AZ Senator John Kavanagh (R-LD3) is demanding that AG Kris Mayes formally investigate the City of Surprise over the arrest of a resident for criticizing the city council. The Arizona Globe first reported on this on September 4, 2024, after the Foundation of Individual Rights and Expression filed a Federal lawsuit on behalf of Surprise citizen and local activist Rebekah Massie, alleging that the city’s council’s “criticism policy” violates the First Amendment.

Kavanagh, who issued a press release on September 10, 2024, wrote, “It appears to me that the City of Surprise may be violating state statute and our citizens’ fundamental right to free speech by enacting this policy,” said Senator Kavanagh. “In Arizona statutes, we have a provision that specifically says, ‘[a] public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body.’ Protecting freedom of speech, especially in public government settings, is incredibly important to our democracy. Regardless of where they stand, members of the public deserve the opportunity to voice their opinions and concerns to city leaders.”

The Arizona Revised Statutes (ARS §41-194.01) specifies that, as a member of the Legislature, he has the right to ask the AG to investigate any official action, rule, order, regulation, or ordinance by a governing body (county, city, or town) that potentially violates state law or the Arizona constitution. If the investigation proves that Surprise violated Massie’s rights, the city would be forced to reverse the policy or face a loss of state revenues.