An Arizona woman announced that she’s suing the city of Surprise, Arizona, on Tuesday, Sept. 3, after being arrested at a City Council meeting in August. Activist Rebekah Massie, who was handcuffed and charged with trespassing and resisting arrest during a Surprise City Council meeting said her First and 14th Amendment rights were violated.
The Foundation for Individual Rights and Expression (FIRE), a free speech advocacy group, filed the lawsuit on Massie’s behalf on Tuesday.
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During the meeting, Surprise Mayor Skip Hall said she broke a city rule that bans complaints against city workers during public comment. Massie criticized a proposed pay raise for the city attorney. However, Hall cut her off as he pointed out the city’s rule that prohibits criticism of city officials during public comment.
“Oral communications during city council meetings may not be used to lodge charges or complaints against any employee of the city or members of the body, regardless of whether such person is identified in a presentation by a name or by another reference that tends to identify him or her,” Hall said.
Moments later, an officer physically removed Massie from the room in handcuffs in front of her 10-year-old daughter.
Hall defended the officer’s removal of Massie, saying, “anytime you attack any staff member” or city official, you will be “escorted out” now and “in the future.”
When Massie said she was only sharing “factual information,” Hall responded that “it doesn’t matter.”
The suit seeks to permanently ban the council’s criticism policy, monetary damages and a trial by jury for Massie.
Meanwhile, Mayor Hall’s term comes to an end on Dec. 31.
Mayor-elect Kevin Sartor, R, called what happened to Massie “unacceptable” in a campaign statement, and said that “no citizen should ever be arrested for voicing their concerns, especially in a forum specifically designed for public input.”
