Liability bill gets approval
Lincoln Journal Star (Nebraska)
April 5, 2007 Thursday

Sen. Ernie Chambers told stories. He read from the transcript of a public hearing. He engaged in playful banter and in very serious discussions of legal terms. He offered amendments that failed and then asked senators to reconsider their votes on those failed amendments.

He described what he considers racist policies where swimming pools in north Omaha are closed, but a skateboard park is built in west Omaha.

And just six minutes short of eight hours of debate over two days, 40 senators voted to stop Chambers' filibuster on a recreational liability bill (LB564).

Then they gave first-round approval to a measure that offers some protection from liability to local and state governments when they provide free activities.

"We have struck a good balance," said Omaha Sen. Steve Lathrop, who negotiated a compromise on the liability issue with representatives of local governments.

Government officials are seeking protection because a recent Nebraska Supreme Court decision held that a 25-year-old recreational liability law did not apply to public entities.

Though much of the discussion focused on skateboard parks, built by communities to keep kids off streets and sidewalks, there was much more at stake, said Lynn Rex, executive director of the League of Nebraska Municipalities.

Communities have closed sled hills, outdoor ice skating areas and skateboard parks. Without some protection, schools may have to fence their playground areas to keep unsupervised children off the equipment, she said.

Chambers argued government should have a higher standard of liability so that children who are injured and whose parents cannot afford medical care, will get that care.

But the Omaha senator was alone in his objections. The other senators waited out the filibuster, many in the comfort of their offices until summoned back to vote on amendments.

Speaker Mike Flood of Norfolk told senators to expect the filibuster to continue at the next two stages of debate.


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