Federal appeals court rejects Fouts bid for new election

A federal appeals court on Tuesday rejected an attempt by former Warren Mayor Jim Fouts to hold a new mayoral election with his name on the ballot.

The U.S. Circuit Court of Appeals for the 6th Circuit upheld a lower court’s decision that dismissed a lawsuit by the former mayor.

In September, U.S. District Judge George Steeh rejected a bid by Fouts to decertify the results of an August primary that didn’t include him. He was prevented from running because of voter-approved term limits in Warren.

Steeh said Fouts failed to make any claim upon which relief could be granted, wrote 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."

In the ruling, the 6th Circuit Court said Fouts had failed to prove that the district court had erred in dismissing his claims under the First and 14th Amendments. The former mayor argued that his civil rights were violated when he was barred from pursuing another term.

The Nov. 7 mayoral election was won by former State Rep. Lori Stone.

Fouts filed the lawsuit just six days before the Aug. 8 primary.

In April, the Michigan Court of Appeals ruled in a term limits case that Fouts was disqualified from seeking a fifth term. A month later, the Michigan Supreme Court decline to take up an appeal.

In 2016, Warren residents approved a proposal to amend the city charter by extending the number of terms that could be served from three to five.

Four years later, Warren voters approved a city charter amendment that said a mayor should have the same number of term limits as other elected city officials, which is three terms or 12 years, whichever is greater.

Fouts was elected to a fourth term in 2019 but would have been prevented from seeking a fifth term because of the new law. He tried to run in the 2023 election but was barred from doing so.

fdonnelly@detroitnews.com