SPLIT APPEALS PANEL REJECTS NEBRASKA MARIJUANA INJUNCTION

OMAHA- On Wednesday, the 8th U.S. Circuit Court of Appeals rejected a request to block one of Nebraska's ballot initiative parameters proposed to the Court by Nebraskans for Medical Marijuana and the ACLU of Nebraska. 

Nebraska's ballot initiative law requires petitioners to collect signatures from at least 5% of voters in 38 of the state's 93 counties. When the Medical Cannabis initiative was shot down earlier last month, Nebraskans for Medical Marijuana and the ACLU sued, arguing that this specific parameter violates free speech and equal protection rights.

The groups stated that this parameter makes "one voter in Arthur County equal to that of 1.216 voters in Douglas County."

U.S. District Judge John Gerrard agreed with this sentiment, but stated that, while the state can legally require statewide voter support on an initiative, it "may not do so based on units of dramatically differing population, resulting in discrimination among voters." 

Gerrard issued an order temporarily blocking the '5%' parameter, but State Officials appealed and the 8th Circuit Court put a hold on it.

Neb. Secretary of State Bob Evnen stated that his office "will continue to enforce that Nebraska constitutional provision pending the final outcome of the case." 

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FRAKES, APPOINTED BY GOV. RICKETTS TO TURN AROUND TROUBLED NEBRASKA PRISON SYSTEM, IS LEAVING

LINCOLN- Nebraska Director of Corrections Scott Frakes announced Thursday that he will be leaving his $255,00-a-year post in October. Frakes was hired by Gov. Ricketts in 2015. At the time of his hiring, the Nebraska Department of Corrections was facing several large problems, including prison overcrowding, high turnover of staff, and the mistaken, early release of several inmates.

Before working in Nebraska, Frakes was employed at the Washington state prison system, where he worked to correct sentencing miscalculations and reform the state's solitary confinement policies. 

Frakes has been a key voice, alongside Gov. Ricketts, in the push to open a new $270 million, 1,500-bed prison. To solve the issue of rampant turnover, Frakes has increased staff salaries at prisons in Lincoln and Tecumseh. Despite his push to keep workers, however, staffing emergencies still occur at two Nebraska prisons. 

In a press release, Frakes stated that he was "proud of the many accomplishments the agency has achieved during my tenure. Seeing those things come to fruition, to the benefit of staff members and our inmate population, has been enormously satisfying."

Gov. Ricketts lauded Frakes, saying he was a "highly effective leader," and that he "guided the agency through the challenges of the coronavirus pandemic."

Since being hired in Nebraska, Frakes has automated the sentencing calculation function, raised salaries and improved working conditions for corrections staff, and merged two facilities into the Reception Treatment Center. 

In the past three years, the state's recidivism rate has fallen to 29.8%, and staff turnover is projected to drop to 16% this year from 30% in 2021. 

Alongside Frakes, State Fire Marshal Chris Cantrell will also be leaving his position in October. Cantrell has been influential in forming the state's first All-Hazards Incident Management Team, launched a mobile inspection process for pipeline inspections, and reintegrated Nebraska Forest Service Firefighters into the Wildland Incident Response Assistance Team. 

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BACON SLAMS STIMULUS PAYMENTS TO PRISONERS, CITING NUMBERS FROM IRS

OMAHA- Around $1.3 billion worth of stimulus payments for the Covid-19 pandemic were awarded to people in prison. Responding to a letter sent by Rep. Don Bacon, the IRS confirmed that over 1.1 million stimulus payments have been made to prisoners all over the county since October 2020. A judge ruled that these payments were allowed to be sent to prisoners after Congress failed to restrict them from receiving stimulus. 

Rep. Bacon, who voted against President Biden's attempts to send out stimulus, stated that prisoners receiving stimulus funds was "an example of the fiscal recklessness of Democrats."

Bacon previously voted in favor of Former President Trump's stimulus payments in late 2020, and when asked about them, Bacon said, "We didn't realize the first stimulus went to prisoners. When we did, we tried to do something about it."

State Sen. Terrell McKinney, an advocate for the incarcerated in Nebraska, stated that he believed those stimulus payments to prisoners were worth it. "A majority of them are not economically well-off. That helps them be able to talk with family, to be able to buy food and life essentials, to not burden their families," said McKinney. 

Bacon rebuked Sen. McKinney's words, stating that "people on death row shouldn't be getting a stimulus check. If you're going to do anything with that, give it to their victims...They are living off the taxpayer."

Sen. Tony Vargas, who is running against Bacon in the 2nd Congressional District race, declined to comment on both Bacon's words, and the inmate stimulus payments themselves. 

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KANSAS FOSTER CARE PROVIDER CRITICIZES COVERAGE WHILE NEBRASKA LAWMAKER ASKS FOR FRAUD INQUIRY

LINCOLN- Saint Francis Ministries provided an alternate description of its departure from Nebraska, where multiple investigations sounded alarms about the organization’s ability to comply with state law while providing foster care services for the Omaha area.

This week, State Senator Machaela Cavanaugh sent a letter to Nebraska Attorney General Doug Peterson in response to an Aug. 11 story about federal authorities moving to seize $10 million from the former Saint Francis IT director.

Alison Kossover, chief administration officer for Saint Francis, said in a 300-word response that the story leads readers to “an inaccurate understanding of the situation.”

The letter asks the attorney general to launch an investigation into Nebraska’s dealings with Saint Francis and its former leaders and to compel the parties to preserve any evidence relating to the contract with Nebraska.

In December, the organization announced it would leave Nebraska after investigations by the state’s inspector general and an oversight committee both concluded the state should end its relationship with Saint Francis.

“There was this picture of systematic failure on the part of Saint Francis Ministries to do what was statutorily required in child welfare in Nebraska,” Cavanaugh said.

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NEBRASKA FREEDOM FESTIVAL LOSES KEY SPEAKER AFTER CHARLES HERBSTER PULLS OUT

OMAHA- The Nebraska Freedom Coalition held Nebraska's second annual Freedom Festival, a populist-led event that sought to bring unity to the republican party in the state. The Coalition invited four, top GOP gubernatorial candidates to speak at the event, not including Jim Pillen, who won the Republican primary.

Former gubernatorial candidate Charles Herbster was invited to the event alongside the other three republican speakers, but pulled out rather abruptly just days before the event. Herbster had previously been a large supporter of the Coalition, which is made up mostly of libertarian and pro-Trump republicans, and was even endorsed by the group before the Republican primaries.

Herbster's team reached out and stated that "miscommunication in the planning process" is what made the former candidate have to pull out. Herbster had been promoting the event on his Facebook, but pulled all posts related to it.

One staffer on Herbster's team declined to comment on what exactly these "miscommunications" were, stating he would not "discuss private conversations about the event planning and Charles' participation."

Rod Edwards, who is now overseeing the new Herbster-backed 'Nebraska First' PAC, stated that his team "wish [The Coalition] a safe event and great success."

Patrick Peterson, executive director of the Freedom Coalition, stated that he was "disappointed that Charles [couldn't] attend." He also went on to say that Herbster "couldn't seem to give up the limelight for himself to help other candidates, especially those running down ballot." Peterson declined to comment further.

The event was held to help Republican candidates in 'lower-profile' races.

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NEW NEBRASKA REPUBLICAN LEADER AIMS FOR FILIBUSTER-PROOF LEGISLATIVE MAJORITY

LINCOLN- Republican State Chairman Eric Underwood stated that, following the potential victory of gubernatorial candidate Jim Pillen and the reelection of the state's three Republican Congressmen, the Republican Party in Nebraska will turn its attention to filling legislative seats, with the intention of creating a filibuster-proof Republican majority of 36 Senators.

Underwood believes that this is "a realistic number" to set as a goal, and that the party will be organizing a "36-strong" campaign effort. Republicans currently hold 32 seats out of 49, but often do not vote in unison on certain key issues. Five of the more centrist-leaning republicans will be leaving the legislature this year.

Needing 33 votes to end the filibuster, Underwood's goal of 36 republican senators would give the party an insurmountable amount of power in the Unicameral, if only they can find unity.

Underwood stated that unity is the biggest goal, especially if the party intends to reach its goal of 36 senators. If the party becomes too focused on "vengeance and retaliation, we can never reach that goal," Underwood stated. Under Underwood, the Republican Party of Nebraska has shifted its focus to fiscal responsibility, less government intrusion, tax reform, agriculture, and education.

Despite the fact that some believe a rift has appeared in the Nebraska Republican party, Underwood emphasized that the party is still "100% in support of Gov. Rickett's policies."

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ABORTION ISSUE TO BE FRONT AND CENTER, IN 90-DAY SESSION

LINCOLN- Despite the fact that Gov. Ricketts was unable to convene a special session to discuss the issue, two Nebraska Senators believe abortion will be one of the most important issues discussed in next year's 90-day legislative session.

Sen. Tom Brandt, of Plymouth, believes that the issue should be cleared up quickly to save Nebraska a "hundred thousand dollars." He stated, "If we'd had a special session, it probably would have been in September. We're coming back in January, anyway...we're reasonably confident this will be at the forefront of the session...and you will have 16 to 18 new senators there, also. It would have been difficult, probably...to pass something with the existing body...let's learn from other states, Idaho, Texas, Tennessee."

The striking down of the abortion ban in Kansas was surprising to Sen. Myron Dorn, who also believes abortion will be one of, if not the most pressing issue the legislature will tackle come January. "I didn't expect it to turn out that way. I expected it to be close, but just because of what the makeup of...Kansas is...and to have that ballot issue turn out the way that it did...afterwards, I did understand it, but before I was just kind of expecting an outcome, and that didn't come about," stated Sen. Dorn.

Both Senators expect several approaches to be floated around by both sides of the legislature, with differing levels of restrictions, or lack thereof. Sen. Brandt who was in Wichita, Kansas just weeks before the anti-abortion initiative was shot down, saw different perspectives on the issue, and agreed with some voters there that there must be some level of "reasonableness" in regard to rape, incest, and the life of the mother.

One of the biggest factors that must be considered when discussing the fate of abortion in Nebraska is the upcoming elections, which may make or break certain Senator's attempts to ban it or not.

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NEW HERBSTER-BACKED 'NEBRASKA FIRST' PAC AIMS TO BOLSTER STATE, LOCAL CONSERVATIVES

OMAHA- After losing Nebraska's gubernatorial primary, Charles Herbster is shifting gear to focus on conservative mega-donations. Herbster announced that he would be creating a new conservative political action committee, titled 'Nebraska First', which will be used to steer conservatives candidates in Nebraska.

Herbster said, "While I came up short in my bid to be our next Governor, I fully intend to remain active in fighting for the traditional Christian Conservative values our state and country were founded on. During my campaign, I talked about a lot of issues and ideas that resonated with voters. With Nebraska First, we want to make sure those voters have a voice in their government.”

Rod Edwards, one of the key members in Herbster's former gubernatorial team, will lead the new PAC. Edwards stated that the PAC's main focus will be local and state politics.

The group also announced that one of the key issues they will attempt to tackle is the Nebraska legislature's method of electing committee chairs, which is done with a secret ballot. In the past, Herbster has argued that these votes should be public.

The second issue the PAC will focus on is the "constitutional carry" measure, which they believe should be law. This measure would allow citizens of Nebraska to carry a concealed handgun without a permit.

The PAC's website lists several other issues it will focus on, including Critical Race Theory.

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EARLY BALLOT APPLICATIONS SENT TO LANCASTER COUNTY VOTERS

LINCOLN — Early voting applications for Lancaster County voters have been mailed, County Election Commissioner David Shively announced.

The application notices were sent to 66,391 voters, Shively said. That’s an increase from the May 10 primary election, which had 65,635 voters on the early-voting list.

“The amount increases slightly each election, but it is usually close to the previous election,” Shively said.

The early ballot request form is a yellow, postcard-size piece of mail. If voters would like an early ballot, they must complete the form and return it in person to a dropbox at the Election Commission Office at 601 N. 46th St. in Lincoln. Other methods include mailing the application back or emailing a clear photo or scanned copy of the application to earlyvote@lancaster.ne.gov.

Voters can also find the application at www.lancaster.ne.gov/election, contact the Election Commissioner’s Office at (402) 441-7311 to request one, or submit a letter to the Election Commissioner with their name, address, and signature requesting one.

The office will mail out early ballots beginning Monday, Oct. 3. The deadline to request an early ballot is Friday, Oct. 28, at 6:00 p.m.

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GOV. RICKETTS APPOINTS NEW JUDGE TO COUNTY COURT FOR FIFTH JUDICIAL DISTRICT

LINCOLN- Gov. Ricketts announced that he would be appointing Denise Kracl to Fifth Judicial District of the County Court. Kracl jurisdiction will include Boone, Butler, Hamilton, Nance, Platte, Polk, Saunders, Seward, and York counties. 

Previously, Kracl served as the Colfax County Attorney and the Schuyler City Prosecutor. She has served in these roles since 2011. 

From 2007 to 2010, Kracl served as Deputy County Attorney for Colfax and Butler, and also held the position of Special Prosecutor for Dodge, Platte, Saunders, Seward, and York counties since 2011. 

In a press release, Kracl stated that she was very active in the communities she serves, and has help a leadership position at Colfax County Food and Toy Corporation, a group that seeks to provide food, toys, and clothing to families in the county during the month of December. 

Kracl has been given an Award of Appreciation by the Nebraska Bar Association, and has also received the Schuyler Sertoma Service to Mankind Award from he Schuyler Chamber of Commerce.

Kracl is filling the vacancy created by the retirement of Judge Frank J. Skorupa.

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NEB. STATE TREASURER MURANTE DEFENDS WORK WITH GOP-DOMINATED STATE TREASURER'S FOUNDATION

LINCOLN- State Treasurer John Murante currently acts as the national chairman of the State Financial Officers Foundation, a republican-dominated group which has spoken out against climate change action. 

Murante stated that his duties as chairman are to ensure that “our tax dollars are not used for a political agenda.” 

As a result of the Foundation’s attacks on companies seeking to take climate change action, millions of dollars in investments have been pulled from these corporations. These companies include BlackRock, Goldman Sachs, and JPMorgan; corporations that have reduced their investments in coal power and have begun financing more environmentally friendly energy options. 

The Foundation, which includes around 12 state treasurers from all over the country, has received a lot of flack in the past few years as a result of their actions. Many have accused the group of being a “tool for oil and gas companies.”

Dawn Rockey, a democrat and former Nebraska State Treasurer, questioned Murante’s actions in the group and wanted to know why the foundation was bringing politics into what should be “solely financial decisions.”

Murante defended his actions by claiming that these companies investing in cleaner energy, especially BlackRock, “are using their resources to advance a left-wing agenda.” He also doubled down on the outwardly non-partisan image of the Foundation, stating that, although the group is run entirely by republicans, any State Treasurer “who believes in limited government and free markets are welcome to join.”

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ACLU OF NEBRASKA JOINS FIGHT TO UPHOLD INDIAN CHILD WELFARE ACT

LINCOLN- The ACLU of Nebraska is joining its national office and 11 other ACLU state affiliates this week in supporting an amicus brief with U.S. Supreme Court to uphold the constitutionality of the Indian Child Welfare Act. 

The act was challenged in a case last November, titled Brackeen v. Haaland, and the Supreme Court has scheduled oral arguments to hear testimony for the case.

The Welfare Act was adopted in 1978 to reverse family separation policies, and it requires courts to make efforts to keep Native families together.

Misty Flowers, executive director of the Nebraska Indian Child Welfare Coalition and member of the Santee Sioux Nation, stated, “All Native children should know who they are and be connected to their families and tribal communities.”

The State of Texas is leading the arguments against the act, arguing that states should have more power over foster child placement. They claim the act is unconstitutional. 

The ACLU has fired back at these claims, urging the Supreme Court to uphold centuries of legal precedent regarding tribal sovereignty. They want to retain each Tribe’s right to “preserve their cultures, raise their own children, and govern themselves.”

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NEBRASKA SCHOOL OFFICIALS CLOSE NEWSPAPER AFTER EDITION INCLUDES ARTICLES, EDITORIALS ON LGBTQ ISSUES

GRAND ISLAND- School administrators at Grand Island's Northwest Public School closed a student-driven, award-winning newspaper after the group published articles discussing LGBTQ issues.

The group, which publishes stories in the student-driven 'Saga Newspaper', were notified of its cancellation on May 19th, mere days after the newspaper published its June edition celebrating Pride Month. The edition was released on May 16th. 

Grand Island Public School Officials did not say why the decision was made to shut down the newspaper, but a school employee's email stated that it was "because the school board and superintendent [were] unhappy with the last issue's editorial content."

Advocates arguing for freedom of the press stated that the decision to cancel 'Sage Newspaper' was an act of censorship.

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RICKETTS MEETS WITH BRITISH INSURERS DURING TRADE MISSION PRIOR TO NU FOOTBALL GAME IN DUBLIN

LINCOLN- Gov. Pete Ricketts and representatives of Nebraska’s insurance industry met with their insurance counterparts in the United Kingdom. 

The meeting with the Association of British Insurers in London is part of a trade mission led by the governor that will culminate with attending the Nebraska Cornhusker football game in Dublin.

The insurance meeting was designed to strengthen ties between Nebraska’s insurance industry and insurance companies in the United Kingdom, according to a press release from the governor’s office. The UK is rebuilding its trade relationships after exiting the European Union in 2020.

Ricketts has said that the trade mission will also focus on increasing opportunities for Nebraska agriculture, especially for beef, ethanol and distillers grains.

Nebraska has more than 120 domestic insurers and ranks first nationally in total capital, according to the governor’s office. Domestic insurers in the Cornhusker State employ 16,000 Nebraskans. 

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NEBRASKA GOP POSTED EXPLICIT IMAGES OF YOUTH SEX ACTS FROM GRAPHIC NOVEL

OMAHA- The newly reformed Nebraska Republican Party took 10 hours of online fire from Democrats and Republicans for sharing explicit, comic-book-style images from its official Twitter account that depicted young people performing oral sex and another sex act.

By the time the party deleted two explicit tweets, it was after 8 p.m., and the images had been captured and shared online repeatedly.

Nebraska law prohibits publishing, creating or providing images showing minors having sex, but that typically targets recordings or pictures, not drawings. Several Republicans said the shared images came from “Gender Queer,” a graphic novel that some Iowa and Texas parents have objected to after finding it in high school libraries. 

State GOP Chairman Eric Underwood, who helped lead an organized takeover of the party in July, said that neither he nor party leadership had authorized either post on the state party’s Twitter account. He said he learned of the tweet on that afternoon. 

He said, “The person responsible for the tweet, the outgoing communication director, has been removed from the account and is no longer responsible for any NEGOP communication.”

The chairman of the York County GOP, Stephen Postier, tweeted that the state party’s new leaders should “do the honorable thing and resign immediately” if any of them thought the tweets and images shared were appropriate. 

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METRO COMMUNITY COLLEGE OFFERING FREE COLLEGE CREDIT TO NEBRASKA HIGH SCHOOLERS

OMAHA- Metropolitan Community College will offer free college credit to Nebraska high school students for the next three school years.

Starting with the current school year and lasting through the 2024-2025 school year, tuition and facility fees for the college’s high school enrollment programs will be covered by federal funding, according to a press release from the college.

The federal funding for the programs comes from the 2021 American Rescue Plan Act and will be directed by the State of Nebraska and the Nebraska Coordinating Commission for Postsecondary Education, said Emma Stokely, media relations manager at the college.

High school students would normally have to pay $65, plus a $5 facility fee per credit hour, Stokely said.

Students will still be responsible for the cost of textbooks, equipment and other fees associated with the programs, according to the college’s website.

Metro has offered free classes to high school students for the last few summers, Stokely said, but those programs used different funding sources.

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NEW HERBSTER-BACKED 'NEBRASKA FIRST' PAC AIMS TO BOLSTER STATE, LOCAL CONSERVATIVES

OMAHA- After losing Nebraska's gubernatorial primary, Charles Herbster is shifting gear to focus on conservative mega-donations. On Thursday, Herbster announced that he would be creating a new conservative political action committee, titled 'Nebraska First', which will be used to steer conservatives candidates in Nebraska. 

Herbster said, "While I came up short in my bid to be our next Governor, I fully intend to remain active in fighting for the traditional Christian Conservative values our state and country were founded on. During my campaign, I talked about a lot of issues and ideas that resonated with voters. With Nebraska First, we want to make sure those voters have a voice in their government.” 

Rod Edwards, one of the key members in Herbster's former gubernatorial team, will lead the new PAC. Edwards stated that the PAC's main focus will be local and state politics.

The group also announced that one of the key issues they will attempt to tackle is the Nebraska's legislatures method of electing committee chairs, which is done with a secret ballot. In the past, Herbster has argued that these votes should be public.

The second issue the PAC will focus on is the "constitutional carry" measure, which they believe should be law. This measure would allow citizens of Nebraska to carry a concealed handgun without a permit.

The PAC's website lists several other issues it will focus on, including Critical Race Theory.

For the full article click HERE

NONPROFIT LAUNCHES PROCESS TO AWARD MILLIONS OF DOLLARS TO EXPAND AFFORDABLE HOUSING

OMAHA- Front Porch Investments, a nonprofit housing development company, has partnered with the City of Omaha to find real estate developers that will accept $40 million specifically set aside for affordable housing to build just that. Companies are allowed to turn in proposals for the money until Sept. 13th, and will be "vetted through a strategic priorities lens" to make sure they will appropriately spend the funds. The recipient will be announced in November. 

The $40 million in funds came to Front Porch Investments through the federal American Rescue Plan Act, and was awarded to the nonprofit by the City of Omaha. 

The first round of proposals are focusing on grants, short-term loans, and property development that will increase affordable housing in the city. The projects that win the money, whether they are for-profit or nonprofit, will be required to target areas of the city that earn "less than 120% of area median income."

As per the rules set up by the Federal government, the ARPA funds must be spent by December 2026, but the city and Front Porch Investments plan to use most of the funds in the next two years, with an initial round focused on short-term loans, and then a second round which will grant money to specifically housing-focused nonprofits. 

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MAJOR NEBRASKA DEMOCRATIC PARTY FUNDRAISER RENAMED IN HONOR OF KERREY, NELSON

LINCOLN- The Nebraska Democratic Party is renaming one of its biggest fundraisers after Bob Kerrey and Ben Nelson. Both men served in the Senate and held positions as Governor of Nebraska. 

Previously, the event was known as the Morrison-Exon Dinner, after Govs. Frank Morrison and Jim Exon. The newly-named fundraiser will be held on October 14th.

A few new awards were also added to the event, including the Preston Love Jr. Award, the DiAnna Schimek Award, the Deb Quirk Award, the Mike Fahey Award, and the Brad Ashford Award.

Bob Kerrey was honored by the name change, but also reportedly "uncomfortable" because of his great admiration for the two men who the event used to be named after, Morrison and Exon. Kerrey was Governor of Nebraska from 1983-1987.

Nelson was also honored and humbled by the change, stating, "I've always been a proud Democrat serving our state and nation with pride." Nelson was Governor from 1991-1999.

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SHERIFF'S OFFICE PULLS PROPOSAL TO PLACE LICENSE PLATE READERS ON OMAHA STREETS

OMAHA- Last week, the Douglas County Sheriff's Office proposed to add license plate readers to Omaha's streets, a new technology that they believed would help deter crime and capture stolen vehicles. Only a week after the proposal was made to the city council and debate was had over the matter, the Sheriff's Office made the decision to pull the proposal. 

Previously, the Sheriff's Office was allowed a 12-month trial period with the license plate readers, and was given 15 devices by Flock Safety, an Atlanta-based company that develops such technology. 

Prior to pulling the proposal from the City Council, Will Niemack, a captain with the Douglas County Sheriff's Office, stated, "We do believe the cameras will have a positive effect in catching criminals." Niemack reportedly agreed to enter into the trial period because of Omaha's recent rise in crime rates. 

Spike Eickholt, a representative of the American Civil Liberties Union of Nebraska, claimed that the technology would be used for "systemic surveillance of the people of Omaha." He went on to say, "We encourage the City Council not to approve this ordinance. Alternatively, we should ask that you wait and see. It's a trial period, wait and see how it works for them."

The Sheriff's Office did not respond to questions regarding why they pulled the proposal.

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