Colorado Supreme Court: Some Small Tax Changes Are OK Without Voter Approval
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An RTD bus sits idle at Alameda Station, just off the Denver neighborhoods of Baker and West Washington Park.
Jim Hill/CPR News
The Colorado Supreme Court on Monday upheld the constitutionality of a state law that added sales taxes to some items to benefit public transportation and cultural groups in metropolitan Denver without voter approval.
The ruling by the state’s highest court rejected a lawsuit from the TABOR Foundation, a taxpayer advocacy group that alleged the Regional Transportation District and a cultural district were violating Colorado’s Taxpayer’s Bill of Rights, or TABOR, which requires voter approval for any tax hike.
The lawsuit stemmed from a 2013 measure passed by lawmakers allowing the districts to collect taxes on items previously exempt from local sales taxes, such as candy, soft drinks, cigarettes and food containers.
The court ruled that the new taxes represented such a minor change to tax policy that they did not require voter approval.