The City of Omaha has reached a settlement agreement with protesters backed by the ACLU of Nebraska, agreeing to dismiss a federal civil rights lawsuit in exchange for adopting policy changes and recommending the revision of a city ordnance.

The proposed settlement was filed in the U.S. District Court for the District of Nebraska last Thursday in ProBLAC v. City of Omaha, according to a joint news release by the city and the ACLU.

The litigation was brought by ProBLAC – the Progressive Black-Led Ally Coalition formed last June – as well as several people involved in a protest last July along Farnam Street.

Among the terms of the settlement is the city’s recommendation to the Omaha City Council to revise an ordinance, requiring that a reasonable opportunity be given to clear blocked public roadways.

The joint release describes the proposed revision as “revised ordinances affording protesters more protection and requires a prompt and good faith effort to support their passage.”

An appeal of a Douglas County Court judge’s determination that struck down the ordinances would be withdrawn, but a lawsuit could be refiled if the council fails to adopt the ordinance revisions. “From the start, our plaintiffs’ goals were to defend their rights and protect future protests. This agreement achieves meaningful progress on both fronts,” ACLU of Nebraska Legal Director Adam Sipple said in a statement.

The Omaha Police Department also agrees to provide clear training related to the use of chemical agents, mass arrests, identification of officers and the accessibility of its policies.

Police officers are prohibited from using chemical agents against anyone who is engaged in expressive, non-violent behavior. Exceptions are when police target a specific person for whom there is probable cause to arrest, but only when a clear and unambiguous warning is given that the person is subject to arrest and that such chemical agents will be used. Even then, chemical agents should only be used when “a last resort to protect against injury to members of the public or law-enforcement officers,” according to the settlement agreement.

Chemical agents include pepper balls and spray, mace, flash-bangs, tear gas and other forms of grenades and foam rounds or others kind of rubber bullets.

The agreement also requires two public annual reports that will address OPD compliance with its terms, including details on deployment of chemical agents.

The city will also publicly publish an up-to-date manual of all OPD policies, procedures, general orders and specific orders in a searchable, online format – except for policies deemed tactical.

“I am pleased we were able to reach an agreement and set a positive tone for the start of 2021,” Omaha Police Chief Todd Schmaderer said in a statement. “When common ground can be reached everyone benefits. I want to thank the legal teams, from both sides, for their dedicated work.”

Under its terms, plaintiffs agree to dismiss claims for damages while defendants agree to dismiss pending charges for violation of Omaha City Code Sections 20-44 or 20-45 against any person present at the Farnam Street March, according to the joint statement.

The settlement agreement terms would be enforceable for two years if accepted by the court. The agreement follows a court mediation process that began Dec. 7.

“The parties wish to thank one another for negotiating this settlement which is (in) their mutual interests and will ultimately benefit the entire community,” the litigants said in the statement.

Find a copy of the terms at omahadailyrecord.com.