Kavanagh Demands Investigation into Surprise’s Alleged Free Speech Breach

Sen. John Kavanagh, R-Fountain Hills, is calling for an investigation by Attorney General Kris Mayes into the public comment policy of the City of Surprise. This request follows the arrest of Rebekah Massie during a city council meeting on August 20.

Massie attended the meeting with her 10-year-old daughter to voice opposition to a proposed salary increase for the city attorney. During her remarks, she was interrupted by Mayor Skip Hall, who claimed she had breached public comment rules.

“Do you want to be escorted out of here?” Hall questioned Massie, referencing regulations that prohibit comments against city employees. Massie argued this violated her First Amendment rights.

After refusing to leave, Massie was arrested and charged with criminal trespass. Records state she unlawfully remained on the property after being asked to exit.

On Tuesday, Kavanagh sent a letter to Mayes requesting an investigation of the city’s public speaking policy. He expressed concern after monitoring media coverage of the incident, stating he allowed time for the city officials to amend the situation before filing the complaint.

“Arizona’s open meetings law ensures that individuals can comment on any issue relevant to the public body, including the city attorney’s salary,” Kavanagh noted. He emphasized that Massie’s comments were within the council’s jurisdiction.

Kavanagh affirmed that the open meeting law favors free speech, allowing criticism of public officials as well as responses from council members. He referenced SB1487, which allows lawmakers to request investigations into alleged violations by city or town governing bodies.

Kavanagh accompanied his letter with a two-page legal analysis pointing out potential violations of the law. He urged the Attorney General’s office to assess whether the council’s rules are illegal, stating noncompliance could threaten the city’s state-shared revenues.

A spokesperson for the Attorney General confirmed receipt of the request and stated the office would evaluate it under legal obligations. However, no further comments on the investigation were made.

This inquiry aligns with Massie’s lawsuit against the city, targeting what she describes as an “unconstitutional decorum rule.” The complaint alleges that the city policy infringes on First Amendment rights by permitting the removal of speakers for undesirable comments as well as actual disturbances.

In a declaration supporting a preliminary injunction, plaintiff Quintus Schulzke expressed fear of potential ejection for criticizing city officials during public comments. Massie’s arraignment in the Hassayampa Justice Court is set for September 25.

Kavanagh stressed the critical nature of preserving free speech in democratic engagements, advocating for public input in government affairs. In a recent post, City Councilman Jack Hastings announced plans to motion for the removal of the controversial rule at the next city council meeting, emphasizing the importance of open criticism of government and elected officials.