Tuesday, February 16, 2016

FIRST ROUND: David Levy 1, Palm Beach Gardens voters 0

Palm Beach Gardens Vice Mayor David Levy remains on the ballot for the March 15 municipal election per a Jan. 27 ruling by Palm Beach County Circuit Judge Meenu Sasser.

Levy is a 4-term incumbent who is running for reelection in defiance of a voter-approved term limits initiative limiting city council members to two terms in office and a separate voter-approved measure making the new law retroactive. The two measures passed in 2014 by 79% and 69% of the vote, respectively.

In running, Levy is making the novel case that since he resigned three months before the end of his term that he is no longer an incumbent. To my knowledge, no court anywhere has permitted a politician to quit early and then immediately run for re-election to avoid a term limits law.

Importantly, Judge Sasser was not the first to do so either. In fact, she did not rule that Levy is eligible for the office. Instead, she dismissed the case against Levy because the person who challenged his eligibility to run apparently didn’t have the standing to do so.

Sid Dinerstein, the Palm Beach Gardens resident and voter who sued to prevent Levy from defying the new law, apparently does not have standing as he was not directly injured by Levy's action. Dinerstein's attorney argued that Dinerstein was a voter and since this was a voter initiative that was being defied, that Dinerstein should have standing.

The case is not over. If Levy wins the election, the suit will be re-launched and justice will surely be served. That's the good news.

The bad news is that due to Levy's arrogance an election may be botched, voters disenfranchised and significant taxpayers' monies wasted -- all in a vain attempt to retain a meager title and stipend.

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