Plaintiff seeks enforcement of the Taxpayer’s Bill of Rights of the Colorado Constitution (“TABOR”). Colo. Const. art. X, § 20. TABOR requires a vote of the people before the State or any local government may: create new debt, levy new taxes, increase tax rates, or institute tax policy changes directly causing a net tax revenue gain. Id. Without a vote of the people, Defendants have levied a tax on disposable grocery bags. By levying a tax without a vote of the people, Defendants have violated the rights of Plaintiff’s members to vote on the imposition of new taxes, as guaranteed by TABOR. Plaintiff therefore seeks declaratory and injunctive relief to abate and correct Defendants’ unconstitutional actions.
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