(The Center Square) – The City of Surprise is officially being sued in the United States District Court of Arizona for alleged free speech violations.
The Foundation of Individual Rights and Expression filed the lawsuit on Tuesday morning after making it clear they would take action against the city, alleging that the city’s council “criticism policy” is in violation of the First Amendment.
Mayor Skip Hall, who is also being sued in his individual capacity, had local activist Rebekah Massie removed from a meeting after she criticized the decision to give the city attorney a raise.
Hall and Massie got into an argument about the First Amendment parameters during public comment, and when the police officer came up to the podium to remove her, she vocalized her opposition to the move, which led to a trespassing charge.
“Massie insisted—correctly—that the First Amendment protected her comments. Mayor Hall didn’t care, responding, “Do you want to be escorted out of here or are you going to stop talking?” Massie stood firm on her constitutional rights and demanded the opportunity to finish her remarks,” the lawsuit states, saying the “video of the arrest speaks for itself.”
The officer who made the arrest is also being sued in his individual capacity for allegedly following an “unconstitutional order.”
“She never got the chance. Instead, Mayor Hall instructed a Surprise police officer, Defendant Steven Shernicoff, to detain Massie and eject her from the room,” the lawsuit adds.
FIRE said that lawsuit is a step for protecting the right to scrutinize public officials.
“No American should be told to ‘stop talking’ or go to jail simply for speaking their minds at a city council meeting. Public officials are elected to serve the people — not silence them,” FIRE attorney Adam Steinbaugh said in a statement.
Meanwhile, Massie said legal action was necessary after what happened, as she’s also fighting the trespassing charge.
“I wanted to teach my children the importance of standing up for their rights and doing what is right — now I’m teaching that lesson to the city,” Massie said. “It’s important to fight back to show all of my children that the First Amendment is more powerful than the whims of any government official,” she said in a statement on Tuesday.
The city did not respond for comment in time for publication. Hall will be leaving office in January, and Mayor-elect Kevin Sartor criticized the move by Hall, as the city will now be tasked with deciding whether they want to try and settle the case or fight it in court.
