Surprise City Council repeals decades-long rule after arrest of public speaker – Arizona's Family

SURPRISE, AZ (AZFamily) — The Surprise City Council voted to scrap a rule that banned the public from complaining against city workers during council meetings on Tuesday night.
The change follows an intense moment when activist Rebekah Massie was arrested and escorted out of the meeting on Aug. 20 by an officer moments after Mayor Skip Hall interrupted Massie.
Mayor Hall said Massie signed a form to follow the city’s rule that says “oral communications during the City Council meeting can’t be used to lodge charges or complaints against any city employees.”
Despite the rule being repealed, Massie’s lawyer Conor Fitzpatrick with the Foundation for Individual Rights and Expression (FIRE) is still moving forward with a civil lawsuit against the city, its Mayor and the officer.
“Cities need to be punished when they violate citizens’ clearly established First Amendment rights,” said Fitzpatrick. “And there is nothing more at home with the First Amendment than peacefully going to a government meeting, stepping up to the podium and addressing your problems to your elected officials.”
He said they’re grateful the city has taken this first step, but still needs to be held accountable.
“This rule shouldn’t have been in place for 20 minutes, let alone 20 years. So the fact that this rule stayed in place for two decades is frankly a rather damning indictment of the City of Surprise’s respect for the First Amendment over these last two decades,” said Fitzpatrick.
“At their September 17, 2024 Regular City Council Meeting, the Surprise City Council voted to repeal a public comment rule that has been part of its speaker decorum rules for over 20 years. Other cities in Arizona follow similar speaker decorum rules or variations thereof at their meetings.
As this area of the law is constantly evolving, and in light of recent events, the City has decided to repeal this rule and review its speaker rules to ensure they set forth appropriate time, manner, and place guidelines that protect both the public’s right to speak and the City’s right, and expectation of citizens in attendance, to conduct its meetings efficiently, effectively, and with appropriate decorum and civility.”
Fitzpatrick also has a message for other cities who have a similar rule.
“Those other cities should see what’s happening in Surprise right now and take heed as to what is happening in Surprise. If other cities have a similar rule, it’s time for that rule to go,” he said.
Massie was cited for trespassing when she was arrested. The case will be handled by the city of Phoenix due to the conflict of interest.
She is set to be arraigned on Oct. 22.
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