NEBRASKA ACTIVIST PLAYBOOK

Nebraska Action Guide

State-Specific Tactics to Restore Police Radio Transparency

Nebraska's state motto inscribed on the Capitol reads: "The Salvation of the State is Watchfulness in the Citizen." Yet Omaha and Lincoln have encrypted their police radio, limiting that watchfulness. This guide provides strategies to restore transparency using Nebraska's strong sunshine laws and Lincoln's media access model.

Nebraska's Encryption Landscape

Understanding the current state of police radio transparency

Nebraska's two largest cities have both encrypted their police communications, but with different approaches. Lincoln encrypted in 2019 but provides select media with real-time access and offers a 10-minute delayed public feed. Omaha and Douglas County Sheriff encrypted in February 2023 with a 15-minute delayed public feed and limited media access arrangements.

The ACLU of Nebraska has actively engaged on this issue, meeting with Omaha police and advocating for transparency provisions. Lincoln's media access model provides a template that could be expanded statewide through legislation or replicated in other cities through local advocacy.

Omaha Encrypted Feb 2023 - 15min Delay
Lincoln Media Access + 10min Delay
LB 43 2024 Records Fee Reform

Key Nebraska Encryption Timeline

2019 Lincoln PD encrypts but provides media access and 10-minute public delay
Pre-2023 Sarpy County Sheriff's Office encrypts communications
Feb 2023 Omaha PD and Douglas County Sheriff encrypt all dispatch
2024 LB 43 limits public records fees for Nebraska residents

Major City Encryption Status

Current state of scanner access in Nebraska's cities

Omaha

Fully Encrypted

Omaha Police Department encrypted all dispatch communications in February 2023. A 15-minute delayed public feed is available, with limited live access arrangements for some Omaha-based media outlets who agreed not to share information before the delay except for public safety emergencies.

  • Population: ~490,000
  • County: Douglas County
  • Encrypted: February 27, 2023
  • Public Access: 15-minute delayed feed
  • Media: Limited live access agreements

Lincoln (State Capital)

Media Access Model

Lincoln Police encrypted in 2019 but established a media access program. Select media outlets have real-time access to primary dispatch channels, while the public can access a 10-minute delayed broadcast through the Lincoln Police Department.

  • Population: ~295,000
  • County: Lancaster County
  • Encrypted: 2019
  • Public Access: 10-minute delayed feed
  • Media: Real-time access via equipment

Douglas County Sheriff

Fully Encrypted

Douglas County Sheriff's Office encrypted alongside Omaha PD in February 2023. Unlike Omaha, the Sheriff's Office reportedly cut off live feed access for everyone, including media.

  • County: Douglas County
  • Encrypted: February 27, 2023
  • Media Access: Reportedly no live access

Sarpy County Sheriff

Encrypted

Sarpy County Sheriff's Office encrypted before Omaha and Douglas County, making the entire Omaha metro area effectively dark to public scanner access.

  • County: Sarpy County
  • Status: Fully encrypted

Key Nebraska Contacts

The people who can make change happen

State Legislature (Unicameral)

Governor's Office

Executive Branch

Why Contact: Governor Pillen can influence statewide transparency policies and direct executive agencies.

  • Address: 1445 K Street, Lincoln, NE 68508
  • Mailing: PO Box 94848, Lincoln, NE 68509-4848
  • Phone: (402) 471-2244
  • Website: governor.nebraska.gov

Judiciary Committee

Key Committee

Why Contact: The Judiciary Committee handles legislation related to law enforcement and public records. They meet Wednesdays-Fridays in Room 1525 during session.

Ask: "Will you support legislation requiring media access programs for encrypted police communications, similar to Lincoln's model?"

Your State Senator

Your Representative

Why Contact: Nebraska has a unique unicameral (one-chamber) legislature. Your senator is your only state legislative representative.

State Agencies & Advocacy

ACLU of Nebraska

Active Ally

Why Contact: ACLU Nebraska has actively engaged on police encryption, meeting with Omaha police and advocating for transparency provisions.

Note: ACLU Nebraska successfully advocated for Omaha's media access arrangements. Coordinate with them on transparency campaigns.

Attorney General's Office

Open Government

Why Contact: The AG handles public records appeals and provides guidance on Nebraska's sunshine laws.

Media & Press Organizations

Omaha World-Herald

State's Largest Daily

Why Contact: Nebraska's largest newspaper, directly affected by Omaha encryption. Has media access arrangements with OPD.

Lincoln Journal Star

State Capital Daily

Why Contact: Second-largest Nebraska newspaper, has real-time access under Lincoln's media access program.

Nebraska Public Media

Statewide Coverage

Why Contact: Provides statewide news coverage and has covered sunshine law issues.

Flatwater Free Press

Independent Nonprofit

Why Contact: Independent nonprofit newsroom covering Nebraska news, has reported on public records issues.

Nebraska Public Records Requests

Use Nebraska's sunshine laws to document encryption's impact

Nebraska's Public Records Laws (Neb. Rev. Stat. Section 84-712 to 84-712.09) date back to 1866. Agencies must respond within 4 business days. The 2024 law LB 43 limits fees for Nebraska residents, providing 8 hours of free search time for residents and media. You do not need to provide a reason for your request.

Nebraska-Specific Records Request Templates

Template 1: Scanner Harm Documentation

Purpose: Prove there's no evidence scanner access harmed officers

Pursuant to Nebraska's Public Records Laws (Neb. Rev. Stat. Section 84-712 et seq.), I request copies of the following records:

  1. All documented incidents, reports, or investigations where public access to police radio scanner communications resulted in:
    • Injury or harm to any officer or personnel
    • Compromise of any tactical operation
    • Flight or escape of any suspect
    • Interference with any emergency response
    for the period January 1, 2015 through present.

If no responsive records exist, please provide written confirmation of that fact.

I am a Nebraska resident. Pursuant to 2024 LB 43, I request that search time be provided at no cost for the first 8 cumulative hours. Please provide records in electronic format.

Template 2: Encryption Decision Documents

Purpose: Document how encryption decisions were made

Pursuant to Nebraska's Public Records Laws (Neb. Rev. Stat. Section 84-712 et seq.), I request copies of the following records:

  1. All internal communications regarding the decision to encrypt police radio communications, from January 1, 2020 through present.
  2. All city council or governing body meeting minutes where radio encryption was discussed or approved.
  3. Any agreements with media organizations regarding access to encrypted channels.
  4. Any public comment received regarding encryption decisions.
  5. Cost analyses or budget documents related to encryption implementation.

I am a Nebraska resident. Pursuant to 2024 LB 43, I request that search time be provided at no cost for the first 8 cumulative hours.

Template 3: Media Access Program Details

Purpose: Document existing media access programs for expansion advocacy

Pursuant to Nebraska's Public Records Laws (Neb. Rev. Stat. Section 84-712 et seq.), I request copies of the following records:

  1. All written policies or procedures governing media access to encrypted police radio channels.
  2. All agreements, memoranda of understanding, or contracts with media organizations for scanner access.
  3. Any applications or requests from media organizations for access and the department's responses.
  4. Any criteria or qualifications used to determine which media organizations receive access.
  5. Any documentation of the delayed public feed system, including technical specifications and access procedures.

Nebraska Public Records Tips

  • 4-Day Response: Agencies must respond within 4 business days
  • LB 43 Fee Protection: Nebraska residents get 8 hours of free search time under 2024 law
  • No Reason Required: You don't need to explain why you want the records (confirmed by Nebraska Supreme Court)
  • AG Appeals: If denied, petition the Attorney General to review; decisions due in 15 days
  • Fee Disputes: You can also petition the AG if you believe fees are unauthorized

The Lincoln Model: Media Access Blueprint

Lincoln's approach provides a template for statewide legislation

When Lincoln Police encrypted in 2019, they established a media access program that balances operational concerns with press freedom. Select media outlets receive real-time access to primary dispatch channels through additional equipment, while the general public can access a 10-minute delayed broadcast. This model preserves journalistic access while addressing some of the concerns that drive encryption decisions.

The Lincoln model is not perfect - the 10-minute delay for the general public still limits real-time awareness - but it represents a compromise that could be expanded statewide through legislation requiring similar provisions whenever encryption is implemented.

Statewide Legislation

Work with the Judiciary Committee to introduce legislation requiring all Nebraska agencies that encrypt to provide media access programs similar to Lincoln's model, with clear criteria for access.

Omaha Expansion

Omaha has limited media agreements, but they're not as comprehensive as Lincoln's. Advocate for expanding Omaha's media access program and making the criteria transparent.

Douglas County Sheriff

The Sheriff's Office reportedly provides no live media access. Use Lincoln's model to advocate for establishing a media access program at the county level.

Public Delay Reduction

Both Lincoln (10 min) and Omaha (15 min) have public delays. Advocate for reducing these delays and making the delayed feeds more accessible and publicized.

Local Actions: City Council & County Board

City councils and county boards control local encryption policies

Omaha City Council

The Omaha City Council oversees the Omaha Police Department. Advocacy here can push for expanded media access and shorter public delays.

Template: Media Access Expansion Request

Dear [COUNCIL MEMBER NAME],

I am writing regarding the Omaha Police Department's encrypted radio communications and the current media access arrangements.

When Omaha encrypted in February 2023, limited media access arrangements were established following advocacy by the ACLU and news organizations. However, these arrangements are less comprehensive than Lincoln's media access program, and the Douglas County Sheriff reportedly provides no live media access at all.

I respectfully request that the Council:

  • Review and publish the current media access criteria and agreements
  • Consider expanding media access to match Lincoln's model
  • Explore reducing the 15-minute public delay
  • Better publicize the existence of the delayed public feed

Nebraska's motto calls for "Watchfulness in the Citizen." I ask that Omaha support this principle by maximizing transparency within encrypted communications.

Respectfully,
[YOUR NAME]
[YOUR ADDRESS]
[PHONE/EMAIL]

County Board Engagement

Douglas County Sheriff's Office encrypted alongside Omaha PD but reportedly with less media access. County board advocacy is essential.

Key Questions for County Officials

  • "Does the Sheriff's Office have a media access program for encrypted communications?"
  • "If not, why does the Sheriff provide less access than Omaha PD?"
  • "Is there a delayed public feed available for county communications?"
  • "What would it take to establish a media access program similar to Lincoln's?"
  • "Was the county board consulted before encryption was implemented?"

Meeting Tips

  • Coordinate with ACLU - ACLU Nebraska has relationships and experience on this issue
  • Cite Lincoln model - Point to Lincoln as proof that media access works in Nebraska
  • Bring media allies - Journalists can testify about the impact on their coverage
  • Request formal review - Ask the board to formally review and adopt transparency policies

Take Action Now

Concrete steps you can take today to restore transparency

1
Connect with ACLU Nebraska

ACLU Nebraska has already engaged on this issue and secured some media access in Omaha. Coordinate your efforts with their ongoing advocacy work.

2
File Public Records Requests

Request scanner harm documentation from Omaha PD and Douglas County Sheriff. A "no records" response proves their safety justifications are unfounded.

3
Contact the Judiciary Committee

Advocate for statewide legislation requiring media access programs whenever encryption is implemented. The Lincoln model provides a tested framework.

4
Engage Local Government

Attend Omaha City Council and Douglas County Board meetings. Request agenda items for encryption transparency discussions.

5
Build Media Coalitions

Contact the Omaha World-Herald, Lincoln Journal Star, and local TV stations. Support their advocacy for expanded media access.

Nebraska Resources & Links

Everything you need for your advocacy campaign

Government Resources

Sunshine Laws

Activist Playbook

Allies & Media

Take Action for Transparency

Your voice matters. Here are concrete ways to advocate for open police communications in your community.

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Contact Your Representatives

Use our templates to email your local officials about police radio encryption policies.

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Read Case Studies

See how encryption has affected real communities - from Highland Park to Chicago.

View Cases
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Spread Awareness

Share evidence about police radio encryption with your network and community.

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See the Evidence

Review the facts, myths, and research on police radio encryption.

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Public Testimony

Learn how to speak effectively at city council and public safety meetings.

Prepare to Speak
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Download Resources

Get FOIA templates, talking points, and materials for advocacy.

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