Kara Sears
In Arizona, there have been instances of mayors breaking the law. One notable example is the case of Rebekah Massie, who was arrested by the mayor of Surprise, Arizona, for questioning a city attorney's pay raise during a council meeting. The mayor cited an unconstitutional rule banning complaints about city officials, which was later challenged in federal court by the Foundation for Individual Rights and Expression (FIRE). This incident sparked a lawsuit, with FIRE defending Americans' right to criticize the government and asserting that arresting government critics has no place in a democratic society. Another similar case occurred in Eastpointe, Michigan, where the former mayor shouted down and censored four constituents who criticized her during city council meetings. As a result, the city was forced to abandon its policy prohibiting public comments directed at elected officials and established an annual First Amendment Day to promote free speech and thought. These cases highlight the importance of upholding the First Amendment and protecting individuals' right to free expression, even when it involves criticising government officials.
| Characteristics | Values |
|---|---|
| Mayor | Skip Hall |
| City | Surprise, Arizona |
| Incident | Mayor had Rebekah Massie arrested for questioning a city attorney's pay |
| Reason for arrest | Mayor cited an unconstitutional rule banning complaints about city officials |
| Outcome | Foundation for Individual Rights and Expression filed a federal lawsuit challenging the city's rule |
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What You'll Learn
- Mayor of Surprise, Arizona, Skip Hall, interrupts a woman for breaking a city rule
- Rebekah Massie is arrested for questioning a city attorney's pay
- The Foundation for Individual Rights and Expression sues in federal court
- The city of Eastpointe, Michigan, settles a lawsuit by scrapping a policy prohibiting public comments
- FIRE attorney Conor Fitzpatrick says: 'Arresting government critics might be how the world's repressive regimes operate, but it has no place in America'
Mayor of Surprise, Arizona, Skip Hall, interrupts a woman for breaking a city rule
In 2024, Rebekah Massie, a Surprise, Arizona resident, criticised a city attorney's pay raise during a council meeting. The mayor of Surprise, Skip Hall, interrupted her, saying that her comments broke a city rule prohibiting "charges or complaints against any employee of the City or members of the body". Massie responded that the policy violated the First Amendment. Massie was arrested in front of her 10-year-old daughter.
The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organisation dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought. FIRE sued in federal court to defend Americans' right to criticise the government. They argued that "if the First Amendment protects anything, it protects criticising government officials".
In a similar case, the former mayor of Eastpointe, Michigan, shouted down and censored four constituents who criticised her during city council meetings. To settle the lawsuit, the city ditched its policy prohibiting public comments "directed at" an elected official, issued a formal apology, paid damages and fees, and established 6 September as an annual "First Amendment Day" in Eastpointe.
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Rebekah Massie is arrested for questioning a city attorney's pay
Massie's arrest is not an isolated incident. In April, FIRE taught a similar lesson to the city of Eastpointe, Michigan, after the former mayor shouted down and censored four constituents who criticised her during city council meetings. To settle the lawsuit, the city ditched its policy prohibiting public comments "directed at" an elected official, issued a formal apology, paid damages and fees, and established September 6 as an annual "First Amendment Day" in Eastpointe.
Conor Fitzpatrick, a FIRE attorney, said: "If the First Amendment protects anything, it protects criticising government officials. Arresting government critics might be how the world's repressive regimes operate, but it has no place in America."
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The Foundation for Individual Rights and Expression sues in federal court
In 2024, the Foundation for Individual Rights and Expression (FIRE) filed a federal lawsuit against the city of Surprise, Arizona. The lawsuit was in response to the arrest of Surprise resident Rebekah Massie, who had criticised the city attorney's pay raise during a council meeting. Massie was arrested in front of her 10-year-old daughter and charged with breaking a city rule that prohibits "charges or complaints against any employee of the City or members of the body". However, Massie accurately responded that this policy violates the First Amendment.
FIRE is a nonpartisan, nonprofit organisation dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought. In their lawsuit, they challenged the city of Surprise's rule that forbids people from criticising government officials at city council meetings. They argued that arresting government critics has no place in America and that the First Amendment protects the right to criticise government officials.
This incident is not the first time that FIRE has taken legal action against a city for violating the free speech rights of its citizens. In April, FIRE settled a lawsuit with the city of Eastpointe, Michigan, after the former mayor shouted down and censored four constituents who criticised her during city council meetings. As a result of the settlement, the city of Eastpointe ditched its policy prohibiting public comments "directed at" an elected official, issued a formal apology, paid damages and fees, and established September 6 as an annual "First Amendment Day" in the city.
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The city of Eastpointe, Michigan, settles a lawsuit by scrapping a policy prohibiting public comments
In April 2024, the city of Eastpointe, Michigan, settled a lawsuit by scrapping a policy prohibiting public comments. The lawsuit was filed by the Foundation for Individual Rights and Expression (FIRE) on behalf of four residents: Mary Hall-Rayford, Karen Beltz, Karne Mouradjian, and Cindy Federle. The residents sued the city, alleging that their First Amendment rights were violated during city council meetings when they were prohibited from speaking during public comment periods by the city's former mayor, Monique Owens. The mayor repeatedly shouted down residents who criticised her, but allowed those who praised her to speak.
The city settled the lawsuit by agreeing to a consent decree prohibiting it from enforcing a limitation on public comments and requiring it to allow members of the public to express criticism of public officials during meetings. The city also paid each plaintiff $17,910, a sum representing the year of the First Amendment's ratification (1791), and attorneys' fees. Additionally, the City Council passed a resolution declaring September 6 as First Amendment Day and apologising for the events of two City Council meetings in 2022.
This case in Eastpointe, Michigan, is similar to an incident in Surprise, Arizona, where the mayor, Skip Hall, interrupted and had Rebekah Massie arrested for questioning a city attorney's pay raise during a council meeting. The mayor cited an unconstitutional rule banning complaints about city officials, which the Foundation for Individual Rights and Expression (FIRE) challenged in federal court, arguing that it violated the First Amendment.
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FIRE attorney Conor Fitzpatrick says: 'Arresting government critics might be how the world's repressive regimes operate, but it has no place in America'
In 2024, Rebekah Massie was arrested in front of her 10-year-old daughter for questioning a city attorney's pay at a council meeting in Surprise, Arizona. The mayor, Skip Hall, interrupted her, saying that her comments broke a city rule prohibiting "charges or complaints against any employee of the City or members of the body". Massie responded that the policy violated the First Amendment.
The Foundation for Individual Rights and Expression (FIRE) filed a federal lawsuit challenging the city's rule that forbids people from criticising government officials at city council meetings. FIRE attorney Conor Fitzpatrick said:
> Arresting government critics might be how the world's repressive regimes operate, but it has no place in America.
Fitzpatrick has extensive litigation experience at the state and federal level. He has first-chaired multiple jury trials and briefed and argued several eight-figure cases on appeal. He also has a track record of supporting civil liberties and the First Amendment. Before joining FIRE, he taught First Amendment law as an adjunct professor at the University of Detroit Mercy School of Law. He has extensive experience litigating First Amendment cases pro bono on behalf of the incarcerated.
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Frequently asked questions
It depends on the law they break. In one case, a mayor was sued for having a resident arrested for criticising a city attorney's pay raise.
Yes, but it is rare. In one case, a mayor was sued for having a resident arrested for criticising a city attorney's pay raise.
Yes, in one case, a mayor was sued for interrupting a resident and citing a rule that the resident said violated the First Amendment.
Yes, in one case, a mayor was sued for having a resident arrested for criticising a city attorney's pay raise.
