Federal Lawsuit Filed Against Surprise, Arizona, Over Free Speech Violation

SURPRISE, AZ News (9/3/2024) – A federal lawsuit has been filed against the City of Surprise, Arizona, challenging a city council rule that prohibits criticism of government officials during public meetings. The lawsuit, filed by the Foundation for Individual Rights and Expression (FIRE), comes in response to the arrest of local resident Rebekah Massie at a city council meeting last month.

On August 20, 2024, during the public comment period of a Surprise city council meeting, Massie raised concerns about a pay raise for the city attorney. Mayor Skip Hall interrupted Massie, citing a city rule that bans any “charges or complaints against any employee of the City or members of the body.” Massie contested the mayor’s claim, asserting that the rule infringes upon her First Amendment rights.

Despite her objections, Mayor Hall warned Massie that she was in violation of city policy and directed her to cease her comments. When she continued to argue that the Constitution protects her right to criticize government officials, Mayor Hall instructed a police officer to remove her from the meeting. Massie was subsequently arrested, charged with trespassing, and taken to a detention center, all in front of her 10-year-old daughter.

FIRE, a nonprofit organization dedicated to protecting free speech rights, has filed a lawsuit seeking to halt the enforcement of the city’s policy and to obtain damages on behalf of Massie. The lawsuit names the City of Surprise, Mayor Hall, and the arresting officer, Steven Shernicoff, as defendants. The case also includes another Surprise resident, Quintus Schulzke, who frequently speaks at city council meetings, as a plaintiff. Schulzke, like Massie, faces the risk of arrest for voicing his opinions under the current city rule.

“No American should be told to ‘stop talking’ or go to jail simply for speaking their minds at a city council meeting,” said Adam Steinbaugh, an attorney for FIRE. “Public officials are elected to serve the people — not silence them.”

This lawsuit follows a similar case earlier this year in Eastpointe, Michigan, where a city policy prohibiting public comments directed at elected officials was successfully challenged by FIRE. The city of Eastpointe eventually settled the lawsuit, issued a formal apology, and established an annual “First Amendment Day” to reaffirm its commitment to free speech.

“If the First Amendment protects anything, it protects criticizing government officials,” said FIRE attorney Conor Fitzpatrick. “Arresting government critics might be how the world’s repressive regimes operate, but it has no place in America.”

FIRE’s lawsuit seeks not only to protect the rights of Massie and other residents of Surprise but also to establish a broader precedent that upholds the constitutional right to free speech in public forums.

The lawsuit seeks a court order to prevent the City of Surprise from enforcing its Council Criticism Policy during city council meetings, arguing that the policy violates both the First and Fourteenth Amendments. The plaintiffs are also requesting that the court declare the city’s actions against Rebekah Massie on August 20, 2024, as unconstitutional. Additionally, the lawsuit seeks compensatory, nominal, and punitive damages for Massie, along with attorneys’ fees and legal costs, and any other relief the court deems appropriate.

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization focused on defending free speech and individual rights in the United States. The organization has been actively involved in cases across the country where it perceives that these fundamental rights are under threat.

Story by multiple RFHC contributors.

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