Bruce sues city over disallowed ballot measure

Douglas Bruce is back in court, and his opponent is once again the city of Colorado Springs.

Bruce filed suit Monday against the city and several officials in El Paso County District Court for not allowing his measure onto the November ballot.

Bruce wants to overturn the city’s new stormwater fee, require voter approval to create future enterprise funds and lower the city’s property tax.

City Attorney Patricia Kelly, City Clerk Kathryn Young and Municipal Judge Robert Briggle, sitting as the Title Board, ruled Friday the measure has multiple subjects. State law restricts ballot questions to single topics.

In his lawsuit, the anti-tax activist and El Paso County commissioner accused the city of “trashing” his constitutional right to petition government.

He also called Friday’s hearing at which the Title Board ruled “a pre-arranged sham,” because the panel’s decision was announced prior to Bruce making his argument.

Bruce has sued the city several times over taxes and fees after his Taxpayer Bill of Rights was adopted by voters of the city and state in 1991 and 1992, respectively.

TABOR, as it’s commonly called, requires voter approval of tax hikes and public debt.

When the City Council established the Stormwater Enterprise in 2005 and imposed fees without voter approval in November, the stage was set for another clash.

In the latest case, Bruce argues voters should be able to overturn an enterprise. The city has argued creating an enterprise is an administrative act, which isn’t subject to voter review. Bruce argues it was a legislative act within the reach of voters.

Bruce asks the court to order the ballot title as he’s written it because “there is simply no time to return the petition to the city for more misconduct. Justice delayed is justice denied.”

He also asks the court to rule city enterprises must comply with the legal definition of a business, meaning government powers can’t be used to collect fees, such as adding unpaid bills to property tax bills.

The City Attorney’s Office could not be reached for comment.

CONTACT THE WRITER: 636-0238 or zubeck@gazette.com