Surprise Mayor Skip Hall had a woman arrested during a city council meeting last week for criticizing their city attorney, Robert Wingo.
The woman, Rebekah Massie, raised an objection to Wingo’s salary increase due to his handling of alleged violations by the city clerk during the election season.
“Recent months have uncovered numerous violations or alleged violations and blatant disregard I would say for not only the Arizona Revised Statutes, the State Bar of Professional Conduct, but also the Arizona State Constitution and the Bill of Rights at the federal level,” said Massie. “Title 16, I won’t rehash everything but we are all too well and familiar with what took place during the election season and the violations thereof. City clerk is our elections officer. Nothing was done with those violations. And the city attorney did nothing as far as that. Title IX and 38 have conflict of interest pieces of information, it was deemed there was conflict of interest. Title 39 there are numerous public records requests that I have open right now that are ‘pending legal review’ that I am entitled to request.”
Massie also expressed concern that Massie already had the second-highest salary in the city and eleventh-highest in the entire state ($266,000) prior to this latest salary increase (over $10,000).
Hall said that it “doesn’t matter” that Massie was speaking factual information out loud. The mayor reminded Massie that city council policy limits public comment from lodging charges or complaints against any employee of the city or council.
“This is your warning,” said Hall. “Warning for attacking the city personally.”
Massie advised Hall that the Supreme Court and lower courts have ruled in favor of criticisms against government officials perceived as attacks. As an example of protected speech, Massie told Hall that she could swear at the council for multiple minutes. Hall disagreed. Profanity is generally protected speech.
Hall then had police escort Massie out of the building, which Massie resisted and demanded to know under what charges she was being detained. Massie’s 10-year-old daughter followed closely behind, having bore witness to the entire exchange.
Massie was charged with trespassing.
A crowdfunding campaign has raised close to $5,000 for Massie’s legal expenses. The Foundation for Individual Rights and Expression (FIRE) announced on Monday that they were suing the city of Surprise over Hall’s actions.
“City of Surprise: we’ll see you in court,” said FIRE. “The First Amendment protects Americans’ right to criticize public officials without being arrested.”
https://x.com/TheFIREorg/status/1828075884726861938
Sources told The Center Square that Massie was a frequent attender of council meetings, and that her criticisms of city officials had led to last week’s arrest.
Hall is a registered Republican and usually supports Republican politicians and policies.
Hall leaves office in December. He is not seeking reelection.
Citizens have called for Hall to resign early, and have demanded the resignation of Wingo as well.
Hall’s successor, Mayor-elect Kevin Sartor, issued a statement on Monday condemning Hall’s actions.
“As Americans, our right to free speech is fundamental, especially when it comes to holding our government accountable,” said Sartor. “What happened to Rebekah Massie is unacceptable. No citizen should ever be arrested for voicing their concerns, especially in a forum specifically designed for public input.”
Sartor assured his constituents-to-be that he would not go the way of Hall in overseeing council meetings, but would instead be a strong advocate and protector of free speech.
“My administration will prioritize transparency, respect, and the protection of our citizens’ First Amendment rights. We will never arrest or silence our residents for expressing their views or questioning their elected officials. This is not just about Rebekah Massie; it’s about every resident of Surprise. Your voice matters, and it will always be heard,” said Sartor.
