Bold Woman Takes on City in Groundbreaking Free Speech Rights Lawsuit

By Staff Reporter |

Rebekah Massie, a resident of Surprise, Arizona, has filed a lawsuit against the city after her arrest during a council meeting gained widespread attention. The Foundation for Individual Rights and Expression (FIRE) is representing her in this legal battle, asserting that her constitutional right to criticize government officials was violated.

The incident occurred when the outgoing mayor of Surprise, Skip Hall, ordered Massie’s arrest for expressing her concerns about city attorney Robert Wingo’s pay raise. Hall claimed Massie could not “attack” public officials during the meeting, abruptly cutting off her remarks.

Hall’s warning during the confrontation foreshadowed further repercussions for any citizens who might dare to dissent in future meetings, threatening their removal. Massie’s challenges centered on how the city justified increasing Wingo’s salary based on his performance.

Adding to the distress, police arrested Massie in front of her 10-year-old daughter, who had accompanied her to the council meeting. Massie contended in a video that Hall had used law enforcement to suppress her free speech.

“I have certain inalienable rights, and they were not only trampled on, but the mayor essentially weaponized the police force to shut me up,” she declared.

FIRE’s statement suggests that such actions are detrimental to American democratic principles, where citizens should not fear repercussions for expressing their views during public forums. Massie emphasizes the importance of teaching children about standing up for their rights, equating her arrest to a crucial lesson in civic engagement.

“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 stated.

The lawsuit targets Mayor Hall, the city of Surprise, and the arresting officer, Steven Shernicoff. FIRE has labeled the council’s policy against criticizing officials the “Council Criticism Policy,” highlighting its potential unconstitutionality.

Conor Fitzpatrick, an attorney with FIRE, stressed the significance of the First Amendment’s protection of government criticism. “If the First Amendment protects anything, it protects criticizing government officials. Arresting government critics has no place in America,” he said.

Additionally, Massie, a self-identified libertarian, founded The Grand Failure, a nonprofit aimed at promoting government transparency and public safety. Following the incident, Mayor-Elect Kevin Sartor publicly condemned Hall’s actions. In a statement, he affirmed the critical role of free speech in holding government accountable, declaring, “No citizen should ever be arrested for voicing their concerns, especially in a forum specifically designed for public input.”