During a recent city council meeting in Surprise, Arizona, the mayor ordered the arrest of a woman who openly criticized the city attorney in violation of meeting regulations.
Rebekah Massie, 32, attended the meeting and used her time during public comments to express her disapproval of the reported raise given to Surprise city attorney Robert Wingo.
Described as a “Libertarian activist” by the Sinclair National Desk, Massie’s outspoken remarks led to her apprehension by local authorities.
According to Massie, Wingo engaged in “numerous violations, or alleged violations, and in blatant disregard … for not only the Arizona revised statutes, the state Bar rules of professional conduct, but also the Arizona state Constitution, and the Bill of Rights at the federal level.”
Massie then referenced previous election integrity issues and insisted that Wingo “did nothing” about them.
Shortly thereafter, Mayor Skip Hall warned Massie that, by “attacking the city attorney personally,” she was apparently violating one of the rules governing public comments. The rule says:
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 him/her.
Massie argued that she was only sharing “factual information” and asserted that the rule is “unconstitutional.”
“That’s a violation of my First Amendment rights,” she said calmly.
Massie also claimed that even if she were to stand at the podium and shout curse words at Hall for three minutes, her speech would still be considered “protected” under the Constitution and Supreme Court precedent.
At that moment, Hall grew frustrated and warned that Massie would be removed from the chamber. Although Massie understood that meeting protocols prohibited her from openly criticizing city officials, she continued to assert that the rule was unconstitutional.
“That’s your opinion,” Hall insisted.
Massie was shocked that Hall would consider removing her from the room in front of her 10-year-old daughter for exercising her First Amendment rights.
She also suggested that Mayor Hall may have breached meeting rules regarding debate.
After further discussion, a security officer approached the podium and tried to escort Massie out. When she resisted, the officer started to move her hands behind her back.
“Do not put your hands on me!” Massie railed.
“Are you kidding me?” she continued. “Why am I being detained? Under what charges?”
The officer forcibly removed Massie from the meeting as she screamed, and another attendee, possibly Massie’s daughter, promptly departed, as seen in a video of the meeting.
Subsequently, Massie was accused of trespassing, a class 3 misdemeanor, and of resisting arrest and obstructing government operations, both class 1 misdemeanors.
According to Not the Bee, Massie stated that she was not informed of her Miranda rights and was denied access to legal counsel. She also alleged that the arresting officer threw her to the ground and against a wall.
“I’m not resisting, my daughter is here, I don’t know what’s going on, you say I’m being detained, but I don’t know what for,” Massie said, according to Not the Bee.
The city claimed Miranda rights were not warranted in Massie’s case because she had not been interrogated, only cited and released. City officials “remain strong in their stance that the anti-free speech policy isn’t a violation of the First Amendment,” Not the Bee said.
The entire meeting can be seen here. Massie appears at about the 1:58:04 mark.
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