SURPRISE, Ariz. — A Surprise woman was escorted out of a city council meeting and arrested on Aug. 20 after attempting to speak about the city attorney's salary.
In the city council meeting video, 32-year-old Rebekah Massie told the council she would address agenda item six, regarding the city attorney's contract.
Massie told council members she had concerns with the city attorney's contract being renewed with a raise.
"Recent months have uncovered numerous violations or alleged violations in blatant disregard, I would say, for not only the Arizona Revised Statues, the State Bar rules of professional conduct but also the Arizona State Constitution and the Bill of Rights at the federal level," Massie said at the meeting.
Massie went on to explain some of the alleged violations but was interrupted by Surprise Mayor Skip Hall.
"Ms. Massie, I've got to interrupt you here because this is the public meeting forum you agreed to when you speak and I want to read this to you," Hall said. "That there are 'Oral communications during the City Council meeting may not be used to lodge charges or complaints against any employ of the city, or members of the body, regardless of whether such person is identified in the presentation by their name, or by any other reference that tends to identify him or her."
You can read the public comment form that states this here.
Massie immediately told Hall that he was violating her First Amendment rights. Hall disagreed.
"This is your warning," Hall said.
"Warning for what?" Massie said.
"Warning for attacking a city attorney personally," Hall said.
"This is factual information," Massie said. "You are violating my First Amendment rights."
"It doesn't matter," Hall said. "This is what you agreed to for speaking, this is the form."
Massie signed the form that stated the rules for the public forum, but she said the rules were unconstitutional and said she could curse at them for three minutes straight and it would be protected speech. Hall again disagreed.
After a verbal exchange continued, the mayor ordered police to escort Massie out.
"I have certain inalienable rights, and they were not only trampled on, but the mayor essentially weaponized the police force to shut me up that night," Massie told 12News. "If this happened anywhere else but the United States, I'd believe it. I'd be disappointed, but I'd believe it. But here, it shouldn't have happened."
Massie said she sustained multiple bruises when she was "brought down to the ground" and noted the most painful part was seeing her 10-year-old daughter, who was also in attendance, watch the incident unfold.
"She had her hands pressed against the glass, and her face was partially pressed against it, sobbing uncontrollably," Massie said. "As a mother, seeing my child in pain, scared, and upset, and being unable to help her, I wanted to be with her in that moment and take her home."
12News reached out to the mayor, leaving a message, and contacted the city spokesperson, who directed inquiries to the Surprise Police Department.
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.
Watch the full video here:
In Steinburg v. Chesterfield County Planning Comm’n, 527 F.3d 377 (4th Cir. 2008), a private citizen argued his First Amendment rights were violated when he was escorted out of a planning commission meeting for engaging in personal attacks.
The United States Court of Appeals, Fourth Circuit, ruled that meetings of a board or council, including city council public comment, are considered "limited public forums" and therefore can be reasonably managed by the governing body.
"Officials presiding over such meetings must have discretion . . . to cut off speech which they reasonably perceive to be, or imminently to threaten, a disruption of the orderly and fair progress of the discussion, whether by virtue of its irrelevance, its duration, or its very tone and manner," the ruling said.
The ruling was based on the differences between a "public forum" and a "limited public forum":
In the traditional public forum, which includes the streets, sidewalks, parks, and general meeting halls, speakers' rights are at their apex. Speakers have a right to speak free of any government-imposed restrictions on their speech unless the restrictions are reasonable time, place, and manner restrictions; are content-neutral; and are “narrowly tailored” to serve a significant governmental interest.
Distinct from the traditional public forum is the “limited public forum,” which governmental entities may create in a specified location for a limited use, so long as they do not impose those limits in a manner that discriminates based on the speaker's viewpoint.
Kevin Sartor, the mayor-elect of Surprise, sent a statement "condemning the actions of the current mayor."
“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.”
Sartor said he attended the council meeting when the incident occurred. He felt nothing Massie said was egregious enough to the point where she needed to be placed in handcuffs. He said that when he is mayor, "such actions will not be tolerated."
“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 said. “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.”
When asked about the city rules Massie signed to speak at the meeting, which included not using the time to lodge complaints against a public official, Sartor gave this statement:
While I respect the intent of city rules to maintain decorum and protect city employees, we must also ensure that these regulations do not infringe upon the public’s right to address their government. Citizens have a fundamental right to voice their concerns, especially in a public forum where transparency is key. It’s vital that we strike a balance between maintaining order and preserving the principles of free speech and accountability. My administration will work to ensure that our processes respect both these rules and the rights of our citizens.
12News also asked if Sartor would change city rules including the agreement those who wish to speak during public comment sign before stepping up to the podium. He said it is something he would have to look into.
"I'm not an attorney. I don't know exactly what the... legal jargon is, and if it's, you know, constitutional or not," Sartor said. "I just want to make sure that we strike that right balance, especially when I take the mayor's office to make sure that our residents have a voice in that they're heard and without feeling that there's going to be any retribution."
The Foundation for Individual Rights and Expression said they are suing the City of Surprise over the arrest.
"City of Surprise: We'll see you in court," the organization posted to their X account.
Up to Speed
Catch up on the latest news and stories on the 12News YouTube channel. Subscribe today.