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Omaha council holds extended public hearing on proposed ban on unauthorized encampments
Summary
The Omaha City Council held a lengthy public hearing on a draft ordinance to ban unauthorized encampments on city property, hear testimony from law department staff, public-safety officials and dozens of residents and service providers, and debate whether enforcement or expanded housing and outreach will best protect public safety and the unhoused.
The Omaha City Council held a lengthy public hearing on an ordinance that would prohibit unauthorized encampments on city-owned public property and establish penalties and procedures for enforcement.
City Law Department attorneys framed the proposal as focused on conduct, not status, and said it is designed to give people in unsanctioned camps time to relocate or accept shelter before citations or removal. Max Kuzey of the City Law Department told the council the proposal follows a U.S. Supreme Court decision and is intended to be constitutionally neutral. "What the Supreme Court said was no, they do not," Kuzey said, describing the court's finding that laws aimed at conduct — not a person's status — can pass constitutional review.
The law department said the draft ordinance would require a notice period before removal, preserve seized property for up to 30 days, and offer people an opportunity to go to a shelter before citing them. The draft sets a maximum civil penalty of $300 or up to 30 days in jail for violations; the city attorney's office said those sanctions are included so a court may appoint a public defender…
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