The fight isn’t over for the 25 protestors disputing their charges from the Farnam Street bridge protest
Supporters of the protestors arrested in the Farnam Street bridge mass arrest marched along the edges of the bridge on July 26th showing solidarity while many of the protestors were still in the county jail until the following day. Photo: @Jeffformayor
The fight is not over for the 25 protestors disputing their charges from a mass arrest over the summer. Last month, Douglas County Judge Marcena Hendrix struck down the ordinance used in the mass arrest of over 100 protestors, but Omaha City Prosecutor Matt Kuhse now says he will appeal the decision. Kuhse asserts it's appropriate to appeal a decision that could have great impact
On November 25th Douglas County Judge Marcena Hendrix issued the order saying that Omaha's city ordinance prohibiting the obstruction of a highway or street is "overly broad" saying that it "clearly regulates protected speech."
This city ordinance was used to conduct the mass arrest of over 120 protestors on the Farnam Street bridge in late July of this year, one of the many Black Lives Matter protests in Omaha this summer. Citing, “obstruction of a highway or street”, the mass arrest was conducted after protestors were surrounded by police and cruiser vehicles on both the east and west sides of the bridge. At least 25 challenged the constitutionality of the charge. With the help of the ACLU of Nebraska, protestors were connected with local attorneys for legal representation.
farnam st. bridge protestors could still face charges
Two protestors being arrested during the Farnam St. bridge organized event which took place over the summer. The demonstration on July 25 protested the lack of charges against Jake Gardner in the death of James Scurlock.
NOISE spoke to Adam Sipple, legal director at the ACLU of Nebraska, after Judge Hendrix issued her order against this ordinance. Adam Sipple explained that if the decision stands then the Omaha police could no longer rely on that ordinance to declare otherwise peaceful protests unlawful. So long as this decision is not appealed in a higher court, the charges based on this ordinance will be dropped for the 25. But the appeal brought by Matt Kuhse threatens this, as the Douglas County district judge who will rule over the appeal might not side with the protestors as Hendrix did.