City considers ordinance to ban street racing, allow vehicle impoundment; ACLU and others raise constitutionality and enforcement concerns

The Omaha City Council held a public hearing on a proposed ordinance that would add a new municipal offense prohibiting street racing, stunt driving, burnouts and related activity, and would permit law enforcement to tow and impound vehicles involved in such events.

City Prosecutor Kevin Slimp described the ordinance as a targeted response to organized street racing, sideshows and gatherings that block the safe flow of traffic and produce significant public-safety risks. He said the proposal would also allow sanctions for those who promote or aid such events, including people who advertise or help block streets.

Supporters at the hearing told council members the problem has increased in recent years. Douglas County Sheriff Aaron Hansen said constituents treat reckless driving as a top public-safety concern and described recent deadly crashes tied to negligent driving. Pat Vendetti, a driving-instruction stakeholder and longtime volunteer, urged stronger immediate penalties and asked whether vehicle confiscation could apply on a first offense to send a clear deterrent message.

Captain Mark Dessler of the Omaha Police Department's traffic unit said the towing and impoundment authority would be an important enforcement tool. "If it gives us the ability to tow that car right here and right now, it stops that activity immediately," Dessler told the council, adding that immediate removal reduces the chance the event simply moves to another location.

Opponents raised legal and practical objections. Crystal Rhodes, a local resident, said existing state law already allows willful reckless-driving charges that carry higher penalties and jail time; she questioned why the city would create a separate ordinance that appears to carry lower penalties in some instances. Joy Kathurima, policy counsel for the ACLU of Nebraska, testified by Zoom that impoundment provisions raising the risk of vehicle seizure prior to conviction are punitive and could be constitutionally problematic, particularly when owners — not the driver — may lose use of a car.

Council members and city attorneys discussed several technical changes to the draft, including clearer definitions for drag racing and a proposed amendment to add specific noise-based behaviors (unnecessary engine noise) to the ordinance's definition of prohibited activity. The city law office and city prosecutor said they had reviewed comparable ordinances in other jurisdictions (including Kansas City) and designed the language to target the most dangerous conduct while preserving officers’ discretion.

No vote was taken on the ordinance at the hearing. Council members asked the city attorney and prosecutor to refine the draft language to address concerns raised in testimony, particularly the scope of spectator liability and safeguards around impoundment procedures. Several council members said they supported stronger enforcement tools but wanted to ensure the ordinance would withstand legal challenge and would not inadvertently penalize bystanders.