‘Objectively outrageous’: Judge tosses criminal case against mom arrested for criticizing city official at public meeting

A state judge in Arizona this week tossed a criminal case against a woman who was arrested at a city council meeting for criticizing the pay raise and professional competence of a city attorney.

Justice of the Peace Gerald Williams on Wednesday had dismissed the trespassing charge filed against Rebekah Massie two months ago as unconstitutional, saying it was “objectively outrageous” for the government to attempt to control the content of her political speech.

“For more than two months I’ve been living with the threat of punishment and jail time — being taken away from my kids, even — for doing nothing more than criticizing the government,” Massie said in a statement following the ruling. “Free speech still matters in America, and I can’t tell you what a relief it is to have people on my side standing up for our rights with me.”

Against the request of prosecutors, the charge was dismissed “with prejudice,” meaning the case against Massie cannot be refiled at a later date.

The case against Massie began during the public comment period of a city council meeting on Aug. 20, 2024, in Surprise, Arizona. Massie, who attended the meeting with her 10-year-old daughter, addressed the council and questioned whether a particular public employee deserved a raise in salary, adding that she believed his job performance had been subpar.

Surprise Mayor Skip Hall interrupted Massie and informed her that the council had a policy that prohibited citizens from using public comment time to “lodge charges or complaints” against any public officials or employees. Massie pushed back on the mayor’s comments, arguing that the policy was unconstitutional and violated her First Amendment rights. The mayor then ordered Massie to be removed from the meeting by police. She was detained and charged with one count of trespassing.

In his dismissal order, Williams emphasized that there were “a few problems” with the council policy that led to Massie’s arrest. Specifically, he noted that the policy “regulated not just speech; but political speech” as well as “the content of political speech.”

“No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech. In this case, the government did so in a manner that was objectively outrageous,” the order states. “The Defendant should not have faced criminal prosecution once for expressing her political views. The Court agrees that she should never face criminal prosecution, for expressing her political views on that date at that time, again.”

Massie’s defense attorney, Bret Royle, celebrated the ruling.

“Rebekah should never have been detained, let alone criminally charged, for speaking her mind,” Royle said in a statement. “That’s the kind of thing that happens in tyrannical countries but should never happen here. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”

Massie’s arrest drew national headlines and the city council on Sept. 17, 2024, responded by unanimously appealing the rule leading to her arrest.

While the criminal case against Massie is over, she has filed a federal lawsuit against the city, the mayor, and the police officer who arrested her, seeking damages for allegedly violating her constitutional rights. She is being represented in the civil case by Conor Fitzpatrick of the Foundation for Individual Rights and Expression (FIRE).

“The fight goes on in Rebekah’s lawsuit against the City of Surprise, Mayor Hall, and Officer [Steven] Schernicoff,” Fitzpatrick said in a statement. “We want to make it crystal clear to governments across the United States that brazenly censoring people and betraying the First Amendment comes with a cost.”

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