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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