The city of Surprise, Ariz., on Tuesday repealed its long-standing public-comment rule that bans criticism of local officials in response to a federal lawsuit filed by a woman who was arrested during a city-council meeting last month for criticizing a government lawyer’s salary.
The plaintiff, Rebekah Massie, alleges her First Amendment rights were violated in the tense August 20 exchange, which went viral on social media. In the video, she started complaining about how much money a city attorney was making. Surprise mayor Skip Hall interrupted her, citing a form she signed that prohibits any public speakers from orally lodging “charges or complaints” against city employees. The mayor then ordered her arrest.
Refusing to leave, Massie was escorted by a police officer in handcuffs and cited for trespassing. Massie’s ten-year-old daughter was present at the hearing.
Weeks later, the Surprise City Council voted to abandon the public-comment rule that Massie argues is unconstitutional. The policy has been a part of the city’s speaker decorum for more than 20 years, the city said.
“As this area of the law is constantly evolving, and in light of recent events,” the statement continued, “the City has decided to repeal this rule and review its speaker rules to ensure they set forth appropriate time, manner, and place guidelines that protect both the public’s right to speak and the City’s right, and expectation of citizens in attendance, to conduct its meetings efficiently, effectively, and with appropriate decorum and civility.”
Despite the repealed rule, the lawsuit remains ongoing. The Foundation for Individual Rights and Expression (FIRE) said “the damage has already been done” and will continue to represent Massie until she’s compensated.
“Twenty-eight days ago, police dragged a local mom out of the meeting for criticizing a city attorney’s pay,” FIRE attorney Conor Fitzpatrick said in a statement provided to National Review. “Twenty-eight days ago, Mayor Skip Hall abused his power to stifle dissent. This decision comes 28 days too late for Rebekah Massie.”
FIRE’s lawsuit asked for a preliminary and permanent injunction preventing Surprise from enforcing the council-criticism policy again. Now that the rule no longer exists, the free-speech advocacy group intends to hold the city and mayor accountable for their actions.
“This rule shouldn’t have been in place for 20 minutes, let alone 20 years,” Fitzpatrick told Phoenix television-station brand Arizona’s Family. “So the fact that this rule stayed in place for two decades is frankly a rather damning indictment of the City of Surprise’s respect for the First Amendment over these last two decades.”
In the lawsuit filed September 3, Massie is joined by co-plaintiff Quintus Schulzke, a concerned citizen afraid to vocally criticize Surprise officials as he has done in the past. Schulzke is currently withholding complaints against officials during Surprise city council meetings until the case is resolved.
Massie is seeking monetary damages and a trial by jury for Surprise’s free-speech violations. She is due for her arraignment on October 22.