Rebekah Massie, 32, was apprehended after she questioned the city attorney's salary during the meeting. The arrest, she alleges, was a violation of her First and Fourth Amendment rights.
According to The Post Millennial, Massie, a regular attendee and vocal participant at city council meetings, voiced her concerns about the city attorney's remuneration on August 20. The meeting, which she attended with her 10-year-old daughter, took an unexpected turn when she was handcuffed and taken into custody.
Massie's attorney, Conor Fitzpatrick, from the Foundation of Individual Rights and Expression (FIRE), stated that his client was subjected to fingerprinting and a "pretty invasive patdown" during her detention, which lasted for at least two hours. Fitzpatrick argued that this treatment infringed upon her Fourth Amendment rights.
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The incident unfolded when Surprise Mayor Skip Hall abruptly interrupted Massie during her three-minute speaking slot. Accusing her of "attacking the city personally," Mayor Hall was met with a defiant response from Massie. "I could get up here and I could swear at you for three straight minutes, and it is protected speech by the Supreme Court," she retorted.
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Mayor Hall responded to Massie's comments with a warning, threatening to have her escorted out if she continued to speak. When Massie persisted in asserting that the policy was unlawful, Hall called upon Surprise Police Officer Steven Shernicoff to remove her from the premises. Despite her pleas not to be touched, Massie was escorted out, handcuffed, and subsequently charged with trespassing.
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Fitzpatrick, speaking to Fox News, emphasized the duty of public officials to listen to the public, even when they disagree. "Public officials are elected to serve the public, not silence them," he stated. He also noted that FIRE has expanded its mission beyond its original focus on colleges and universities that violate students' First Amendment rights, to include cases against "mayors and chairs abusing their powers to silence and punish people who go to public meetings and say things they don't like."
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The lawsuit also names Quintus Schulzke, another Surprise resident known for his active participation in council meetings. Fitzpatrick highlighted the broader implications of the case, stating, "The rule here affects people beyond Rebekah - people like Quintus who usually participate, they saw what happened to Rebekah. They see this rule that is being enforced to cast a pall... It leads people to self-censor, to say, 'I'm not going to a city council meeting, I could leave in handcuffs."
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Fitzpatrick concluded by emphasizing the importance of the First Amendment in protecting citizens' rights to participate in government meetings. "Every American should know that they should feel free to go to their city council meetings and school board meetings and become involved. What happened to Rebekah isn't ok, but the law is there to have her back," he said. "Every American that wants to get involved and participate in their government meetings, the First Amendment, will have their back, too."
