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Surprise city council votes to repeal rule that prohibited speakers from criticizing city employees

The vote to repeal a rule that prohibited speakers at city council meetings from using their time to complain about city employees was unanimous.

SURPRISE, Ariz. — Councilmembers with the City of Surprise voted Tuesday night to change a rule about what residents can speak about during public comment at city council meetings.

The council unanimously voted to repeal a rule prohibiting speakers from lodging complaints against city employees during city council meetings.

The vote came after resident Rebekah Massie used time during public comment to criticize the city attorney's salary during a city council meeting in August. Massie was interrupted by Surprise Mayor Skip Hall, who told Massie that city rules prevent residents from lodging complaints against a city employee during public comment. 

Massie claimed her First Amendment rights were being violated and Hall eventually asked officers to escort Massie from the premises. Massie was then arrested after not immediately complying with officers. 

After the arrest, 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. 

The Foundation for Individual Rights and Expression (FIRE) announced in early September 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.

Members of the council did not speak further about the rule during Tuesday's meeting. It is unclear when the rule will go into effect. 

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