SURPRISE, AZ — A federal judge ruled that key portions of a lawsuit will move forward against the City of Surprise for wrongfully arresting a woman at a public council meeting.
Late last year, Surprise’s attorneys filed a motion to dismiss several claims filed by Rebekah Massie for open meeting law violations. But Judge Roslyn Silver denied the city’s motion on January 6 in a ruling that means the case will now proceed to discovery.
Surprise declined to comment on the decision, but Massie’s lawyer issued a statement.
“We’re going to continue to fight not only to vindicate Rebekah's constitutional rights, but to ensure that all Arizonans are free to speak their minds,” said Adam Steinbaugh, a senior attorney with the Foundation for Individual Rights and Expression. “All of us have the right to criticize our government without being arrested.”
Massie was arrested on August 20, 2024.
The arrest was captured on video and made national headlines.
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On that day, an officer hauled Massie out of a Surprise City Council meeting on orders from the mayor and police chief.
Why? She criticized the city’s attorney during public comment, violating a long-standing policy that prohibited speakers from badmouthing employees at council meetings.
A local judge dismissed the criminal charges against Massie and called the case “objectively outrageous."
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
