
Judge blocks New Orleans City Council’s travel ban on Mayor Cantrell, calls it unconstitutional
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Judge tosses City Council’s travel ban on Mayor Cantrell, calls it ‘unconstitutional and void’
A judge struck down the New Orleans City Council’s travel ban on Mayor LaToya Cantrell, ruling it unconstitutional and blocking further restrictions. A modified version of the travel approved by the council also was rejected when Medley, ruling from the bench, issued a preliminary injunction. An attorney for the Council said the matter will be discussed in executive session Thursday, but the Council is likely to appeal. The council, siding with the School Board, voted unanimously in February to suspend all non-essential travel by employees and officials.
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NEW ORLEANS — Efforts by the New Orleans City Council to restrict out-of-town travel by Mayor LaToya Cantrell and her administration were dealt a near-fatal blow in court Wednesday.
The Council’s original ordinance to ban travel due to the city’s uncertain finances was thrown out by Civil Court Judge Jennifer Medley, according to Charles Rice, attorney for the Cantrell administration.
A modified version of the travel approved by the council also was rejected when Medley, ruling from the bench, issued a preliminary injunction, Rice said.
Rice said the original ordinance, despite lapsing at the end of April, was ruled “unconstitutional, invalid, illegal and void,” as Medley granted the city’s request for a summary judgment.
The more recent modified ordinance, which was already stayed by a temporary restraining order, is now halted by the injunction.
Rice said his legal team is following up with a request to make the injunction permanent by asking for another summary judgment.
“This is the fourth time a court has determined that this City Council in its quest to usurp executive power has overreached and violated the Home Rule Charter,” Rice said. “This ruling upholds the integrity of the City’s governing structure and confirms that the Council cannot simply rewrite the rules to expand its power as it see fit. The Home Rule Charter is clear, and any attempt to change the balance of power in City government must be decided by the people—not through unilateral Council action. As the former City Attorney and CAO, I am greatly concerned that this Council continues its attempts to weaken the office of the Mayor.”
The ban was adopted after the city, citing a budget crisis, rejected a previous plan to pay the Orleans Parish School Board $20 million dollars to fill a budget gap.
The council, siding with the School Board, jumped into the legal fray by voting unanimously in February to suspend all non-essential travel by employees and officials. The administration responded by taking the council to court.
An attorney for the Council said the matter will be discussed in executive session Thursday, but the Council is likely to appeal.