Attorney General Probed as City of Surprise Faces Allegations of Free Speech Suppression

By Staff Reporter |

Attorney General Kris Mayes is being urged to investigate the city of Surprise over an alleged infringement of a citizen’s free speech rights. Republican State Senator John Kavanagh formally requested an inquiry on Tuesday, following the arrest of Rebekah Massie, who criticized the city attorney during a city council meeting last month.

Massie has since filed a lawsuit against the city, supported by the Foundation for Individual Rights and Expression (FIRE). Mayor Skip Hall defended the city’s actions, stating that the removal of Massie was in accordance with a policy banning public comments that contain “charges or complaints” against city officials or employees.

Under Arizona law, the attorney general is mandated to investigate allegations of local governmental actions that may conflict with state statutes or the Arizona Constitution. Mayes’ office is required to issue a report within 30 days of accepting such a request. However, Kavanagh must first provide written notification of the alleged violation to Surprise leaders, granting them 60 days to address the issue. Given that Massie’s arrest occurred less than a month ago, Kavanagh’s request cannot currently proceed.

Kavanagh asserts that the city’s actions contravene both state law and constitutional rights. “In Arizona statutes, we have a provision that specifically states a public body may allow individuals to address them on any issue within their jurisdiction,” he remarked. He emphasized the vital role of safeguarding freedom of speech in democratic settings, asserting that citizens should have the opportunity to voice their concerns to local leaders.

In his letter to Mayes, Kavanagh questioned whether Surprise’s policy restricting public discourse by prohibiting complaints against city officials breaches constitutional protections and state laws regarding public comments during meetings.

If Mayes concludes that the city’s policy is unlawful, her office will notify the municipal leadership and provide a 30-day period for compliance. Failure to rectify the violation could lead to state funds being withheld. Alternatively, if Mayes finds potential violations, she could seek a ruling from the state Supreme Court, which would require Surprise to post a bond equal to half a year’s worth of state shared revenues.