Kavanagh Calls For Investigation Of Potential Free Speech Violations By City of Surprise

surprise resident
Surprise resident Rebekah Massie addresses city council during meeting on Aug. 20, 2024.

Arizona State Senator John Kavanagh is calling on Attorney General Kris Mayes to launch an investigation into the public comment policy implemented by the City of Surprise after an activist was arrested during heated testimony at a city council meeting last month.

According to media reports and video of a Surprise City Council meeting on August 20, Surprise resident and mother, Rebekah Massie, while criticizing a city employee during the public comment period was removed from the meeting and arrested then subsequently charged with trespassing, resisting arrest and obstructing government operations.

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The complaint policy established by the City of Surprise within their public rules for council meetings dictates “oral communications during the City Council meeting may not be used to lodge charges or complaints against any employee of the City or members of the body, regardless of whether such person is identified in the presentation by name or by any other reference that tends to identify him/her. Any such charges or complaints should be submitted during normal business hours to the City Manager for appropriate action.”

“It appears to me that the City of Surprise may be violating state statute and our citizens’ fundamental right to free speech by enacting this policy,” said Senator Kavanagh. “In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body.’ Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders.”

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5 Comments

  1. So the mayor believes that the First Amendment does not apply to city council meetings? Rebekah Massie is in for a huge payday from the citizens of Surprise because an inept mayor does not understand that citizens not only have a right, but an absolute duty, to redress the government when they feel the government is in the wrong. Ms. Massie’s arrest is in direct violation of that principle. I am not an attorney but I have read enough about freedom of expression laws and court cases to know that anything can and should be brought up in these meetings, including topics directed at specific persons being paid by tax payer funds.

  2. Parents must be individually resolute. And parents must stand together. If they don’t have courage this will continue to happen. These power hungry tyrants must be reminded they are in America not Communist China, Communist Russia or a dictatorship like Venezuela or North Korea.

  3. Mayes are about as useless as breasts on a Boar. She supports the damping down of our Constitutional rights and will end up defending Suprise in this lawsuit. To hell with the voter and their rights.

  4. Surprise will continue with its bogus prosecution/persecution of Rebekah Massie until the case reaches the U. S. Supreme court. Although there is a good possibility that the Arizona Supreme Court may act before that happens. I wonder what the recall/impeachment process for City Council members in Surprise entails? Kris Mayes will just stand by and watch the show. Nothing for her to see here.

  5. Mayes won’t do a thing. She supports shutting down free speech when it’s something the left doesn’t want to hear.

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