(The Center Square) – Arizona State Sen. John Kavanagh is asking Attorney General Kris Mayes to take action against the City of Surprise regarding the recent controversy involving its public comment rules.
The city is being sued by the Foundation for Individual Rights and Expression in federal court for alleged First Amendment violations.
Rebekah Massie was arrested and charged with trespassing during the public comment period after Mayor Skip Hall asked her to be removed. Massie was criticizing the city’s council’s decision to give the city attorney a pay raise when Hall brought up the commenting policy that does not allow people to “lodge charges or complaints against any employee of the City or members of the body” and instead asks residents to file complaints with the city manager.
The two then got into an argument over the First Amendment and Massie was then arrested for questioning grounds for her removal.
“You are violating my First Amendment rights,” Massie during now viral interaction.
“That’s your opinion,” Hall responded.
“It’s not a matter of opinion.”
“Do you want to be escorted out, Ms. Massie? Because that’s what’s gonna happen. And it’s gonna happen in the future also,” he responded.
Kavanagh wants the office to specifically look into whether their public comment policy violates state law.
“It appears to me that the City of Surprise may be violating state statute and our citizens’ fundamental right to free speech by enacting this policy,” Kavanagh said in a statement.
“In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body.’”
“Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders,” he continued.
The city told The Center Square for the last report that they do not comment on pending litigation. Mayor-elect Kevin Sartor condemned the decision by the outgoing mayor to have Massie thrown out of the meeting.
