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Lawsuit Filed Challenging the Term Limits Extension without a Public Referendum

Well, having just highlighted the anger people feel about the Bloomberg Putsch in my "Tsar Bloomberg and his Trained Surrender Monkeys" piece, I think it might be good to discuss the heroes of this fight and their actions to stop Bloomberg and the City Council from screwing the voters. A lawsuit has been filed.

From the Norm Siegel for Public Advocate website:

On Monday, November 10th, Norman, along with Randy Mastro and other attorneys of The law firm Gibson, Dunn & Crutcher LLP, filed a federal lawsuit challenging the extension of term limits from 2 to 3 terms without a public referendum. Below is Norman’s statement regarding that lawsuit:

Today, we filed an important civil rights lawsuit regarding the extension of term limits from 2 to 3 terms.

The lawsuit is filed on behalf of 26 Plaintiffs, including voters, elected officials, citizens who aspire to be elected officials and good government groups.

The lawsuit seeks declaratory and injunctive relief for violations of the first and fourteenth amendments to the Constitution of the United States arising out of the October 23, 2008 legislative enactment of the New York City Council and the November 3, 2008 signing of the law by the Mayor of the City of New York.

The lawsuit goes to the heart and soul of New York City's local democracy and to the bedrock principles of voters sacred constitutional freedoms.

The lawsuit alleges four causes of action: that the 10/23 City Council and 11/3 Mayor actions:

1. violated the 1st and 14th amendment right to vote by nullifying the People's Will as expressed by the 1993 & 1996 public referenda.

2, created significant disincentives for engaging in political expression and has thereby unconstitutionally chilled future political speech in violation of the 1st & 14th amendments.

3. created significant disincentives to participate in the referenda process in violation of the 1st & 14th amendments.

4. is patently and fundamentally unfair by allowing political incumbents to entrench themselves in office in violation of the due process clause of the 14th amendment.

Many New Yorkers are upset by the Mayor's actions and the 29 City Council people who voted for the extension of term limits. Whether they are for term limits or not they strongly believe that the process was wrong. If there was to be a change, it had to be via a public referendum not by legislative fiat. The Mayor and the City Council 29 exhibited a disrespect for the will of the People of this great City.

The right to vote is a fundamental right and it is supposed to have consequences. No group of elected officials should nullify the People's Will regarding their votes on term limits.

The actions by the Mayor and the City Council 29 had to be legally challenged and that is exactly what we did today.

The message to our fellow New Yorkers is that you can and at times you must challenge City Hall and sometimes you can prevail. Hoppefully, the federal court will uphold the fundamental right to vote and the People's Will.

The irony of all this is that had David Yassky stuck to his guns on this and NOT voted for the Bloomberg Putsch after his amendment was voted down, he too could have been a hero. Instead he is left looking like an insincere weenie. Maybe he will learn his lesson and actually take a true stand next time.

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