Mayor Muriel Bowser is doing a lot of things differently than her predecessor, Vince Gray. She put the brakes on setting a run date for the streetcar, put a bunch of big development projects Gray awarded under review, and even scrapped plans for a favored project to turn downtown’s historic Franklin School into a new museum. But yesterday, pulled a big move, withdrawing opposition over the D.C. Council’s lawsuit over budget autonomy, filing a short legal brief asking the court to dismiss the matter as her position has changed.
To recap: the Council sued Gray last year over the budget autonomy referendum. In 2013, 83 percent of District voters voted in favor Budget Autonomy Act, which would give D.C. the right to spend locally raised funds on local services without Congressional approval. However, ahead of budget season last year, Gray and the District’s Chief Financial Officer Jeffrey DeWitt said that they’ll refuse to implement any budget adopted pursuant to the Budget Autonomy Act because the federal government said the Act has no legal effect.
The Council’s lawsuit has been on appeal ever since a federal judge ruled he’s “powerless” to grant D.C. budget autonomy. Last month, Bowser’s lawyers asked for more time in the lawsuit for her to consider whether she’s of the same opinion as Gray. Turns out, she’s not.
“She believes the Budget Autonomy Act is valid and, absent a judgment restraining her actions, intends to comply with its requirements,” legal brief reads. “Mayor Bowser submits that, accordingly, there is no longer a live controversy between the Council and the Mayor.”
Unlike Gray, who followed the advice of then Attorney General Irv Nathan, Bowser is at odds with Attorney General Karl Racine, who said in a statement that he “regretfully conclude[s] that the Budget Autonomy Act is unlawful and cannot be enforced by the District.”
Still, Bowser’s position is, as Karen Dunn—one of the Council’s lawyers in this case—puts it, a “big deal. The court will need to decide if the case is ripe,” she says.