ACLU Nebraska Legal Program - Racial Discrimination
Click here to learn more about ACLU Nebraska's
other Legal Program areas.
Most complaints of racial discrimination we handle involve police misconduct.
Click here to read more about those cases involving racial discrimination and
the police.
Marriage license discrimination uncovered, challenged, and resolved
for a "Happy Ever After" ending. Five counties in Nebraska were
caught refusing marriage licenses to new immigrants. The counties
(Dawson, Hall, Lincoln, Phelps and Platte) actually told ACLU clients and
undercover ACLU testers that the law required certain types of
documentation before a license could be granted....but the requirements
were made up. Some counties insisted on proof the person was here
legally. Some counties insisted on a Social Security card for
citizenship. Some counties said no photo ID would be accepted if it
was from a foreign country (such as a passport or driver's license from
another nation). All of these requirements were beyond what state
law requires, and ACLU Nebraska challenged the requirements as being
racially biased against new immigrants--especially against new Hispanic
immigrants. After a threat of a lawsuit, the counties backed down
and changed their policies. Read the letter we sent them
here. This summer,
ACLU wrote a letter to every single other county clerk to remind everyone
that marriage licenses must be given to all applicants, regardless of
their nationality or race or citizenship status. (July, 2009)
Night owl laws in Omaha are unenforceable. The Omaha City
Council passed an ordinance essentially making it illegal for people to
hang out between 2 a.m. and 6 a.m. If someone is caught committing a
crime, all the other people (who weren't doing anything except hanging out
nearby) can be ordered to disperse for no reason now--or they'll face a
criminal ticket. ACLU Nebraska objects to the law, since it was
clearly designed to intimidate and target people in minority
neighborhoods. We've written to the City of Omaha, warning that any
enforcement of the law will be challenged in court. Read a copy of
the letter here.
Contact us if you learn about someone being ticketed! (March,
2009)
ACLU Joins Former Black Panther in Asking for New Trial. Edward Poindexter has been in prison since 1970 for a crime he
may not have committed. ACLU Nebraska's amicus brief in his case
was submitted to the Nebraska Supreme Court, asking
the judges to consider whether Poindexter was a victim of the FBI
program COINTELPRO. COINTELPRO was an unconstitutional effort
to target dissident minority voices, including those of black
leaders in both the civil rights movement and in the more
controversial Black Panther movement. ACLU Nebraska urged
the court to recall the intense racial discrimination present in
the time surrounding the events of Poindexter's conviction and to
view the prosecution's case with some skepticism as a result.
Download the brief here.
Unfortunately, the Nebraska Supreme Court rejected Poindexter's
appeal and denied him any further hearing in his case. ACLU
will continue to work with Poindexter's attorneys as he seeks
relief in the federal court system. (June, 2009)
Lubna Hussein is a Muslim woman, originally from Egypt. In the summer of 2003, she went to an Omaha public pool
with her three young daughters and a friend. The pool employees refused to allow Lubna in, claiming her modest
clothing and Muslim head scarf were not permitted. Lubna and her daughters saw other people in the pool area who were
wearing street clothing, but they still were refused entry. Lubna returned on a second occasion and tried to explain
her religious beliefs required her to wear her scarf and clothing--she explained she only wanted to watch her children
swim, not swim herself. Again, though other people--who were white--were in the pool area in regular clothes, Lubna
was denied entry. We filed suit in the spring of 2004, charging the city of Omaha with racial discrimination as well
as religious and gender discrimination. The case was settled in February,
2005, with a change in the pool dress code policies to allow anyone with
religious clothing to enter pool facilities in the future.
Read the Lawsuit Filing Press Release in Adobe PDF Format.
(June, 2004)
Read the Lawsuit
Settlement Press Release in Adobe PDF Format. (February, 2005)
