Staff Report

NOTICE OF CLAIM

To: Fountain Hills Town Council
Attn: Town Manager Rachael Goodwin, Mayor Gerry Friedel, Vice-Mayor Allen Skillicorn
and Councilmember Hannah Larrabee. ty
16705 E. Avenue of the Fountains

Fountain Hills, AZ 85268

Re: Notice of Claim - Town of Fountain Hills, Mayor Gerry Friedel, Vice-Mayor Allen
Skillicorn and Councilmember Hannah Larrabee.

Pursuant to A.R.S. § 12-821.01, this Notice of Claim is submitted by Bethany Culp
(“Claimant”) against the Town of Fountain Hills, a municipal corporation, and the following
individual public officials and employees in their individual and official capacities: Mayor
Gerry Friedel, Councilmember Hannah Larrabee and Vice-Mayor Allen Skillicorn. The
conduct complained of in this Notice occurred during the Regular Meeting of the Fountain
Hills Town Council on September 16, 2025.

INTRODUCTION

This Notice of Claim is hereby served upon the Town of Fountain Hills and its governing
body, the Town Council and the following individual members of the Town Council: Mayor
Gerry Friedel, Vice-Mayor, Allen Skillicorn and Councilmember Hannah Toth.

These violations complained of in this Notice were committed by Mayor Gerry Friedel, Vice-
Mayor Allen Skillicorn and Councilmember Hannah Larrabee during the Regular Meeting of
the Fountain Hills Town Council held on September16, 2025.

The undersigned hereby provides notice of intent to pursue legal action against the Town
and the individuals identified above seeking compensatory damages and declaratory and
injunctive relief for violation of the Arizona Constitution, Article II, Section 12, and Article
XX, Paragraph and an action under 28 USC § 1983 for violation of the Establishment Clause
contained in the First Amendment to the United States Constitution.

FACTUAL BACKGROUND

On or about September 16, 2025, during a regularly scheduled public meeting of the
Fountain Hills Town Council, during a time specifically reserved in the Rules of Procedure
for an Invocation/Moment of Reflection, Friedel allowed Pastor Dee Pavia, to eulogize
Charlie Kirk, promote her Christian religion and invoke the Christian tenet that only
“believers” would be saved. This eulogy was delivered before the Invocation/Moment of
Reflection provided for in the Rules of Procedure.

During the September 16" meeting, in time reserved by The Rules of Procedure for council
members to provide two-minute summary reports of their town related activities and
discuss town related events, Friedel allowed Skillicorn and Larrabee to use the allotted time

to eulogize Charlie Kirk, engage in religious proselytizing, read from scripture and invoke
demons, Hell and salvation in an effort to promote their Christian religion and coerce and
intimidate members of the public who were in attendance or participating in the meeting
via the link to the live broadcast of the proceedings.

During the Call to the Public, time reserved for citizens to address the Town Council on non-
agendized issues within the Council’s jurisdiction, Friedel allowed a local resident, Ben
Larrabee, to eulogize Kirk engage in religious proselytizing, promote his Christian religion
and attack the “radical left” for “ideologies and the lifestyles that have poisoned the minds of
his killers.”

In his capacity as the Presiding Officer Friedel is obligated to protect and uphold the
Constitutional rights of citizens by interrupting the speakers and instructing them to abide
by the Rules of Procedure and the limitations imposed by the United States and Arizona
Constitutions. Friedel made no effort to intervene to ensure that the meeting was limited to
the secular business of the Town and allowed the speakers, identified above to deviate from
the official agenda and violate the constitutional requirements that public bodies remain
neutral with respect to religion.

Skillicorn and Hannah Larrabee violated the Rules of Procedure, the Town’s Code of Ethics
and the Federal and State Constitutions by using a public forum and public resources to
engage in coercive speech designed and intended to promote their Christian faith and
deride, demean and intimidate “non-believers”.

Following is the complete text of the statements made during the September 16 meeting
that are the subject of this Notice:

Pastor Pavia

PASTOR PAVIA: Thank you, Mayor. And I don't see the vice mayor here, but counsel,
and also staff, thank you for having me to share the invocation once again. On behalf
of Christ Church of Fountain Hills, | am honored.

And if it's okay, | just wanted to share real briefly prior to the invocation I just

wanted to take a brief moment, if we could, to share from both Christ Church and those
who were inspired by the late Charlie Kirk our deepest condolences to his family and
followers. My husband, Pastor Keith, and I were honored to have met Charlie, and
along with other pastors here in the Valley, met with him on a monthly basis. And he
was every bit as courageous, and kind, and generous, and brilliant, and he was a man
that was wise beyond his years. He loved God. He loved family, and he absolutely loved
this country. And we will truly miss him. So I just wanted to take a minute to share
that.

While most may try and relate Charlie to a political movement, his influence
reached far beyond politics, and his voice encouraged people to stand strong in their

faith, to defend traditional values, and never shy away from truth. Charlie was a man of
truth, absolutely he was. And while he may no longer be on this earth, his words remain a
powerful reminder of the principles he dedicated his life to sharing. And his legacy will
continue to live on through the countless lives he touched.

With that, I'll leave you with just a couple of quotes from Charlie. "When you

stop having a human connection with someone you disagree with, it becomes a lot
easier to want to commit violence against that group. What we as a culture have to get
back to is being able to have a reasonable disagreement where violence is not an
option."

And this one, I believe, might have been his favorite. "| want to be remembered for courage, for
my faith." And Charlie absolutely loved God. We saw that every time

we saw him. And he, by far, is one of the most courageous men I believe I will ever have

the opportunity to meet. And my -- and the last quote I'd like to share is my personal

favorite. "All death, all death can do to a believer is deliver him to Jesus. This place is
not our home, and heaven awaits those who are believers." So rest in peace, Charlie

Kirk. God be with your wife, children, family, and all who loved you.

Would you pray with me. Lord, in all things we glorify you and you alone. Let

your spirit work in us to build bridges where walls have been raised. Unite us in purpose
and vision, for we can accomplish so much more together than apart. While many of us
may come before you with heavy hearts for the divisions that exist within our nation,
we know that you are a God of peace and restoration, and nothing is impossible for you.
Lord, we pray for healing across our land. Replace hatred with love, anger with
understanding, and division with unity. Let us focus on common values and goals that
reflect your truth and righteousness. For your Word tells us, be completely humble and
gentle, be patient, bearing with one another in love. Lord, guide our council members
with wisdom, humility, and discernment today.

Inspire us as citizens of this beautiful town of Fountain Hills, Arizona, to act with

kindness, respect, responsibility, and dignity, working together for the greater good.

Unite us as one nation under God, striving for justice, peace, harmony, and in all things
love. In Jesus' name we pray. Amen. (emphasis added)

Allen Skillicorn

VICE MAYOR SKILLICORN: Thank you, Mr. Mayor. Well, it's a solemn evening, and there is
darkness in this world. And that darkness took a bit of the lightness from us. And we all should
pray for justice. Justice for the shooter, justice for the Kirk family, justice for the -- the people

that celebrate darkness. But there's something to be reassured about, is that it's pretty
clear that Charlie Kirk was not murdered for politics. He was murdered for his faith in
Jesus Christ. The last few years, that has been a prominent part of his words, and his message
to the next generation, but also the world.

So I met Charlie Kirk in 2011 and he was, you know, young man, activist. But he

became a true leader, a leader not just to his generation or the country or a movement,
but a leader in proclaiming the good news of Jesus Christ. And | just want to let people
know that even though that lightness -- that lightness has been taken from us, we will be
reunited with him. And you know, I want to share that Romans 10:13 says, for whoever
calls on the name of the Lord will be saved. Those words are true. And that --and that
means that we will be reunited with our brother, so. Councilwoman Larrabee? (emphasis
added)

Hannah Larrabee

COUNCILMEMBER LARRABEE: Over the last six days, I grieved. Our country lost aman

who dedicated himself wholly to free speech and public discourse. My work family lost

a mentor and leader that we loved. My husband lost a friend he worked for eight years. And
most importantly, two young children, ages 1 and 3, lost their father.

On Wednesday Charlie Kirk was horrifically publicly murdered. Charlie loved

Fountain Hills. Every single time I saw him, he asked about our town, best town in

Arizona. And beyond politics, what Charlie wanted most to be remembered for was his
faith in Christ Jesus. He desired a happier, healthier nation, and constantly reached

across the aisle to help people see truth. He believed in sharpening ideas through

debate. He was an incredible man, and he was killed for it.

This assassination did not happen in some vacuum. It was not some random

fluke act. The hatred that birthed it has been stirring since Charlie first started Turning
Point. And each of us at the company have looked that hatred in the eye. We are no
strangers to it, and neither is American history. Charlie joins a very long line of patriotic
Christian men to have a leftist make an attempt on his life: Abe Lincoln, JFK, MLK, Jr.,
Gerald Ford, Ronald Reagan, President Trump. This hatred is not new. It's just more
noticeable, and contagious in the day of social media. And Fountain Hills, unfortunately,

is not immune from it. These things affect us too.

I wanted to take time today to speak some words of encouragement to the
people here in town in the wake of all this hatred. And when | think you need to hear it
most. We saw nationwide as well-known leftist activists offered empty words, and

crocodile tears at the same time as joking about Charlie's death in their private -- private
discord channels, and much more that didn't bother to hide their joy, some even while

in attendance at the very event. Others while on the congressional floor or in their
newsrooms. And it's important to remember when you face such blatant hatred like

this, that those words are not really coming from that individual, not really. Those --
those are people that are hurting and need help.

And you know what else? In the words of Allie Beth Stuckey, who | feel said it

best. "What an incredible honor. May we all, when we die, make the demons rejoice.
May we all be so courageous, so bold, so effective, so faithful, so obedient to the Lord,
so relentless in the pursuit of his glory, that when we die, all of God's enemies’ cheer.
May they lament every breath we take. May they be enraged by every morning that our
feet hit the floor. May they wince at every word we say."

Charlie, Charlie was the best of us. He was well-spoken and level-headed. He

handled the hatred he faced daily with a grace that | could only aspire to achieve. I'll

never be Charlie. None of us will. But what we can do to honor him is to never, ever
cower at the opportunity to speak truth to those who need to hear it. And that's what I
intend to do. Do not be afraid to live your life in such a way that hell rejoices at your
death. In fact, that should be your life goal for Charlie. (emphasis added)

Ben Larrabee, Hannah Larrabee’s Husband, during the Call to the Public

MR. LARRABEE: Hello, everyone. Mayor, Councilmembers. I rise today to honor the life
of Charlie Kirk, to honor the sacrifice of a great man who served as an inspiration to the
nation, and to the world, and whom I've had the pleasure of working for the past

eight years. He was the greatest boss | have ever had and ever will have. And I know as
a follower in Christ, I will see him again someday. Charlie was a man of faith, a
statesman, a husband, and most importantly, a father who was slain this past week by
the radical left.

Now, as the nation has mourned Charlie's passing this week, what struck me the

most are the stories about how he's touched the lives of millions and tens of millions of

people around the world. People have traveled from around the country and from

multiple nations to our headquarters this week to share that because of Charlie, they're

now running for office, because of Charlie, they're now engaged in their communities,

because of Charlie, they're now a father, because of Charlie, they're now reading the

Bible for the first time, going to church or even founding their own church. His legacy
will be that of a force multiplier for the people who wanted to step up and reclaim this
great nation. But if you were to ask Charlie what he would be most proud of in his life is

his work to bring people to Christ and restoring and upholding the American family.

But what's also struck me are the calls for unity after his assassination, because

for many, these words ring hollow. I want to be clear now. Without truth, there is no
unity. Without justice, there is no unity. There is no unity with those who have mocked

his death and spit on his grave. There is no unity until we can stand up to the ideologies
and the lifestyles that have poisoned the minds of his killers. There is no unity unless we
are able to stare back into the rage-filled eyes of the radical left, smile and say, you do
not scare me, and you will not win. For God, for country and for Charlie. (emphasis
added)

Legal Basis for the Clai

Violation of the Establishment Clause in the First Amendment of the United States
Constitution

The Supreme Court has repeatedly recognized that government is obligated to maintain
strict neutrality among religions and between religion and non-religion. See, Everson v.
Board of Education, 330 U.S. 1 (1947); Engel v. Vitale, 370 U.S. 421 (1962).

Public officials who speak from the dais during an official meeting, are presumed to be
speaking in their official capacity, not as private citizens. As the Supreme Court observed, in
Pleasant Grove City v. Summum, 555 U.S. 460 (2009), when the government speaks, it is
bound by the Establishment Clause. When the Presiding Officer of a public meeting, here,
Friedel, allows public officials and private citizens, to use time specifically reserved in the
Rules of Procedure for other purposes, to proselytize and promote their religious beliefs
and coerce members of the public to adopt those beliefs, he violates the Establishment
Clause.

During the September 16‘ meeting the speakers were allowed to proselytize, read from
scripture, praise Kirk for his zealous promotion of his Christian faith, and without any
factual support claim that he was murdered for his Christian faith.

During a period, spanning approximately ten minutes, the speakers, invoked the essential
words of Christian theology'dozens of times. Statements by or allowed by public officials in
a public meeting that promote one faith over another are inherently coercive. See, Lee v.
Weisman, 505 U.S. 577 (1992), (Even indirect pressure to conform to a religious observance
violates the Constitution because it effectively coerces participation in religion.)

! These words included: “God”; “Lord”; “Christ”; “Jesus”; “Faith”; “saved”; “salvation”; “believer”;
“follower”; “Hell” and “demons”.

Pavia, Skillicorn and Ben Larrabee, were allowed to invoke the doctrine of ‘extra ecclesiam
nulla salus' (‘outside the church there is no salvation’), Statements made in public meetings
that support the proposition that only “believers” in Christ will be “saved” are particularly
coercive and offensive to the Establishment Clause. In Lund v. Rowan County, 863 F.3d 268
(4th Cir. 2017) (en banc), county commissioners personally delivered prayers invoking
Jesus Christ as the only path to salvation. The court held this unconstitutional, reasoning
that the practice aligned the county with one faith to the exclusion of all others. See also,
Barker v. Conroy, 921 F.3d 1118 (D.C. Cir. 2019); see also, Pelphrey v. Cobb County, 547
F.3d 1263 (11th Cir. 2008).

Prior to delivering the Invocation, Pavia stated:

"All death, all death can do to a believer is deliver him to Jesus. This place is
not our home, and heaven awaits those who are believers."

During his Council Report Skillicorn stated:

“And you know, | want to share that Romans 10:13 says, for whoever calls on the name of the
Lord will be saved. Those words are true.”

During, the Call to the Public Ben Larrabee said:
“And I know as a follower in Christ, I will see him again someday.”

In Town of Greece v. Galloway, 572 U.S. 565 (2014) the Supreme Court, drew a clear
distinction between ceremonial or legislative prayer which is permissible if non-coercive
and non-discriminatory and proselytizing or religious advocacy during public meetings. The
In Town of Greece the Court expressly warned that the Establishment Clause would be
violated if government officials 'denigrate nonbelievers or religious minorities, threaten
damnation, or preach conversion.’

Once councilmembers invoke religious doctrine or scripture from the dais, the audience—
citizens attending to observe or petition their government—is a captive audience. In Lee v.
Weisman, 505 U.S. 577 (1992), the Court held that even indirect coercion to participate in
religious exercises violates the Establishment Clause. '

There can be no question that during the September 16 meeting Friedel, Skillicorn and
Larrabee repeatedly violated the Establishment Clause of the First Amendment.

VIOLATION OF THE ARIZONA CONSTITUTION

Article II, Section 12 of the Arizona Constitution provides: “No public money or property
shall be appropriated for or applied to any religious worship, exercise, or instruction, or to
the support of any religious establishment.”

Article XX, J1 further guarantees that “Perfect toleration of religious sentiment shall be
secured to every inhabitant of this State, and no inhabitant shall ever be molested in person
or property on account of his or her mode of religious worship, or lack of the same.”

These provisions have been interpreted by the Arizona courts to prohibit official acts or
expressions that endorse, promote, or coerce participation in religion. See, e.g., State v.

Board of Regents of Univ. of Arizona, 120 Ariz. 224 (1978); Friedrich v. City of Flagstaff, 201
Ariz. 392 (Ct. App. 2001).

During the September 16‘ meeting Skillicorn and Hannah Larrabee acting pursuant to their
municipal authority, used public time, public property, and public recording systems to
proselytize and promote their Christian faith to a captive audience of residents who viewed
the proceedings with the justifiable expectation that their elected officials would, during the
meeting, follow the published Agenda and attend to the business of the Town, not use the
time and public resources to eulogize a polarizing political figure, assert that he had been
murdered for his Christian faith, and invoke Hell and demons to frighten and intimidate
those in attendance, including children. Friedel made no attempt to interrupt or redirect
any of the speakers identified in this Notice who also used public resources to promote their
Christian Faith.

Through his failure to intervene Friedel provided an official endorsement of these violations
of Article II, Section 12 and Article XX, ¥ 1.

CONCLUSION

Members of the Town Council, including Mayor Friedel, are not immunized from liability
for the Constitutional violations described in this Notice of Claim based on the Free Speech
Clause in the First Amendment. Public officials have a right to free speech but an overriding
obligation to abide by the State and Federal Constitutions.

Skillicorn and Larrabee unquestionably have the right, outside of the context of a public
meeting, to quote scripture, proselytize and promote their beliefs. However, they
opportunistically determined that they would proselytize and promote their Christian
beliefs during a public meeting where they were guaranteed a captive audience, a free, high
quality video recording and media attention.

The Town’s elected representatives are obligated, while acting in their official capacity to
uphold and obey the Constitution and Laws of the United States and the State of Arizona.
This obligation is codified in Rule 8.1 of the Rules of Procedure. Friedel, in his capacity as
the Town’s Presiding Officer, was empowered by the Rules of Procedure and obligated by
the Arizona and United States’ Constitution to interrupt a wholly sectarian exercise that had
nothing to do with the official business of the Town.

The Town of Fountain Hills and its elected officials, Friedel, Skillicorn and Larrabee are
liable for the impermissible government endorsement of religion and coercive
proselytization in violation of the Arizona Constitution and the Establishment Clause.

Damages and Relief Sought

The claimant suffered outrage and emotional distress attributable to the unconstitutional
acts of elected officials during the September 16 meeting. Claimant like other residents has
been harmed by the use of public facilities, funds and equipment to support religious

advocacy and has lost confidence the town governance based on the failure of elected
officials to abide by the provisions of the United States and Arizona Constitutions.

As a result of the actions of certain members of the Town Council of Fountain Hills during
official Town Council meetings — specifically, using time reserved for Town business to
engage in sectarian and partisan religious advocacy — Claimant suffered humiliation,
distress, and deprivation of the constitutional right to attend government proceedings free
from religious coercion. These acts constitute violations of Article Il, § 12 of the Arizona
Constitution and the Establishment Clause of the First Amendment to the United States
Constitution.

Claimant hereby demands the sum of $1,000.00 representing compensation for emotional
distress violation of her Constitutional rights, together with the following non-monetary
relief:

1. A written public acknowledgment of and apology for the constitutional violations
described in this Notice;

2. Formal training for all councilmembers on the limitations on their speech and conduct
imposed by the Establishment Clause, Article II, Section 12 of the Arizona Constitution and
Article XX, 1 of the Arizona Constitution; and

3. Adoption of procedural safeguards ensuring future compliance with the Establishment
Clause, Article II, Section 12 of the Arizona Constitution and Article XX, 1 of the Arizona
Constitution.

DEMAND FOR SETTLEMENT

In accordance with A.R.S. §12-821.01(A), the claimant hereby offers to settle all claims
described herein under the following conditions:

Payment of the total sum of $1,000 payable within 60 days of receipt of this Notice; the
written undertaking by the Town of Fountain Hills to issue a written acknowledgment of
and apology for the constitutional violations described in this Notice; the written
undertaking by the Town to provide formal training for all councilmembers on the
limitations on their speech and conduct imposed by Establishment Clause, Article II, Section

12 of the Arizona Constitution and Article XX, 11 of the Arizona Constitution; the written
undertaking by the Town to adopt procedural safeguards ensuring future compliance by
elected officials with the Establishment Clause, Article II, Section 12 of the Arizona
Constitution and Article XX, 1 of the Arizona Constitution.

Acceptance of this offer within 60 days shall constitute a full and final settlement of all
claims arising from the conduct described above. If this offer is not accepted within 60 days
claimant will proceed with further litigation.

VERIFICATION

I declare under penalty of perjury that the foregoing statements are true and accurate to the
best of my knowledge and belief.

s/ Bethany Culp
Bethany Culp

UMM Bast Richwood Avenue

Fountain Hills, AZ 85268

Date: November 4, 2025

I hereby certify that on this 4t» day of November, 2025, a true and correct copy of the
foregoing Notice of Claim was personally delivered to the Town Clerk of the Town of
Fountain Hills and subsequently served upon the identified individuals by certified mail at
the following addresses:

Town of Fountain Hills

Attn: Town Clerk

16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268

Mayor Gerry Friedel, individually and in his official capacity
c/o Town of Fountain Hills

16705 E. Avenue of the Fountains

Fountain Hills, AZ 85268

Councilmember Hannah Larrabee, individually and in her official capacity
c/o Town of Fountain Hills

16705 E. Avenue of the Fountains

Fountain Hills, AZ 85268

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Vice-Mayor Allen Skillicorn, individually and in his official capacity
c/o Town of Fountain Hills

16705 E. Avenue of the Fountains

Fountain Hills, AZ 85268

s/ Bethany Culp

Bethany Culp

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