surprise resident
Surprise resident Rebekah Massie addresses city council during meeting on Aug. 20, 2024.

Arizona State Senator John Kavanagh is calling on Attorney General Kris Mayes to launch an investigation into the public comment policy implemented by the City of Surprise after an activist was arrested during heated testimony at a city council meeting last month.

According to media reports and video of a Surprise City Council meeting on August 20, Surprise resident and mother, Rebekah Massie, while criticizing a city employee during the public comment period was removed from the meeting and arrested then subsequently charged with trespassing, resisting arrest and obstructing government operations.

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The complaint policy established by the City of Surprise within their public rules for council meetings dictates “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, regardless of whether such person is identified in the presentation by name or by any other reference that tends to identify him/her. Any such charges or complaints should be submitted during normal business hours to the City Manager for appropriate action.”

“It appears to me that the City of Surprise may be violating state statute and our citizens’ fundamental right to free speech by enacting this policy,” said Senator Kavanagh. “In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body.’ Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders.”





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