The city of Surprise in Arizona got sued for arresting a resident who just voiced out concerns during the public comments portion of a council meeting.
According to YourNews, the lawsuit filed in federal court in Arizona alleges that officials in the city violated the U.S. Constitution and state laws designed to protect free speech. The complaint was filed by the Foundation for Individual Rights and Expression (FIRE) and listed residents Rebekah Massie and Quintus Schulzke as plaintiffs.
The lawsuit argues that the city's Council Criticism Policy, which bans residents from lodging complaints or criticisms against city officials during council meetings, clearly violates the First Amendment. The policy also allegedly violates the Fourth and Fourteenth Amendments, as well as the Civil Rights Act of 1871.
The lawsuit also emphasizes that the U.S. Supreme Court has consistently upheld the rights of citizens to criticize public officials, something FIRE describes as "one of the most precious of the liberties safeguarded by the Bill of Rights" in its filing.
It seeks a court order to overturn the unconstitutional policy and prevent the city from enforcing it in the future. Moreover, the lawsuit seeks compensatory, nominal and punitive damages along with attorneys’ fees. Defendants in the lawsuit include the city of Surprise, its Mayor Skip Hall and Officer Steven Shernicoff of the Surprise Police Department.
City officials aren't immune to criticism by We The People
The lawsuit stemmed from an Aug. 20 city council meeting where Massie was arrested for criticizing a city official. During the meeting, she voiced out her opposition to a proposed salary hike for Surprise City Attorney Robert Wingo. According to YourNews, the city attorney is already one of the highest-paid officials in the Phoenix region with his annual salary of $265,000.
Massie voiced out her concerns during the portion of the council meeting designated for public comments. Her criticism centered on Wingo's pay increase, as she believes he has failed to comply with the Constitution, state law and his professional duties. But Hall abruptly cut Massie's remarks short, citing the Council Criticism Policy. (Related: Arizona residents drive entire Maricopa County Board of Supervisors out of meeting after serving them for TREASON.)
"Oral communications during the City Council meeting may not be used to lodge charges or complaints against any employee of the City or members of the body, regardless of whether such person is identified in the presentation by name or by any other reference that tends to identify [them]," the policy states. However, Arizona state law explicitly allows the public "to criticize members of a public body during a public comment period" with this stipulation bolstering the plaintiffs' case against the city.
Hall warned that Massie's remarks were prohibited, to which she accused him of violating her First Amendment rights. The mayor continued to dismiss her speech and eventually ordered Massie to be escorted out of the meeting and put under arrest. She was later charged with trespassing.
"Surprise's sudden move to arrest dissidents and enforce the Council Criticism Policy is casting a cloud of fear over the city," the lawsuit stated. It also accused Hall of abusing his power to "suit his own whims," disregarding the constitutional rights of residents like Massie.
Schulzke, Massie's co-plaintiff in the case, expressed concerns about speaking out at future meetings. He fears that he could suffer the same fate as Massie and be arrested for merely exercising his constitutional rights.
"The case, which highlights nearly a dozen alleged constitutional violations by the city and its officials, is expected to draw significant attention as it proceeds through the courts," YourNews ultimately remarked. "The outcome could have broader implications for how public criticism is handled in government meetings across the country."
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Watch this video about Ryan Messano, a Sacramento resident arrested for exercising his free speech rights during a meeting of the city council.
This video is from the Children Are NOT Sex Toys! channel on Brighteon.com.
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