Judge: Mayo can't run for West Palm Beach mayor because of residency requirement
A Palm Beach County Circuit Court judge has ruled that business owner Rodney Mayo can't run for mayor of West Palm Beach because he did not meet the six-month residency requirement.
The ruling, issued on Tuesday, clears the path to another four-year term for Mayor Keith James, as Mayo was the only candidate who filed to run against him.
"You can't run for mayor if you don't live here," James said in a statement released after the ruling.
In a statement posted to Facebook, Mayo acknowledged the judge's ruling and lamented the fact that James and two West Palm Beach commissioners, Shalonda Warren and Joseph Peduzzi, are now unopposed in their quest for reelection.
Tuesday's ruling effectively cancels the March 14 municipal election in West Palm Beach as no one up for reelection is opposed.
"There Should Be No Uncontested Elections in a Democracy!" Mayo wrote.
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He added: "Most of you know I was not excited about running for Mayor. However, I felt obligated to do so, witnessing the complete disregard for the citizens' voice by our current Mayor."
Mayo, whose "Mayo for Mayor" signs had already begun popping up in the city, can appeal Tuesday's ruling, but he said on Facebook that "I have been advised it would not be a wise decision" to appeal because of the potential costs, which would include putting up a bond to cover the cost of the election.
Instead, Mayo said he will mount an effort to recall James.
"We want to send a message that we want our city back!" Mayo wrote. "We deserve to have an election and have a choice in our future."
He did not give specifics on the recall effort, writing that "we will notify you shortly on how to sign the petition and share it with your neighbors."
Why Rodney Mayo has been so critical of West Palm Mayor Keith James
A Mayo-James campaign had all of the hallmarks of a battle royale.
Both candidates, who share a history of antipathy, were likely to be well-funded. Mayo could rely on his wealth, and James could tap into the benefits of incumbency, which typically include extensive contacts in and support from sections of the business community.
James was poised to point to explosive economic growth in the city since the coronavirus pandemic, his work to redevelop the largely Black Northwest community and his push for the construction of more affordable housing.
Mayo had served as a spokesman of sorts for downtown business owners who were unhappy with some of the changes initiated by the James administration, including higher downtown parking rates and the establishment of a "cafe fee" structure for businesses that use city-owned space near their property.
Mayo had also been sharply critical of the millions the city has spent redeveloping the Sunset Lounge, a 1920s era supper club that had served as the cultural heart of the Northwest until it fell on hard times and was closed.
Delays, cost overruns and a legal dispute over who should manage the lounge have marred the city's effort to get it rebuilt and re-opened, and Mayo has pointed to it as an example of the mayor's poor leadership.
In December, not long after Mayo filed paperwork to run for mayor, James filed suit, arguing that Mayo lived in the Lantana area and was not eligible to run for mayor.
A candidate must live in the city continuously for the six months preceding an election in order to be eligible to run for mayor.
Where does Rodney Mayo live?
The West Palm Beach municipal election was scheduled to take place on March 14. To meet the residency requirement, a candidate for mayor would have to have been a resident since Sept. 14.
Mayo said he lived in an apartment above one of his Clematis Street businesses, and, under penalty of perjury, signed a campaign filing document declaring that West Palm Beach address as his home address.
He scoffed at James' suit, mocking it as "ludicrous."
But Circuit Court Judge G. Joseph Curley Jr. did not share that assessment, ruling that "Mayo owns a substantial water-front house in the Town of Lantana, Florida which this court finds to have been his permanent legal residence for at least several years."
Curley's ruling notes that Mayo changed his driver's license to show a West Palm Beach home address on Nov. 10, and he changed his voter registration address on Dec. 29.
"Documentary evidence" presented by the Palm Beach County Supervisor of Election's Office "clearly established that Mayo did not in fact legally change his domicile or permanent legal residence address for voting purposes until December 29, 2022, less than two-weeks prior to the hearing," Curley's ruling states. "This date was well beyond the Sept. 14, 2022 minimum permanent residency qualifying date."
Curley's ruling also states that "despite Mayo's statement that numerous people knew about his use of the Clematis Street apartment as his residence, he did not call a single person to corroborate his testimony as to his use of the apartment as his permanent legal residence."
What does the judge's ruling mean for the city of West Palm Beach?
For the city, no municipal election means a savings of about $100,000, largely in printing costs.
For James, the ruling means another term as mayor.
"I am going to transition my re-election campaign to a listening tour and go out and talk to residents over the next few months," he said in a statement. "We will continue the work that we have done for the last four years to improve West Palm Beach for all residents and businesses. I am honored and humbled to continue my service as Mayor for the next four years.”
It is not clear what, if any, criminal exposure Mayo faces after having signed a campaign document claiming a West Palm Beach address as his home address.
In his Facebook post — Mayo did not respond to a text seeking comment Wednesday — the business owner argued that he was uniquely qualified to run for mayor.
"If a citizen like me who moved to Northwood in 1974, opened his first business in 1987 on Clematis street, has ten businesses operating in the city with an 11th on the way, owns several properties in the city, has started several local charities and helped assist folks who lost their income due to COVID when the city failed to do anything does not qualify to run for local office then what individual would?" he asked.
Despite Mayo's extensive connections to West Palm Beach, his run for mayor was short-circuited by the requirement that he live there.
Curley's ruling stated: "The Court does not find his testimony that the Clematis Street apartment was his permanent legal residence for the purpose of meeting the six-month residency requirement to be credible. Rather, the facts surrounding the Lantana house are consistent and supportive of the position of James that this Lantana home was Mayo's domicile and permanent legal residence at the time that the six-month residency requirement commenced and continued at least to the dates he changed the address listed on his driver’s license on November 10, 2022 or when he changed his voter registration address with (the election's office) on December 29, 2022."
James said he was ready to face Mayo "or any other opponent that wanted to run, so long as they were a legitimate candidate."
The mayor added: "I filed my challenge against Mr. Mayo because we had proof he only does business in the city but does not live here full-time. Mr. Mayo has lost a lot of credibility by attempting to qualify at the last minute as a candidate for mayor of West Palm Beach even though he does not reside in the city."
On the recall, the mayor said Mayo "tried to fool the voters and lost, and now he's threatening to run a recall election. Residents will see that this is not about what is best for our city but whatever feeds Mr. Mayo's interests or gets him attention and headlines. My focus is on building a brighter future, not dismantling things when things don't go my way."
Wayne Washington is a journalist covering West Palm Beach, Riviera Beach and race relations at The Palm Beach Post. You can reach him at wwashington@pbpost.com and follow him on Twitter @waynewashpbpost. Help support our work; subscribe today.
This article originally appeared on Palm Beach Post: Judge says Rodney Mayo cannot run for mayor against Keith James
