Kavanagh Calls for Investigation into Surprise’s Alleged Free Speech Breach

Sen. John Kavanagh, R-Fountain Hills, has formally requested an investigation from Attorney General Kris Mayes into the City of Surprise’s public comment policy. This move follows the arrest of Rebekah Massie during a city council meeting on August 20 while she voiced opposition to an increase in the city attorney’s salary.

Massie, accompanied by her 10-year-old daughter, expressed her dissent before being interrupted by Mayor Skip Hall. He stated she had breached public comment rules, specifically mentioning that comments could not target city employees. This prompted Massie to assert, “That’s a violation of my First Amendment rights,” leading to a tense exchange between her and the mayor.

Massie’s insistence on her rights led to her arrest for third-degree criminal trespass after Hall asked her to leave. Kavanagh took notice of the unfolding situation, prompting him to communicate with Mayes on Tuesday about potentially unconstitutional actions taken by city officials.

In his letter, Kavanagh highlighted that Arizona’s open meetings law permits the public to comment on matters that fall within the jurisdiction of the council, including the behavior of its attorney. He emphasized that city policies should not suppress public input, noting if there were questions about the legality of Massie’s comments, they should favor free speech.

Kavanagh referenced Arizona Senate Bill 1487, which empowers lawmakers to seek investigations from the Attorney General regarding actions by city governing bodies that may contradict state law or the constitution. He provided Mayes with a legal analysis outlining possible violations and consequences if the policy is deemed illegal.

A spokesperson for the Attorney General’s office acknowledged receipt of Kavanagh’s request and confirmed that they would evaluate it as part of their statutory obligations. However, details regarding the investigation remain undisclosed.

Concurrent with this investigation, Massie has filed a lawsuit against the city, alleging that the public comment policy infringes on her First Amendment rights. The lawsuit claims that the policy allows for the removal of speakers not just for disturbances but also for expressing unwelcome opinions, thereby potentially violating multiple constitutional amendments.

Co-plaintiff Quintus Schulzke expressed fears about retaliation for critical comments during public meetings. Massie’s arraignment is slated for September 25 at the Hassayampa Justice Court.

Kavanagh remarked on the importance of upholding freedom of speech within government settings, underscoring the need for citizens to express their concerns to elected officials without the fear of repercussions.