By Marianne Goodland | Denver Gazette
In 2011, a coalition of 33 individuals and groups, including current and former lawmakers, county commission and other elected officials and school districts, sued the state of Colorado, challenging the constitutionality of the Taxpayer’s Bill of Rights.
A decade later, the lawsuit was dismissed on a technicality: the lawsuit, the federal courts indicated, had the wrong plaintiffs.
A state Democratic lawmaker who was part of the legal team in Kerr v. Hickenlooper (later Kerr v. Polis) is now sponsoring a resolution to try again, but with some important differences.
Rep. Sean Camacho, D-Denver, sponsored House Joint Resolution 1023, which would require the General Assembly to sue over TABOR’s constitutionality in state district court.
The two differences between Kerr and this lawsuit are the plaintiffs and where it will be filed.