Federal lawsuit moves forward to get Warren Mayor Jim Fouts back on ballot
WARREN, Mich. (CBS DETROIT) - Warren Mayor Jim Fouts' effort to get back on the mayoral ballot was defeated when the Michigan Supreme Court decided not to hear the case. However, a new federal lawsuit may put him back on the ballot this November.
"We don't care who you vote for or how you vote. Our interest is constitutional. We're constitutional attorneys, and we look at it from a constitutional perspective," said Nabih Ayad, attorney for Fouts.
Fouts, who was first elected in 2007, filed for a fifth term in January, despite a 2020 amendment to Warren's charter that limits all city-elected officials to have three terms or 12 years in office.
The proposal passed during Fouts' fourth term.
"That's why we're asking a federal judge to look at this and look at this closely and rule that Mr. Fouts does have a right to be on that ballot," Ayad said. "It's not very crystal clear on that, and it's not very clear how it's been written on prior two occasions, where it was very clear as to the retroactivity of it."
While he struck out with the Michigan Supreme Court, Fouts could be headed to federal court.
George Dimas and State Rep. Lori Stone advanced from Tuesday's primary and will face off in November's general election.
Ayad says it is possible the federal courts could make a legal ruling which could force a special election.
"It may be a little inconvenience for the voters in the city of Warren, but again that inconvenience is not as important as someone's constitutional rights being trumped on," Ayad said.
