On January 13, U.S. District Court Judge Charles Sifton, a Carter appointee, ruled that neither the U.S. Constitution, nor any New York laws, prohibit the New York City Council from abolishing term limits for itself and for the city’s executive positions such as Mayor. The decision is 65 pages long.
The plaintiffs include the City Comptroller, the City Public Advocate, and a large variety of groups and individuals. Among the individual plaintiffs are Mike Long, chair of the state Conservative Party; and Sarah Lyons of the Committee for a Unified Independent Party. Organizations include the New York Public Interest Research Group (NYPIRG) and U.S. Term Limits.
The New York city voters had passed city term limits in 1993, and had reaffirmed them in 1996. But nothing in the City Charter says that the city council is prohibited from repealing a city law passed by initiative. The only exceptions are that the City Council cannot change the length of the terms of a member of the Council, cannot abolish itself, and cannot curtail the power of an elective officer. None of those exceptions relates to whether there should be term limits. The plaintiffs have not decided whether to appeal.