Mom sues Arizona city, mayor, cop for arresting her for criticizing bureaucrat

A mother arrested in front of her daughter at an Arizona city council meeting, for refusing to stop criticizing the city attorney, is suing the City of Surprise, Mayor Skip Hall, and the police officer who arrested her at Hall's direction, Steven Shernicoff, seeking damages from the public officials.

The Foundation for Individual Rights and Expression followed through on its promise to sue the city and officials on behalf of Rebekah Massie, alleging violations of First Amendment freedom of speech and petition, Fourth Amendment unlawful seizure and false arrest, retaliatory arrest, an unconstitutionally broad and vague city council policy that bans "charges or complaints against any employee of the City or members of the body," and municipal liability for the actions of Hall and Shernicoff.

FIRE is also representing a frequent speaker and critic at city council meetings, Quintus Schulzke, for chilling his speech by arresting Massie. "Surprise’s sudden move to arrest dissidents and enforce the Council Criticism Policy is casting a cloud of fear over the city," the lawsuit says. It's seeking an injunction against the criticism policy.

Hall recognized Massie to speak nearly two hours into the meeting, when the city council asked for feedback on a planned pay increase for the city attorney, but he repeatedly told her to stop for saying that official was already paid too much and had not done an "exceptional" job as the proposal claimed.

She said the city attorney had "not complied with the Constitution, state law, or his duties of professional conduct" in handling complaints about a mayoral candidate and "had been dilatory in responding to public records requests," in FIRE's paraphrase. The city attorney was present.

Hall told Massie she was in violation of the criticism policy, said it "doesn't matter" that she was sharing, in her words, "factual information," and asked her "Do you want to be escorted out of here or are you going to stop talking?" 

She kept speaking, citing her First Amendment rights and "case law," and calling the policy unconstitutional. Hall called for Massie's removal and arrest, acknowledging her daughter was present, and warned the same would happen "any time you attack any staff member" in the future.

Shernicoff detained Massie, placed her arms behind her back, "forcibly removed Massie from the chamber," handcuffed her against a wall and took her to a detention facility, where a female officer searched her by "placing her
hands under Massie’s clothing and under Massie’s undergarments," the suit says. She was charged with criminal trespass.

Contrary to Hall's promise that Massie's daughter could go with her, the 10-year-old "was left in the City Council chamber" and "Shernicoff refused to permit Massie to make a phone call or otherwise attempt to locate her daughter."

FIRE is seeking actual, compensatory, and punitive damages against Hall and Shernicoff, whose conduct "recklessly and callously disregarded and was indifferent to Massie’s rights because they acted with the intent to suppress her nondisruptive political speech."

“I wanted to teach my children the importance of standing up for their rights and doing what is right — now I’m teaching that lesson to the city," Massie said in FIRE's press release.

"No American should be told to ‘stop talking’ or go to jail simply for speaking their minds at a city council meeting," FIRE attorney Adam Steinbaugh said.

FIRE reminded the city of Surprise it got a favorable settlement this spring in a lawsuit against Eastpointe, Michigan, whose now-former mayor, Monique Owens, shouted down and silenced constituents who criticized her at a city council meeting.

The city dropped a policy similar to Surprise's, formally apologized, paid each plaintiff a symbolic $17,910 plus attorney's fees and established Sept. 6, the day Owens shouted them down, as First Amendment Day.

The City of Surprise did not immediately answer a request for comment.