Photo by Matt Cohen.

Standing in front of the D.C. Superior Court before members of the media this morning, Council Chairman Phil Mendelson, along with Councilmember Kenyan McDuffie (D-Ward 5) and attorneys Karen L. Dunn and Brian D. Netter, announced that the D.C. Council has filed a lawsuit against Mayor Vince Gray and the city’s Chief Financial Officer over the budget autonomy referendum.

Last year, the Budget Autonomy Act, which gives D.C. the right to spend locally raised funds on local services without Congressional approval, was unanimously approved by the Council, ratified by 83 percent of District voters, signed by Mayor Vince Gray, and passed Congressional review. No longer does D.C. need to submit its budget to Congress and the president for approval, the referendum declared.

But last week after Gray presented the Council with the budget for fiscal year 2015, he, along with CFO Jeffrey DeWitt, announced that they will refuse to implement any budget adopted pursuant to the Budget Autonomy Act, which the Government Accountability Office declared has no legal effect. This announcement, which was based on a recommendation from D.C. Attorney General Irv Nathan — who assessed that the statute is invalid — was met with disappointment from the Council and led to the suit.

“The effects of their actions would be to leave us stuck in the status quo waiting for a Congress that has been unable to act on this issue despite a decade of support from leaders of both parties in both houses. The quickest way to resolution is through the courts,” Mendelson said this morning. Prior to speaking with media, Mendelson and the Council’s pro bono legal team filed a Complaint for Declaratory and Injunctive Relief and a Motion for Preliminary Injunction against Gray and DeWitt.

“I believe our arguments are right,” Mendelson said, “but our other option is to do nothing, so we have no choice but to be proceeding as we are.” Mendelson said that their case argues not only that the Budget Autonomy Referendum was ratified by 83 percent of voters and has the support of all city officials, but that it also “makes economic sense for [the] city.” Dunn, one of the Council’s attorneys, said that the Council “does have a very strong legal position,” and found that there’s nothing in the Home Rule Act that supports Nathan’s assertions.

This isn’t the first time the D.C. Council has sued the mayor. As The Post reports, Council Chairman John A. Wilson filed a lawsuit against Mayor Sharon Pratt in 1992 after “she defied a Council law on the review of contracts, arguing that it exceeded the Council’s authority under the charter.” And again in 2003, the Council sued Mayor Tony Williams “over another separations-of-powers dispute.”

This time the Council has support: Advocacy group DC Vote announced their backing of the Council’s lawsuit. “Our budget law is valid. It is time for the leadership of the District to come together and find a way to make the law work for the good of D.C. residents,” DC Vote Executive Director Kimberly Perry said in a statement.

Now that the suit has been filed, the court needs to act fast to resolve this matter, as the first reading of the budget is on May 28. “We anticipate that the court will understand the need to act swiftly,” Mendelson said. Although the lawsuit had unanimous approval from the Council, some questioned if all Councilmembers supported it. “I’m comfortable in saying a majority, if not all Councilmembers support this decision,” Mendelson said.

“We welcome this opportunity to definitively settle this matter, and will work with the Council and its lawyers to ensure that the decision comes as quickly as possible so we can move forward on the FY 2015 budget,” Gray’s spokesperson Pedro Ribeiro said.