On Tuesday, the Foundation for Individual Rights and Expression filed a federal lawsuit challenging the City of Surprise for the city’s council “criticism policy,” that forbids people from criticizing government officials at city council meetings.
During the public comment period of the Aug. 20 city council meeting, Surprise resident Rebekah Massie criticized the city attorney’s pay raise. Surprise Mayor Skip Hall interrupted her, saying that her comments broke a city rule prohibiting “charges or complaints against any employee of the City or members of the body.” Massie accurately responded that the policy violates the First Amendment.
LAWSUIT: With FIRE’s help, an Arizona mom is suing the City of Surprise, AZ., after the mayor ordered her arrest for questioning a pay raise for a city official.
In America, the last thing citizens should fear when they attend public meetings is leaving in handcuffs. pic.twitter.com/ox6EyEiVAW
— FIRE (@TheFIREorg) September 3, 2024
“I wanted to teach my children the importance of standing up for their rights and doing what is right — now I’m teaching that lesson to the city,” said Massie. “It’s important to fight back to show all of my children that the First Amendment is more powerful than the whims of any government official.”
Hall gave Massie a warning for “attacking the city attorney personally.” Massie explained that the Constitution guarantees people the right to criticize government officials and said he was violating her First Amendment rights.
Mayor Hall told Massie to “stop talking.” He then directed a police officer to remove Massie. Hall pledged that “any time you attack any staff member” or city official, speakers will be “escorted out,” and promised that “it’s going to happen” now “and in the future.”
“Is that necessary?” she asked. “In front of my 10-year-old daughter, you’re gonna escort me out for expressing my First Amendment rights?”
Massie was arrested, charged with trespassing, and taken to a detention center.
FIRE’s lawsuit aims to permanently stop enforcement of the city policy used to silence Rebekah and obtain damages. In the meantime, FIRE moved for a court order to stop the city’s use of the policy while the lawsuit is pending. The lawsuit names the City of Surprise, Mayor Hall, and Steven Shernicoff, the officer who arrested Rebekah, as defendants. Quintus Schulzke, a Surprise resident who frequently makes public comments at city council meetings, also signed on as a plaintiff. Without legal intervention, Schulzke — or any other member of the public — risks arrest simply for speaking his mind to his elected representatives.
“No American should be told to ‘stop talking’ or go to jail simply for speaking their minds at a city council meeting,” said FIRE attorney Adam Steinbaugh. “Public officials are elected to serve the people — not silence them.”
In April, FIRE taught this lesson to the city of Eastpointe, Mich., after the former mayor shouted down and censored four constituents who criticized her during city council meetings. To settle the lawsuit, the city ditched its policy prohibiting public comments “directed at” an elected official, issued a formal apology, paid damages and fees, and established Sept. 6 as an annual “First Amendment Day” in Eastpointe.
“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.”
The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
