(The Center Square) – The Surprise City Council unanimously scrapped its public comment policy as it faces a lawsuit from a local activist’s removal from a recent meeting.
The rule limited the ability to “lodge charges or complaints against any employee of the City or members of the body” during council meetings public comment period and instead required people to refer their issues to the city manager instead. The motion was introduced by Councilman Jack Hastings, who said on Friday that “people should be able to voice their concerns and criticize their government and elected officials” in an announcement to X on Friday.
The policy’s legality came into question after Mayor Skip Hall had activist Rebekah Massie removed from a meeting after she criticized the decision to give City Attorney Robert Wingo a pay raise. Hall said her comments broke policy, and the two argued about the First Amendment.
“You are violating my First Amendment rights,” Massie said in the now viral clip at the Aug. 20 meeting.
“That’s your opinion,” Hall said.
“It’s not a matter of opinion.”
“Do you want to be escorted out, Ms. Massie? Because that’s what’s gonna happen. And it’s gonna happen in the future also,” he replied.
Massie refused to leave when asked to do so, citing constitutional concerns, which led her being charged with trespassing. The officer who arrested her, along with Hall, are also being sued by the Foundation for Individual Rights and Expression along with the city in the federal case.
Although the repeal was approved, FIRE said it’s come far too late.
“The city council’s decision to scrap its unconstitutional rule banning criticism of public officials is the right move — but the damage has already been done. 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.
“Twenty-eight days ago, Mayor Skip Hall abused his power to stifle dissent. This decision comes 28 days too late for Rebekah Massie,” he added.
Hall is leaving office in January, and Mayor-elect Kevin Sartor previously said he disagreed with the decision to have Massie removed. The city will still be faced with navigating next steps with the lawsuit.
