Colorado Springs tax-fighter Douglas Bruce filed suit Friday morning against Gov. Bill Ritter and the state’s elected lawmakers, claiming they’ve stolen $200 million from the state’s treasury.

At issue is an emergency reserve fund that’s established by the Bruce-authored Taxpayer Bill of Rights, or TABOR, which voters added to Colorado’s constitution in 1992. Bruce said it’s supposed to be a cash reserve, but since 2003, the state has put state property and cash from other funds on the block to cover the balance.

“That is stealing,” Bruce said in a phone interview before he filed his suit in Denver District Court.

Bruce says the emergency fund, designed to help the state recover from disasters like tornadoes and wild fires, should be readily accessible. By using property and money that would have to be transferred by the General Assembly to cover the fund, rather than cash, the state leaves itself unready for emergencies, he said.

“It’s a fraud,” Bruce said.

Bruce, who plans to represent himself against the state, has been a regular litigant in Colorado Springs courtrooms in battles with city hall.

Colorado Springs Democratic Sen. John Morse dismissed Bruce’s claims.

“His purpose with TABOR was to destroy the government’s ability to function,” said Morse, the Senate’s majority leader. “We’re working the very best we can to  make government work in spite of TABOR.”

With the General Assembly dealing with an estimated $1 billion shortfall for the fiscal year that begins in July, Morse said plowing cash into the emergency fund would lead to more cuts.

“We need to educate our children, we need to house prisoners and we need to build and maintain roads despite TABOR,” Morse said.

Bruce’s suit, though, has Republican fans including Colorado Springs Rep. Kent Lambert, who sits on the legislature’s Joint Budget Committee.

“It is obviously a gross violation of TABOR and I’m glad somebody brought suit about this,” Lambert said.

Lambert offered a bill earlier this year that would have required the state to purchase gold bars to eventually fill up the emergency reserve fund. That measure failed in committee.

In his suit, Bruce seeks a court order to put cash in the emergency fund and impose civil penalties against Ritter and General Assembly members.

Bruce, who served a tumultuous year in the state House in 2008, wants General Assembly members to cough up 25 percent of their pay as a penalty if they voted for budgets that didn’t put cash in the emergency reserve.

“Even the proposed penalty lets them off too easily,” he said in his suit.

The state has 20 days to file a reply to his lawsuit, Bruce said.

Air Force’s Garrett Custons is tagged in the head by Matt Curry of Texas Christian after nearly getting caught off bag in the fourth inning. Air Force defeated Texas Christian 14-11 at the Air Force Academy on Friday. Photo by BRYAN OLLER, THE GAZETTE

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