Warren Mayor Jim Fouts appeals dismissal of federal lawsuit
Warren ― Warren Mayor Jim Fouts filed an appeal Friday of a federal judge’s dismissal of his lawsuit to decertify the mayoral primary.
Fouts filed the appeal with the U.S. Circuit Court of Appeals for the 6th Circuit, which is based in Cincinnati, just days after U.S. District Judge George Steeh dismissed his lawsuit, which was filed in early August. In it, he alleged his civil rights were violated when he was barred from pursuing another term and requested that a special election be held with his name on the ballot before the November general election.
"Mayor Fouts and his counsel respectfully disagree with the District Court’s opinion that Mayor Fouts’ constitutional rights were not violated by the Warren City Council’s actions to exclude Mayor Fouts from running for mayor of the City of Warren in the upcoming election," read a statement from Fouts through his law firm.
In his ruling, Steeh said Fouts failed to state any claim upon which relief could be granted. He also ruled that there is no fundamental right to run for office and the city of "Warren has a rational basis for imposing term limits for the office of mayor."
Fouts' appeal marks the latest twist in his ongoing quest to pursue a fifth term after Warren voters in 2020 approved a city charter amendment that changed the mayor’s term limits to the same number as other elected officials, which is the greater of three complete terms, or 12 years.
Fouts, who has served as Warren's mayor for 16 years and was previously on the City Council for 26 years, filed his federal lawsuit after the Michigan Court of Appeals ruled in a term-limits case in April. The appellate court ruled that Fouts was disqualified from seeking a fifth four-year term as mayor.
In May, the Michigan Supreme Court declined to consider an appeal, which Fouts said "basically solidified the manipulation process of the election."
"The point that we wanted the Supreme Court and the Court of Appeals to hear, rather than manipulate the election process: Let the people decide," he said at a press conference in May. "If the people don't like Jim Fouts, out he goes. That is what democracy is all about."
After exhausting the state courts, Fouts filed suit Aug. 2 in federal court, naming the Warren City Council, the city Election Commission, the city clerk and the Macomb County clerk as defendants. He alleged his civil rights were violated under the First, Fifth and 14th Amendments; he also sought monetary damages and decertify the primary results.
George Dimas, Warren's director of human resources, whom Fouts endorsed in the primary, and State Rep. Lori Stone are set to face off in the November general election to determine who succeeds Fouts.