charges were handled by the City of Phoenix Prosecutor’s Office. The Phoenix Prosecutors argued that the case should be dismissed without prejudice allowing the city to potentially re-file charges.
In court documents, Royle argued that the charges against Massie should be dismissed with prejudice based on a lack of evidence to support Massie’s arrest to begin with.
“Ms. Massie was not ‘remaining unlawfully’ as she was within her rights to remain in the chamber despite being asked to leave by Mayor Hall and Officer Shernicoff,” Royle told the court. In his ruling, Williams concurred, observing that Massie’s arrest, originating as it did from city council policy, regulated political speech and “would trigger scrutiny,” under constitutional legal analysis.
A lawsuit against the city by Massie, represented by FIRE is ongoing. In a press release from the FIRE, Massie said, “For more than two months I’ve been living with the threat of punishment and jail time — being taken away from my kids, even — for doing nothing more than criticizing the government. Free speech still matters in America, and I can’t tell you what a relief it is to have people on my side standing up for our rights with me.”
FIRE attorney Conor Fitzpatrick said in a statement, “This is an incredible win for Rebekah and an important message to government bureaucrats around the country that the First Amendment bows to no one. The fight goes on in Rebekah’s lawsuit against the City of Surprise, Mayor Hall, and Officer Schernicoff. We want to make it crystal clear to governments across the United States that brazenly censoring people and betraying the First Amendment comes with a cost.”
As recently reported by AZ Free News, KFYI’s James T. Harris released internal video he obtained of Surprise Police Chief Benny Piña seeming to defend Massie’s arrest, telling officers, “What happened last week in a council meeting resulted in what I think everybody in the world is calling an illegal arrest and a violation of someone’s First Amendment rights. That’s clearly not what we’re about, and that’s not what happened.”
In a statement emailed to AZ Free News after Judge William’s ruling, FIRE attorney Adam Steinbaugh said, “The police chief says their conduct exemplifies the ‘mission’ and ‘philosophy’ of the Surprise Police Department. A judge said their conduct was ‘objectively outrageous.’ We agree with the judge, and the Surprise Police Department should do some soul-searching.”
Surprise Police Chief Benny Piña has found himself once again taking wide criticism stemming from the arrest of a mother who defied the city council while exercising her First Amendment rights. Along with the initial arrest, the Chief is now at the center of a firestorm after an internal department video from a week after the incident was obtained by KFYI’s James T. Harris. The video features Piña giving officers “a few things to avoid when confronted by a 1st Amendment auditor,” and defending the woman’s arrest.
Rebekah Massie, a mother from Surprise, was arrested in front of her 10-year-old daughter after criticizing the Surprise City Attorney Robert Wingo in August in a now-viral video. Massie and the Foundation for Individual Rights and Expression (FIRE) subsequently sued the city, and the council eventually reversed the policy that led to her arrest.
In the Surprise Police Department video created a week later, Piña is seen telling officers, “What happened last week in a council meeting resulted in what I think everybody in the world is calling an illegal arrest and a violation of someone’s First Amendment rights. That’s clearly not what we’re about, and that’s not what happened.”
Curiously, the Chief advised officers not to be completely open or truthful to what he called “First Amendment Auditors.” “[There are a] few things to avoid when confronted by a First Amendment auditor,” Piña said.
Piña introduced Sgt. Jamie Rothschild and suggested that the criticisms against him and the department are the work of “trolls and bots.” He responded to calls to fire Steve Shernicoff, the arresting officer.
The Chief told officers, “We took action that night to complete what we normally would do which is a use of force report. We took real quick action to make certain that we were in line with what our policy is and what our philosophy is, which is to take next steps to make certain that we were in a position of power to show that we, specifically Officer Shernicoff, acted with absolute speed to carry out the mission as directed that evening.”
He added, “When something doesn’t look right, or something doesn’t look popular, that doesn’t mean it’s wrong.”
Footage of the meeting and of Massie being led out as her child cried quickly went viral within days of the arrest. Bodycam footage was later released by Surprise PD.
The footage shows that Piña was present during the arrest and did not intervene. Massie was charged with trespassing, resisting arrest, and obstructing government operations. Following the uproar in response to the incident, State Senator John Kavanaugh publicly called for Attorney General Kris Mayes to investigate the 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.”
AZ Free News has reached out to Massie via her representation from FIRE for comment. As of this report no response has been received.
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.”
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.
I support the freedom of speech and people should be…
“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.
City of Surprise: We'll see you in court.
The First Amendment protects Americans' right to criticize public officials without being arrested. https://t.co/Ii6D2dJ4v8
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.”
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.
🚨FOR IMMEDIATE RELEASE: Senator Kavanagh Calls on Attorney General to Investigate Potential Free Speech Violations in Public Comment Policy for City of Surprise
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.
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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.
LAWSUIT: With FIRE’s help, an Arizona mom is suing the City of Surprise, AZ., after the mayor ordered her arrest for questioning a pay raise for a city official.
In America, the last thing citizens should fear when they attend public meetings is leaving in handcuffs. pic.twitter.com/ox6EyEiVAW
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.”
“(…) 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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