Surprise, Arizona Resident Detained During Council Meeting, Raising First Amendment Concerns

SURPRISE, AZ News (8/25/2024) – An incident at the August 20, 2024, City Council meeting in Surprise, Arizona, has sparked debate over the potential infringement of First Amendment rights after a resident was detained and removed for speaking out during the “Call to Public” segment.

UPDATE: A federal lawsuit has been filed regarding the incident. More details in our article.

Rebekah Massie, a local resident and founder of “The Grand Failure” (a nonprofit dedicated to advocating for government transparency), used her allotted time during the public comment period to criticize the City Council’s decision to increase the salary of the city attorney. Massie also raised concerns about several ongoing issues she had experienced with the attorney, including delays in responding to her public information requests.

Mayor Skip Hall interrupted Massie, claiming that her comments violated the rules governing public participation. Specifically, Hall cited a section of the public speaking form, which states that “Oral communications during the City Council meeting may not be used to lodge charges or complaints against any employee of the City or members of the body.” The form instructs that such complaints should be submitted to the City Manager during regular business hours.

Massie responded by asserting her First Amendment right to free speech. Despite her protest, Mayor Hall called for law enforcement to remove her from the meeting. A police officer detained Massie, physically restrained her, and escorted her out of the chamber. She was subsequently arrested and charged with third-degree criminal trespass, which implies unlawful presence on property after being asked to leave.

The incident has raised concerns that Massie’s removal may have constituted a viewpoint or content-based restriction of speech, potentially violating her First Amendment rights. The First Amendment prohibits the government from restricting speech based on its content or the speaker’s viewpoint, and such actions by government officials can be subject to strict scrutiny in court.

The backdrop of the controversy includes a proposal to amend the city attorney’s employment contract, which was discussed and approved at the same meeting. The amendment included a 4.4 percent salary increase and a temporary reduction in paid time off. The changes result in an approximate $15,400 increase in personnel costs, which will be offset by savings from vacancies within the City Attorney’s Office.

The rules governing public participation at City Council meetings in Surprise are designed to maintain order and decorum. Among these rules is a prohibition against using public comments to make complaints against city employees or council members. However, the enforcement of this rule in Massie’s case has led to questions about whether the city’s actions improperly restricted her speech based on its content or viewpoint.

Anyone who wishes to send public comment to the Mayor or Council of Surprise, AZ may do so through their website.

A “GiveSendGo” has been established for Massie’s legal defense.

Story by multiple RFHC contributors.