Surprise Police Chief Tells Officers In Internal Video That Free Speech Arrests Are Permissible

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Surprise Police Chief Benny Piña

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.

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

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20 Comments

  1. If the people in Surprise, Az do not go after the jobs of the Mayor, Chief of Police and all those involved in the arrest of Miss Massie, as well as any city employees that dare to violate the citizen’s right to address public employees!
    How pathetic are these people, very disturbing!

  2. As a retired officer. This Chief and his Deputy need to be charged with civil rights violations. I thought the idiot was going to come out and say it was wrong. But no he doubled down on stupid. Crooked council always means crooked Chief.

  3. It is horrifying what is happening in this country and the erosion of freedom. How can that clown of a police chief even keep a straight face while claiming ‘that is not what happened’. Shernikoff should be de-certified and lose qualified immunity there is nothing about this that should be any doubt whatever that the right to address grievances against the government was being infringed, let alone free speech.

  4. He’s obviously a Hobbs/Harris supporter. Trampling on the Constitution for the sake of power is their livelihood. We need to get rid of the democrats in this state.

    *** V O T E R E D 2 0 2 4 ***

  5. Just one more step towards civil war when cops become KGB and arrest people for exercising their rights

  6. WOW! He took an oath of office to support and defend the US Constitution. That oath obviously meant nothing to him! As a former LEO myself I’m ashamed. His actions give all LEOs a black eye, disgraceful!

  7. This clown needs to be immediately removed from office. And where the heck is AZPOST when you need them???

  8. Gee, I think we have a winner here. The city as much as admitted that their policy was crooked because the voted to do away with it at the meeting the following month. They knew they were in trouble and wanted to head it off at the pass. Well, guess what you liberal idiots, it didn’t work and hopefully you will pay and the police “chief” and his idiot hire will be fired for their actions. A question in the article asks whose directions is the chief following? That answer should be very obvious. The majority of the council to keep his job….regardless of the loss of freedoms of us deplorables.

  9. City Council Members are subject to criticism just like any other American. Just because you don’t agree with another’s opinion doesn’t give you the right (especially in a governmental context) to ignore our 1st Amendment rights. The Constitution should guide Law Enforcement rather than puffed up junior bureaucrats.

  10. Both the mayor and police chief should have to pay any and all financial rewards for civil rights violations instead of the taxpayers, period. If that means wearing a barrel because everything of value they owned was liquidated to settle the suit, well that’s too bad. As far as Mayes conducting an investigation, good luck with that.

  11. Arm up be ready comes the day when agents of satan steal your birthright. Those in power need to be cut like sheaves of corn and fed to hogs, for only so will you be rid of social cancer.

  12. That leftist/marxist “police chief”, as well as that uninformed, tyrant deputy, should be FIRED. His/their actions are *fully* un-American.
    The question becomes, whose orders is the “chief” following?

  13. There should be a new requirement to become a Police Chief in America. Your family tree needs to at least go back seven generations in order to be a police chief. These DEI hires should not be a police chief, they don’t understand the constitution or bill of rights, it does not exist in their country of origin.

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