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Omaha City Council passes ordinance to restrict health director's powers during a pandemic

In a 5-2 vote, the council passed an ordinance giving elected officials more say in a public health emergency
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OMAHA, Neb. (KMTV) — Almost everyone has worn a mask at some point during this pandemic.

The question before the city council was whether or not the health director for the City of Omaha should be able to mandate mask-wearing or other health measures in a pandemic without the approval of elected officials.

Originally, Councilmember Vinny Palermo proposed that the city appoint a Special Epidemic Health Director to help manage an epidemic. But that got scrapped. Instead, the ordinance was amended so that the Douglas County Health Director still has authority in a public health crisis, but the mayor and council would get the final say. The ordinance also demands that the health director reach out to professionals to help make the tough decisions.

The ordinance passed Tuesday night with a 5-2 vote. Councilmembers Juanita Johnson and Pete Festersen voted 'no.'

Dr. Lindsay Huse spoke with councilmembers over the weekend about the ordinance, but still raised concerns at Tuesday's meeting.

"Should the time that we need to respond quickly to a public health crisis, we're just able to move through that whatever that process is very quickly, and not causing further harm to the residents of Omaha who need our protection. So those remain my biggest concerns," Huse said.

The State of Nebraska sued Huse after she imposed a mask mandate in January. That lawsuit is still in the courts.

"Ultimately this is to try the resolve the lawsuit that's pending, if we don't resolve this lawsuit and I believe this will help to do that, then we're gonna lose control of the city of Omaha and health decisions made here locally by us," Palermo said.

"I'm not convinced what we're doing today does satisfy any particular lawsuit we have right now against the city, nor do I think any decisions should be made based on those lawsuits," said Festersen.

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