Senator Kavanagh Calls on Attorney General to Investigate Potential Free Speech Violations in Public Comment Policy for City of Surprise

FOR IMMEDIATE RELEASE: Tuesday, September 10, 2024

Senator Kavanagh Calls on Attorney General to Investigate Potential Free Speech Violations in Public Comment Policy for City of Surprise

PHOENIX, ARIZONA— Arizona State Senator John Kavanagh is calling on Attorney General Kris Mayes to launch an investigation into the public comment policy implemented by the City of Surprise after an activist was arrested during heated testimony at a city council meeting last month.

According to local media reports and video of a Surprise City Council meeting on August 20, a citizen criticizing a city employee during the public comment period was removed from the meeting and arrested then subsequently charged with trespassing, resisting arrest and obstructing government operations.

The complaint policy established by the City of Surprise within their public rules for council meetings dictates "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. Any such charges or complaints should be submitted during normal business hours to the City Manager for appropriate action."

"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."

Under ARS §41-194.01, a member of the Legislature may ask the Attorney General to investigate whether an ordinance, regulation, order, or other official action adopted or taken by the governing body of a county, city, or town violates state law or the Arizona constitution. On Tuesday, Senator Kavanagh submitted a formal request to Attorney General Mayes. If the Attorney General agrees that the city violated state law, Surprise city officials must change its illegal policy or forfeit its state-shared revenues.

MEDIA AVAILABILITY: Senator Kavanagh is hosting a virtual press conference to discuss this matter and answer any pertinent questions on Wednesday, September 11 at 1:00 p.m. Members of the media wishing to attend should RSVP by emailing csusel@azleg.gov and a Zoom link to the press conference will be distributed 30 minutes before the start time.

###

For more information, contact:

Kim Quintero

Director of Communications | Arizona State Senate Republican Caucus

kquintero@azleg.gov