SURPRISE, Ariz. — In August, a Surprise mother was escorted out of a city council meeting and arrested when she tried to criticize the city attorney's salary. Now, a free speech organization is suing the city in support of her.
During the Aug. 20 meeting, 32-year-old Rebekah Massie told the council she had criticisms about agenda item six, regarding the city attorney's contract. After a brief verbal exchange, the mayor ordered police to escort Massie out. She was then cited for trespassing and released.
Tuesday, the Foundation for Individual Rights and Expression (FIRE) announced that it had filed a federal lawsuit against the City of Surprise for what happened during the meeting, alleging that it was a violation of Massie's First Amendment rights.
Conor Fitzpatrick, the supervising senior attorney with FIRE represents Massie in the civil litigation. He said he saw the situation in the news which lead his group to get involved.
"Every American has a First Amendment right to make their views known to their elected officials, and that's all Ms. Massie was doing," Fitzpatrick said.
On the day of the meeting, Massie told council members she had concerns with the city attorney's contract being renewed with a raise. She said that there had been "numerous violations or alleged violations" of legal standards, and his performance did not warrant the raise.
Massie went on to explain some of the alleged violations but was interrupted by Surprise Mayor Skip Hall, who told her she was breaking rules forbidding criticism of individual councilmembers at a public meeting. Massie immediately told Hall that he was violating her First Amendment rights. Hall disagreed and ordered her to be removed from the meeting.
The Surprise Police Department said Massie was cited for trespassing, then released, and noted that long-form charges would be submitted for resisting arrest and obstructing governmental operations.
All of this happened in front of Massie's 10-year-old daughter.
"The Supreme Court has made clear that “one of the most precious of the
liberties safeguarded by the Bill of Rights” is the sacred promise to every American,
enshrined in the First Amendment, that citizens enjoy the freedom to complain about their
leaders," FIRE's suit read in part.
The issue Fitzpatrick said lies with a form each person who wants to participate in public comment has to sign. It writes that any one speaking cannot complain against any city worker. A policy Fitzpatrick said is trumped by the First Amendment.
"Public meetings are not safe spaces for elected officials," Fitzpatrick said. "They should expect to hear the unvarnished thoughts from their constituents, and if they can't handle that, they shouldn't be in public office."
The suit seeks to halt the City of Surprise's "Council Criticism Policy" and compensate Massie for any damages suffered as part of the incident.
You can read the full suit here.
On Tuesday during the City Council's regular meeting, every person who spoke during public comment was against the mayor and City for the situation. Some said it was an "embarrassment" to the City of Surprise.
The council did not address the lawsuit. 12News reached out to a City spokesperson for a statement but the spokesperson said they cannot comment on pending litigation.
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