COLORADO SPRINGS, Colo. -- Anti-tax activist Douglas Bruce suffered a setback in his battle to get a trespassing charge dropped in Colorado Springs.

Bruce and Douglas Stinehagen were cited for trespass in August while they attempted to collect signatures on private property, in the parking lot of a Costco store at 5885 Barnes Road.

The two were collecting signatures for a proposed city ballot measure. Bruce is the author of the Taxpayer Bills of Rights, known as TABOR, an amendment that restricts state spending.

City Magistrate Spencer Gresham ruled late Tuesday that the city did not target Bruce. The ruling came after a 6-hour hearing in which the entire City County, mayor, city attorney and police chief were subpoenaed to testify.

Bruce sought to prove he was unfairly targeted by members of the city government when he was ticketed.

The police officer who issued the ticket testified that she had never heard of Bruce before her encounter with him in the Costco parking lot.

He was clearly unhappy with the ruling against him.

"If this is not selective prosecution, then we may as well erase the concept from the books," he told Gresham.

"We were arrested because the city doesn't want our petition to get on the ballot because it would impact city revenue and they have apparently created a new rule where the First Amendment doesn't apply if you are petitioning to do something the government doesn't want," Bruce said a few days after his arrest.

The case goes to trial before a six-member jury on Friday.