Colorado Springs – A district judge Thursday rejected a plea by anti-tax crusader Douglas Bruce to order the city of Colorado Springs to put two questions before city voters Nov. 1.
Bruce, author of the Taxpayer’s Bill of Rights and an El Paso County commissioner, gathered more than the required number of valid signatures to put questions on the ballot that would allow voters to decide whether to phase out the city property tax, reduce the sales tax and eliminate a streetlight fee.
The City Council refused to certify two petitions, saying they are unconstitutional and parts of the initiatives would violate the city’s charter.
Bruce appealed last week to the federal court, which said the issues should be decided in state court.
During a two-hour hearing Thursday, El Paso County Clerk and Recorder Robert Balink testified that the certification and printing process was too far along and it would be impossible to put the questions on the ballot.
“I find this to be an unfortunate decision and one that I can not be happy with because I am a firm believer in the citizens’ right to petition,” District Judge David Parrish said in denying Bruce’s request.
Parrish said he was concerned that ordering Balink to put the questions on the ballot could “potentially compromise the entire ballot.”
Bruce disagreed, saying that the 50 days until election day allow plenty of time to put the issues on the ballot. Bruce and the city will go back to court Dec. 2 to deliberate whether the questions on the petition are appropriately framed.
“I am going to vindicate the people’s right to vote for as long as it takes,” Bruce said.
“And once the people realize that this sham lawsuit that this city has prepared is a sham and it is exposed and its arguments are shown to be utterly frivolous to the point that we have a special election, I hope the people remember which side it was that tried to steal their right to vote.”
David Lane, a Denver lawyer representing Bruce, had harsh words for city leaders.
“That’s scandalous in and of itself, that the city council of Colorado Springs can ignore their own charter, the black and white words of their own charter, because they don’t like what it contains.”
Shane White, an attorney for the city, declined comment.
Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.
