WARREN, Mich. (WXYZ) — Warren Mayor Jim Fouts is filing a federal lawsuit against the Warren City Council, claiming his civil rights were violated over his name not being on the ballot for the upcoming mayoral election.
Fouts has served four terms as the mayor of Warren and wants to seek reelection for a fifth term.
In 2020, Warren voters decided to impose term limits on all elected officials in Michigan’s third-largest city, including Fouts.
Nearly 68% of Warren voters passed a change to the city charter that only allows city leaders to serve 3 terms in office. At the time, Fouts was in the middle of his fourth term. He later tried to argue the Charter amendment did not apply to him.
Despite the term limits, Fouts decided to run again, so the Warren City Council took the issue to court.
Related: Fouts blasts Court of Appeals, MI Supreme Court over ruling keeping him off ballot
Macomb County Circuit Court Judge Joseph Toia said the ballot language that had been decided three years ago was unclear, and ruled Fouts could be on the ballot. The Court of Appeals overturned Judge Toia’s decision in a 3-0 published opinion. Judges Mark J. Cavanagh, Elizabeth L. Gleicher, and Colleen A. O’Brien wrote “…the charter language is unambiguous…” and said that Fouts “therefore is ineligible to be certified as a candidate for mayor in light of the clear charter language.”
The judges also wrote, “the circuit court, therefore, abused its discretion…” and ordered the city clerk to remove Fouts’ name from the ballot.
Following the ruling, lawyers on behalf of the city’s election commission and clerk attempted to appeal the decision with the Michigan Supreme Court, but the Court refused to hear the appeal — upholding the Court of Appeals ruling that Fouts cannot be on the ballot.
"Mayor Fouts now brings a lawsuit in the United States Court for the Eastern District of Michigan to vindicate his constitutional rights," his attorney said in a release.
View the full lawsuit below:
Fouts federal lawsuit by WXYZ-TV Detroit on Scribd
