Letters: Authorities should at least drop charges against Massie

The recent city council meeting in Surprise has turned into a constitutional battleground.

At the center is Rebekah Massie, a resident who dared to exercise her right to free speech during a public comment session — only to be forcibly removed and charged with multiple misdemeanors. After researching the events surrounding this incident, it has become abundantly clear that the charges against Ms. Massie should be dropped immediately.

First and foremost, let’s address the fundamental issue: the laws and procedures that govern public meetings. Mayor Skip Hall, during the contentious city council meeting, cited a “Policies and Procedures” manual as his authority for interrupting Ms. Massie and having her removed.

However, what he conveniently overlooked is that this manual is not a legally binding document; it merely provides guidelines. More importantly, the city ordinance mandates that meetings must be conducted in accordance with Robert’s Rules of Order, a set of parliamentary procedures that, unlike the manual, does carry the force of law. This is a crucial distinction.

Arizona state law further supports Ms. Massie’s actions. During an open call to the public, any matter within the city’s jurisdiction can be discussed.

Ms. Massie was well within her rights to speak on an agenda item related to the city attorney’s salary, an issue that directly concerns the public. Yet, instead of adhering to these clear guidelines, Mayor Hall chose to escalate the situation unnecessarily.

Mayor Hall’s conduct during the meeting was not only undemocratic but also unlawful. He failed to manage the meeting with the decorum required by Robert’s Rules of Order. He interrupted Ms. Massie’s allotted speaking time, did not yield his position as chair appropriately, and engaged in debate, a clear violation of the procedures that he is legally obligated to follow.

There were several alternative actions he could have taken to address his concerns, such as calling for a recess to discuss the guidelines privately or allowing Ms. Massie to finish her remarks. Instead, he opted for the most extreme measure: threatening police action.

Furthermore, the manner in which the police officer handled the situation raises additional legal concerns. According to witnesses and available footage, the officer did not give Ms. Massie a direct order to leave, nor did he provide a clear reason for her detainment.

Instead, he approached her from behind, without identifying himself, and placed his hand on her back before instructing her to leave. Ms. Massie was never explicitly asked to leave the premises before being physically engaged by the officer, which constitutes a procedural violation and raises questions about the lawfulness of her arrest.

Given these facts, it is evident that Mayor Hall violated both state and federal laws concerning public meetings and free speech. Additionally, the police officer’s actions did not align with proper protocol for handling such situations. These violations make a compelling case for a judge to dismiss the charges against Ms. Massie. The legal principle is clear: actions taken in violation of the law cannot serve as a legitimate basis for criminal charges.

This incident is not merely a local issue but a critical moment for defending democratic principles. As residents of Surprise, we must stand firm in protecting our rights to free speech and holding our elected officials accountable. The charges against Massie should be dropped immediately, and steps must be taken to ensure such a miscarriage of justice does not occur again.

Mayor-elect Kevin Sartor has already condemned the actions of Mayor Hall, pledging a renewed commitment to transparency, respect, and the protection of citizens’ First Amendment rights. This promise is a step in the right direction, but words must be backed by actions. The residents of Surprise deserve leadership that respects the rule of law and the fundamental freedoms of its citizens.

It’s time for our city to reflect on these events, to correct the wrongs that have been done, and to reaffirm our commitment to democratic values. Dropping the charges against Massie would be the first step toward rebuilding public trust and upholding the principles that form the foundation of our community.