Embattled Fall River Mayor Jasiel Correia has beat back an attempt by the city council to temporarily remove him from office.
On Thursday, Justice Raffi N. Yessayan of Bristol County Superior Court ruled against the motionthe city council filed last month for a preliminary injunction against Correia. The injunction would have had the court enforce an emergency order to temporarily oust him, and cited a city charter provision that allows for a mayor to be replaced when they are unable to perform their duties because of "sickness or other cause."
The council maintained that Correia could not perform his duties while he faces two sets of federal indictments. The second set accuses him of a scheme to extort money from businesses hoping to open marijuana shops in Fall River. Correia has denied all charges.
In his ruling, the judge said the council's argument is too broad. Removing Correia based on the council's reading of the city charter provision, he wrote, "would give the Council the authority to remove a mayor whenever he or she is unable to perform his or her mayoral duties to their liking. This ... power is reserved for the citizens of Fall River, not the Council, in the form of a recall election."
Correia survived a recall election in March. He's now seeking a third mayoral term in a city election next month.
Correia said in a statement that Thursday's ruling “represents an important victory for the voters of Fall River.” He called upon the city council to “withdraw this case immediately.”
Read more: Embattled Fall River Mayor Will Move Forward To General Election
Fall River City Council President Cliff Ponte did not immediately respond to a request for comment.
WGBH legal analyst and Northeastern law professor Daniel Medwed said he wasn't surprised by the judge's ruling.
"After all, the pertinent case law, as well as the language from the charter itself, seemed to favor Correia's position," Medwed said. “And there is a presumption of innocence that still attaches before a conviction.”
