Surprise Police leadership are defending their arrest of a mother over her contested speech at a city council meeting.
Surprise Police Chief Benny Piña issued an internal video to officers a week after the August incident to advise them of how to respond to First Amendment auditors, obtained by KFYI’s James T. Harris.
Instead of instructing his police Department to tell the truth and cooperate, Surprise Police Chief Benny Pina’s message is to share “a few things to avoid when confronted by a 1st Amendment auditor.” Meaning YOU and your 1st Amendment rights! pic.twitter.com/3d7x3zHBj9
— James T Harris (@JamesTHarris) October 23, 2024
The video addressed the viral August arrest of Surprise resident and mother Rebekah Massie after she refused to cease her criticisms of a city employee.
“What happened last week in a council meeting resulted in what I think everybody in the world is calling an illegal arrest and a violation of someone’s First Amendment rights. That’s clearly not what we’re about and that’s not what happened,” said Piña.
Piña also advised officers that they should not be completely open and truthful with First Amendment auditors.
“[There are a] few things to avoid when confronted by a First Amendment auditor,” said Piña.
The chief dismissed online critics of the viral arrest as “trolls and bots.” The chief said that the officer who arrested Massie, Steven Shernicoff, wouldn’t be fired over the incident.
“That’s not going to happen,” said Piña. “Understand: when something doesn’t look right or something doesn’t look popular, that doesn’t mean it’s wrong.”
Massie’s arrest occurred after she refused to follow Surprise Mayor Skip Hall’s order to cease criticizing the performance and pay raise of city attorney Robert Wingo within her allotted public comment time during the Aug. 20 city council meeting. Massie questioned why Wingo’s performance merited a four percent pay raise (around $11,000), especially given that he already has one of the state’s highest salaries for city attorneys.
Massie was charged with trespassing, resisting arrest, and obstructing government operations. Massie’s 10-year-old daughter was present at the meeting and witnessed the arrest of her mother.
Bodycam footage of Massie’s arrest was released several weeks ago.
In the bodycam footage, Piña was present for Massie’s arrest and didn’t intervene. Shernicoff also denied Massie’s request to drink the water she’d brought, though on that night it was nearly 110 degrees and she was made to wait outside.
“You’re denying me water?” asked Massie.
“Yes,” said Shernicoff.
Shernicoff also denied Massie’s request to speak to her minor daughter. Shernicoff also denied Massie’s request for him or another officer to locate her daughter while they were in the police station.
Hall defended his directive for Massie to modify her speech, citing a council policy forbidding people from criticizing government officials at city council meetings.
“[Policy prohibits] charges or complaints against any employee of the City or members of the body,” said Hall.
Massie has sued the city with the help of the Foundation for Individual Rights and Expression (FIRE).
State Senator John Kavanaugh called on Attorney General Kris Mayes to investigate the city over Massie’s arrest.
Amid an onslaught of backlash from the public and growing scrutiny from officials, the city council unanimously repealed its “criticism policy” during another council meeting last month. The motion was led by Councilman Jack Hastings.
“I support the freedom of speech and people should be able to voice their concerns and criticize their government and elected officials,” said Hastings.
https://x.com/JackHastingsAZ/status/1834650393697251442
