|Photo Credit – CBS Local
Detroit Candidate for Mayor and City Resident Tom Barrow turning
in petition signatures for office in April 2013
Barrow Calls Duggan’s Appeal Based on Saving Face Both Divisive and Futile Detroit Mayoral candidate Tom Barrow this morning responded to Mike Duggan’s decision to appeal the court judgment against him removing his name from the August 6, 2013 Primary Election for Mayor as a face saving move for the benefit of his financial contributors.
“Duggan is free to appeal to the state courts, the US Supreme Court, the World Court at The Hague and even Capt. Kirk’s United Federation of Planets, the result will be the same because the decision is rooted in the case law and state statutes,” Mayoral Candidate Barrow said.
Barrow, 64, was successful in his lawsuit against Duggan on Tuesday when Wayne County Third Circuit Court Judge Pro-Tem Lita Masini Popke ruled that Duggan must be removed from the ballot due to his failure to fulfill the requirement to be a registered voter for a year at the time of filing his candidacy on April 2, 2013 two weeks before his one year anniversary.
|Photo Credit – Detroit Free Press
Former candidate, Mike Duggan, held
press conference on June 13, 2013, announcing appeal
Duggan, who held a quickly formed press conference with flag loosely hanging on a wall stating “What I Love About Detroit” with a small team of male supporters, stated his judicial appeal efforts is to fight what he perceives as “adversity“.
“We’re confident that we will get this reversed,” Duggan said. “This is the nature of the business. If you’re not willing to fight through adversity, you have no business running for mayor of Detroit.”
The extensive and detailed 22-page decision addressed the arguments presented by Barrow’s legal team and the unusual response from the Duggan campaign which did not cite or refute the case laws with which the judge agreed.
“So many in Detroit believe that the legal system is “flexible” and accommodates the wealthy and powerful, while working people must accept their fate at the mercy of the courts,” Barrow stated. Yesterday’s decision balanced the scales in many Detroiters minds, restoring a modicum of confidence necessary for governing”.
“For Duggan to continue this futile legal fight is a waste of resources, and is in fact divisive for the city, where the decision restored confidence in the judicial system, his attempt to appeal continues to create an atmosphere of privilege where money trumps the law,” he explained.
Barrow referenced former Detroit ballot candidate Mike Duggan time as Wayne County Prosecutor from 2001-2003, indicating Duggan should be inclined to respect the rule of law and provisions in Detroit’s City Charter on residency requirements.
“Duggan needs to heed the advice he has offered so many times as a Prosecutor and that is to accept the decision and move on with his life and allow Detroiters to seek out the leadership they deserve to move the city forward,” Barrow stated.
Duggan previously lived in Livonia, Michigan until moving to Detroit with the specific intent of running Mayor on April 16, 2012. As a former named ballot candidate in the City Mayoral race, Duggan filed his petitions for candidacy on April 2, 2013. Section 3-111 of the City Charter states the following:
“Sec. 3-111. Residency Requirement for Elective Officers.
1. Elected Officials Generally.
All candidates for elective office and elected officials shall be bona fide residents of the City of Detroit and must maintain their principal residence in the City of Detroit for one (1) year at the time of filing for office or appointment to office, and throughout their tenure in office.”
Wayne County Circuit Court Judge Lita Masini Popke decision ruled Duggan was 14 days shy of one year of residency, required by any candidate seeking an elected office position in the City of Detroit.
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