Omaha council rejects encampment ordinance after months of debate; mayor, providers push pilot plan

The Omaha City Council voted 5'to'2 on Tuesday to deny an ordinance (Item 62) that would have added sections to Chapter 20 of the Omaha Municipal Code governing unauthorized encampments on public property.

Council Member Pete Harding introduced the proposal, saying it would give city authorities the ability to clear encampments and offer people outreach and services. "The first thing they would do is offer them the ability to get to a place of shelter or get some help that they would need," Harding said during debate. He described the measure as a public health and safety response for neighbors and people living in encampments.

Opponents and some council members said the ordinance risked criminalizing homelessness. Thomas Warren of the mayor's office, speaking on behalf of Mayor John Ewing, said the mayor "fundamentally disagrees" that the ordinance is the right approach. Warren said enforcement could lead to arrests because Omaha Police Department policy requires a permanent address to issue a criminal citation. He urged a coordinated plan with service providers: a 30'day planning period followed by a six'month pilot in which outreach groups would expand hours and attempt to move unsheltered people into housing or services before any ordinance changes took effect.

Service providers and the mayor's office said the pilot would rely on Threshold and the continuum-of-care to coordinate placements and outreach. Jane Gordon, director of system strategy at Threshold CoC, told the council the coalition is assembling nonprofits, shelter operators and recovery partners to "work together as one unit to try to provide services and to resolve the homeless issue in Omaha." She said roughly 100 permanent supportive units and about 50 rapid-rehousing units would help but that planning was at an early stage.

Several council members stressed different concerns. Council Member Jason Festersen read the public defender's letter pointing to practical problems with citations for people without addresses, and warned failed appearances could generate warrants and jail time. "If an individual receives a citation, the citation will include a court date...a significant number were failed to appear," he said, reading the defender's analysis.

Council Member Melton and others supported an amended approach that would pair limited enforcement with an explicit diversion program. Melton said the ordinance "does not criminalize homelessness" as amended and emphasized diversion as a route to housing and services. Harding and Festersen disputed some legal characterizations but acknowledged amendments to add a diversion court and related safeguards.

After hours of testimony and council debate, an amendment of the whole (C) failed on a 2'to'5 roll call. A subsequent motion to deny the ordinance passed 5'to'2. Roll call on the final motion to deny: Harding: No; Hugg: Yes; Melton: No; Roe: No; Festersen: Yes; Goodwin: Yes; President Begley: Aye.

Public comment included calls both for immediate action and for a provider-led pilot. Council members who opposed the ordinance urged time for the mayor's pilot and for frequent reporting back to the council on interim progress. Warren said the mayor's office would provide data updates during the pilot, and Threshold agreed to periodic check-ins.

The vote preserves the status quo on the municipal code. Council members asked the mayor's office and the continuum-of-care to report back as the pilot develops and to include interim metrics during implementation.