Indian Wells term limit measure challenged in court

Indian Wells officials are sticking with their interpretation of the city's term-limits law in the face of a joint lawsuit by one current and one former city councilmen.

Voters in Indian Wells approved Measure J in March 2020, which limited City Council members to two four-year terms. Over 61% of the ballots cast were in favor of the initiative.

Current Councilman Ty Peabody and former Councilman Doug Hanson have filed a joint lawsuit. Both Peabody and Hanson have served two four-year terms, but argued that terms served before the measure's adoption should not apply toward the maximum allowed.

During the November 2020 election, the City Clerk refused to accept nomination papers from those who had served two full terms on the council. Hanson sued in response, leading the Riverside Superior Court to rule under state law that Measure J did not apply to terms served before its passage.

Hanson's name was on the ballot in 2020, with the same interpretation being applied in 2022.

However, city officials now say that appellate cases decided in 2023 have changed the dynamic. They point to Cultiva La Salud v. State of California, which emphasized that charter cities such as Indian Wells are insulated from state regulation in municipal affairs like local term limits. A second case, Monell v. San Bernardino County Board of Supervisors, "supports the application of Measure J's term limit to all terms served during a person's lifetime, regardless of when Measure J was adopted,'' Indian Wells officials said.

That interpretation prompted City Clerk Angelica Avila to reject nomination bids for the November 2024 election for those with two four-year terms on their resume.

The City Council green-lighted the establishment of an Ad Hoc Council Committee in 2023 to review Measure J, which included former Mayor Pro Tem Greg Sanders and Councilman Bruce Whitman.

With added input coming from an independent law firm that specializes in election law, the City Clerk viewed the appellate decisions as a "significant change in circumstances,'' according to the city statement.

"I must now apply the lifetime two four-year term limit to all terms served during a candidate's lifetime,'' Avila said in a statement. "I will protect and enforce the laws established by the voters of Indian Wells."