A federal lawsuit has been filed by the Foundation for Individual Rights and Expression (FIRE) against the City of Surprise following the arrest of Rebekah Massie at a city council meeting on August 20, where she aimed to voice her concerns over a proposed pay raise for the city attorney; during that meeting, after initiating her critique, Massie was ordered to be removed from the chamber by Mayor Skip Hall and was subsequently charged with trespassing, an incident that has sparked conversations and concerns about First Amendment rights, reports the Phoenix New Times.

Massie's situation caught the attention of FIRE and led to the civil lawsuit being launched with Conor Fitzpatrick, the supervising senior attorney for FIRE, at the lead, the group alleging that Surprise's actions violated Massie's constitutional rights to free speech, and in citing the case they state, “The Supreme Court has made clear that “one of the most precious of the liberties safeguarded by the Bill of Rights” is the sacred promise to every American, enshrined in the First Amendment, that citizens enjoy the freedom to complain about their leaders,” as described by 12News.

At the heart of these allegations lies an official form, which all speakers at city council meetings are required to sign; this form includes a controversial section barring complaints against city employees or council members, a policy which Fitzpatrick has boldly deemed as unconstitutional—asserting that public meetings are far from safe spaces for elected officials and that they should be prepared to receive direct and candid feedback from the people they serve.

Since the August meeting and after Massie's tumultuous removal, which occurred in front of her 10-year-old daughter, there has been public outcry, including demands for Mayor Hall's resignation and a strong denouncement from Surprise Mayor-Elect Kevin Sartor who condemned the arrest, saying, “As Americans, our right to free speech is fundamental, especially when it comes to holding our government accountable,” Sartor said, “What happened to Rebekah Massie is unacceptable. No citizen should ever be arrested for voicing their concerns, especially in a forum specifically designed for public input”, as per statements in the Phoenix New Times.

The subsequent City Council meetings have become a venue for the public's disapproval, with residents using the public comment period to express their dissatisfaction with how the city handled Massie's case, which was not addressed by the council during these meetings according to 12News; the City has not released a statement on the pending litigation.