(The Center Square) – The Foundation for Individual Rights and Expression is suing the city of Surprise over a local woman being arrested and charged with trespassing after criticizing the city attorney at a meeting on Aug. 20.
Rebekah Massie, a Surprise resident, was criticizing the decision by the council to give City Attorney Robert Wingo a raise.
“I have concerns with allocating the more funds to him specifically for a few different reasons,” Massie stated, saying that she has public records requests under “legal review” and does not believe that Wingo should get a raise given job performance and that he is one of the highest paid city officials in the Phoenix Metropolitan Area making over $265,000, according to a Daily Independent story .
Mayor Skip Hall then cut her remarks off stating that people cannot “lodge charges or complaints against” city employees or the elected officials during the meeting, according to rules he was reading from.
“You are violating my First Amendment rights,” Massie said at one point.
“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.
A police officer came over to escort Massie out after Hall requested, but she was arrested after she questioned and resisted the grounds for removal. According to case records , she was given a citation for third degree trespassing.
“City of Surprise: We'll see you in court,” the organization tweeted Monday morning. “The First Amendment protects Americans' right to criticize public officials without being arrested.”
The foundation, also known as FIRE, handles numerous First Amendment cases, including ones on college campuses.
“This is an action taken by the mayor,” Councilman Jack Hastings told The Center Square.
“Simply based on what she was saying, I personally would have left her finish talking,” he added. “I wouldn’t have done it personally.”
Sources told The Center Square that she regularly makes public comments at council meetings critical of city officials and decisions, which led to the tensions boiling over between her and Mayor Skip Hall, who is in his last term.
The city did not respond to request for comment in time for publication. Both the Hall and Wingo are facing criticism, including calls for both of them to resign from their positions following the situation.
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