Surprise councilman seeks to end controversial ban on criticism

(The Center Square) – Surprise Councilman Jack Hastings wants to get rid of the city's public comment policy that has landed the city in legal hot water.

"On Tuesday, at our next City Council Meeting, I will make a motion and/or vote to remove the rule that prohibits complaints against elected officials and city staff members during the public comment portion of our meetings," he posted on Friday.

"I support the freedom of speech and people should be able to voice their concerns and criticize their government and elected officials," Hastings added.

Surprise is being sued by the Foundation for Individual Rights and Expression over Mayor Skip Hall having a resident Rebekah Massie thrown out of a city council meeting in which she criticized the decision to give City Attorney Robert Wingo a pay raise.

"Massie insisted—correctly—that the First Amendment protected her comments. Mayor Hall didn’t care, responding, “Do you want to be escorted out of here or are you going to stop talking?” Massie stood firm on her constitutional rights and demanded the opportunity to finish her remarks," the federal lawsuit stated.

Hall said the comments violated policy, which led to he and Massie getting into an argument regarding the First Amendment, and she was then arrested and charged with trespassing after she refused to leave. Both Hall and the officer who arrested Massie are also being sued in their individual capacities.

State Sen. John Kavanagh, R-Fountain Hills, requested last week that Attorney General Kris Mayes' office investigate the policy preventing the public from "[lodging] charges or complaints against any employee of the City or members of the body" to see if it 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 stated .

Mayes' office told The Center Square last week that as state law allows lawmakers to request reviews like the one Kavanagh did, they cannot yet comment on the "potential pending investigation."

"The AG has received Senator Kavanaugh’s letter. Our office will fulfill its statutory duties under the law and evaluate the Senator's request for a 1487 investigation," her office said in an email.

As for Hastings, he's hopeful the policy will get scrapped as the city navigates next steps in its legal battle.

"I’m hoping it passes unanimously because it’s the right thing to do. You have to be able to deal with criticism if you’re going to be an elected official," Hastings told The Center Square in a text message. Mayor-elect Kevin Sartor already condemned the actions of Hall, and he will be taking office in January.

The city of Surprise previously told The Center Square it will not comment on the pending litigation.