Surprise buckles amid outrage over Rebecca Massy's arrest; repeals controversial rule

The incident occurred on August 20, 2024.

PUBLISHED SEP 19, 2024

Massey and her lawyer argue that the city, its mayor, and the arresting officer must be held accountable for infringing on her First Amendment rights.

Surprise, Arizona: The City of Surprise has repealed a decades-old rule that banned public complaints against city employees during council meetings. However, activist Rebecca Massy, who was arrested last month during a council meeting for violating this rule, is continuing her legal fight. Massey and her lawyer argue that the city, its mayor, and the arresting officer must be held accountable for infringing on her First Amendment rights.

The incident occurred on August 20, 2024, when Massy took to the podium to express her concerns, but was interrupted by Mayor Skip Hall who cited a city rule that prohibits using oral communications at council meetings to lodge charges or complaints against city employees.

Rebecca Massy, a Surprise resident, criticized the city attorney's salary at the meeting.

Massy was eventually forcibly removed from the meeting by a police officer and cited for trespassing. Video footage of the incident shows Massy repeatedly telling the officer not to touch her as she was escorted out.

The rule, which had been in place for years, was unanimously repealed by the Surprise City Council following the ensuing public outcry. Massy's lawyer, Connor Fitzpatrick from the Foundation for Individual Rights and Expression (FIRE), said, “It was an affront to the First Amendment. The fact that it was in place for so long is unacceptable.”

In spite of the city’s decision Massy’s lawsuit against the city, the mayor, and the arresting officer is moving forward, with her legal team arguing that her constitutional rights were violated during the arrest. “The Constitution only survives and thrives when people stand up when rights are threatened, and that's what's happened here,” Fitzpatrick added.

In response, the City of Surprise issued a statement defending the now-repealed rule, noting that other Arizona cities have similar policies. The city also indicated that it will be reviewing its public comment rules to strike a balance between protecting free speech and conducting orderly meetings. However, Massy's legal team insists that similar rules in other cities should also be abolished.

Massy faces a trespassing charge, a misdemeanor, in connection with her arrest. Due to a conflict of interest, the City of Phoenix is handling the prosecution, and Massy’s arraignment is scheduled for October 22.