PORTSMOUTH — Just as Portsmouth is gaining financial support from other communities for its lawsuit challenging Rhode Island’s housing laws, the legal battle could be facing a new obstacle: the incoming town council.

Democrats, who opposed the lawsuit, captured at least six of the seven council seats in the Nov. 3 election. Once the new council is seated, likely in early December, it could vote to withdraw the town’s legal challenge.

Reached Tuesday, Juan Carlos Payero, a Democrat who won reelection to the council, said he had no comment on the lawsuit at this time.

The possibility the suit could be rescinded, however, hung over an update delivered Monday night, Nov. 9, by Co-Town Solicitor Joseph Larisa Jr. He told the current council that financial commitments from other municipalities and private contributors now exceed the $20,000 Portsmouth authorized for the lawsuit.

Larisa acknowledged concerns that Portsmouth, which took the lead in filing the case, would be left footing the bill.

Hopkinton has committed a little more than $4,000, with Glocester pledging roughly the same amount, he said. Bristol has pledged $10,875, while a private citizen and Warren Concerned Citizens for Appropriate Development have each committed $1,000.

“Those pledges alone put us over the $20,000 that the council has put in,” Larisa said.

Tiverton is considering a contribution, while Charlestown is expected to vote on the matter at its next meeting. Larisa remains hopeful that other municipalities will join.

“The ball is rolling,” he said.

Political landscape shifts

Portsmouth filed its lawsuit in Rhode Island Superior Court on Sept. 25, arguing that housing laws enacted from 2024 through 2026 violate constitutional protections for municipal home rule.

The complaint challenges 13 legislative acts or packages that the town contends have stripped municipalities of authority over zoning, planning, environmental protections and development decisions.

The laws are part of the state’s effort to address Rhode Island’s housing shortage by making residential construction easier.

The council voted 5-2 in September to proceed with the lawsuit, authorizing up to $20,000. Democrats Juan Carlos Payero and Sandra Blank opposed the move, arguing that the town should seek a legislative solution rather than embark on costly litigation.

The Nov. 3 election dramatically changed the political landscape. Democrats secured at least six council seats, defeating several incumbents who had supported the lawsuit.

Whether the incoming council will continue the litigation remains to be seen. With a new Democratic majority, however, withdrawing the lawsuit could become an option.

‘We tried’

Larisa also addressed criticism that Portsmouth should work with the General Assembly rather than pursue a potentially lengthy and expensive court battle.

“We tried,” he said.

Larisa argued that municipalities had raised objections to housing legislation beginning in 2024, but subsequent laws in 2025 and 2026 only compounded their concerns.

He characterized the General Assembly’s approach as essentially saying that “home rule doesn’t exist.”

Supporters of the lawsuit maintain that court intervention is necessary to establish the limits of state authority over local land-use decisions. Critics argue that working with lawmakers could produce results more quickly and at less expense.

Future meetings

The council is scheduled to meet on the following Mondays at 7 p.m. at Portsmouth Town Hall: Nov. 23, Dec. 14, Dec. 28, and Jan. 11, 2027.