Lawsuit says Arlington term limits petition was deceptive, seeks to toss out election
A lawsuit filed in Tarrant County over the Arlington City Council term limits proposition that easily passed in November seeks to invalidate the election.
The lawsuit, filed by Arlington resident Robert Johnson, seeks to toss out the term election results, arguing that those who signed were misled into believing that the incumbents would be exempt and allowed to serve their terms.
It names the city of Arlington and Mayor Jeff Williams as defendants. Williams was an outspoken opponent of term limits. The city did not immediately respond to a request for comment.
In the Nov. 6 election, the proposition passed with 63 percent approval.
Zack Maxwell, the publisher of the Arlington Voice who served as the spokesman for pro-term limits supporters, said they would intervene in the lawsuit and predicted it would be thrown out quickly. The lawsuit shows the incestuous nature of Arlington city politics, he said.
“This is a perfect example of why term limits are needed,” Maxwell said.
The lawsuit contends the petition was “deceptive, misleading and fraudulent” and that the city of Arlington shouldn’t have called the election.
Proposition E limits council members and the mayor to three two-year terms retroactively.
With the proposition passing, three incumbents — Kathryn Wilemon, Lana Wolff and Michael Glaspie — won’t be able to seek re-election in May.
But the lawsuit argues that two other incumbents — Sheri Capehart and Robert Shepard — would also be forced out of their seats in May 2019 before their two-years expired. Both were re-elected to two-year terms last May.
“Under the plain meaning of the amendment, Arlington voters passed a new law which would kick these incumbents out of office a year earlier than expected,” the lawsuit states.
Johnson, an Arlington resident and downtown Arlington property owner, said in the lawsuit he was deceived into signing the petition.
“By inserting gratuitous language that current incumbents would not have to vacate their office early, citizens were induced to sign — and did sign — the Citizen Petition,” the lawsuit said. “Had Plaintiff/Contestant known the truth — that the actual legal effect the of the Proposed Charter Amendment would be to oust all incumbents who were supposed to remain in office until May 2020 — he would not have signed the Citizen Petition.”
With filing for the May elections beginning on Jan. 16, the lawsuit said “it is imperative — indeed, an emergency — that incumbents Shepard and Capehart, as well as many potential challengers, be informed as to whether District 2 and District 6 will be on the May 2019 ballot or not. Accordingly, in the interest of fairness and equity, this Court should immediately suspend the application of Proposition E.”
This story was originally published December 14, 2018 at 12:19 PM with the headline "Lawsuit says Arlington term limits petition was deceptive, seeks to toss out election."
