Free speech group plans lawsuit against Surprise over woman's council meeting arrest
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A free speech advocacy group plans to sue Surprise after a woman was removed from a city council meeting while speaking and subsequently arrested.
The big picture: Surprise resident Rebekah Massie, 32, was removed from a city council meeting while speaking on Aug. 20 and later arrested and charged with trespassing, resisting arrest and obstructing government operations.
- Massie criticized city attorney Robert Wingo during the meeting, which Mayor Skip Hall said violated a council rule barring people from lodging complaints against city officials in public comments.
State of play: The Philadelphia-based Foundation for Individual Rights and Expression (FIRE) is preparing a lawsuit against the city on Massie's behalf, alleging that Surprise violated her First Amendment free speech rights.
- A spokesperson for the organization didn't say when the lawsuit would be filed but told Axios it would be on a "short timeline."
What they're saying: "The First Amendment protects every American's right to criticize public officials. And the last thing people should fear when they go to a city council meeting to make their voice heard is leaving in handcuffs. FIRE looks forward to vindicating Rebekah's constitutional rights in court," FIRE attorney Conor Fitzpatrick said in a statement to Axios.
- Massie said in a statement from FIRE that it's her right as an American to hold local government accountable, and she wanted to set a good example for her daughter by standing up for her fundamental rights.
- "That's the lesson I wanted to show my daughter. And now, it's the lesson I am determined to show the City of Surprise, Arizona," she said.
The other side: A Surprise spokesperson did not immediately respond to a request for comment from Axios.
Zoom in: The online form that people must fill out to speak at council meetings states that public comments "may not be used to lodge charges or complaints against any employee of the City or members of the body."
- Hall told Massie she agreed to follow that rule when she spoke.
- Massie countered that the rule violates the First Amendment.
Between the lines: First Amendment attorney David Bodney told the Arizona Republic that state law permits cities to place "reasonable" restrictions on public comments, but the law permits people to "address the public body on any issue within the jurisdiction of the public body," which he said would include comments about the city attorney's conduct and compensation.