The Fountain Hills Town Council has temporarily suspended the public comment portion of its meetings following a contentious session in which Mayor Gerry Friedel cleared the room. FOX 10 Phoenix reports that the decision comes amid allegations from resident Bethany Culp that council members and some members of the public engaged in religious proselytizing, potentially violating the Establishment Clause of the U.S. and Arizona Constitutions. The allegations cite comments made during a Sept. 16 meeting, when a pastor and council members reportedly referenced Christian theology and scripture.
On Tuesday, the Fountain Hills Town Council decided to temporarily suspend public comments for six months while it reviews and updates its procedures. During this period, the council will not issue “summary reports,” according to FOX 10 Phoenix. The town emphasized that the suspension is not an admission of wrongdoing: “Implementing a six-month suspension or removing Agenda Items C and E from the agenda as defined in the Rules of Procedure is not an admission of wrongdoing on the part of the Town or Council.” A proposal to potentially eliminate public comments entirely would make Fountain Hills the only city in the Valley with such a policy.
One resident, speaking to AZ Central, supported the decision, saying it prevents a small group from dominating town discussions. In contrast, Councilmember Brenda Kalivianakis called the measure a “gag order” and described it as “the worst idea” in the town’s history.
The debate in Fountain Hills highlights wider questions about religious expression in public meetings. First Amendment expert Erwin Chemerinsky told AZ Central that “Discussion of religion doesn't violate the (First Amendment)." He added "To exclude discussion of religion would violate the First Amendment.” Resident Bethany Culp, however, argues that the suspension is “unwarranted, punitive and an additional violation of the First Amendment.”
The public comment portion of Fountain Hills Town Council meetings is on hold while the council reviews and may revise its procedures. Mayor Gerry Friedel has said that public comments will return with updated guidelines.
