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Nebraska residents file dozens of disability lawsuits

OMAHA, Neb. (AP) — Two people have filed federal lawsuits against 87 businesses in the Omaha area, alleging discrimination under the Americans with Disabilities Act.Zach Hillesheim and Melanie Davis have filed lawsuits against a variety of Omaha businesses, including motels, gas stations and fast food restaurants. Many of the businesses named in the lawsuits declined to comment on the pending litigation.

“I don’t like the lawsuits, but it does command some attention,” Davis said.

The 1990 Americans with Disabilities Act contains specific rules that require public accommodations and private businesses to be accessible.

The lawsuits address a variety of issues that people with disabilities have difficulty dealing with, such as sloped parking lots, narrow handicapped-accessible spots, high tables or hallways that are blocked.

Davis has cerebral palsy, which limits her ability to walk and stand. Hillesheim was paralyzed from the waist down when his spine was severed during heart surgery as an infant. They both rely on wheelchairs.

“When I go into a business and can’t use the bathroom, that’s not fair,” Davis said.

Hillesheim said they used to point out issues to workers and businesses owners, but that rarely made a difference. He said advocacy alone doesn’t work, and he’s “tired of feeling second-class.”

Hillesheim and Davis have filed 93 percent of federal ADA discrimination suits in Nebraska since April 2017.

The two were previously involved in the Minnesota nonprofit Disability Support Alliance, which filed dozens of ADA discrimination lawsuits in that state. The group disbanded amid disagreements among members and allegations that some members were taking advantage of the lawsuit settlements.

Hillesheim said most of the money they receive from settlements goes toward paying their lawyer.

Kristal Stoner named executive director of Audubon Nebraska

OMAHA, Neb. (AP) — The former wildlife diversity program manager at the Nebraska Game and Parks Commission has been named executive director of Audubon Nebraska.

Kristal Stoner will also serve as vice president of the National Audubon Society.

Audubon Nebraska’s mission is to conserve and restore Nebraska’s natural ecosystems focusing on birds.

Stoner says birds are “a captivating link to the natural world and an incredible lens through which to view our greatest conservation challenges.”

Stoner holds a master’s degree in science with an emphasis in ecology, evolution and behavior from the University of Nebraska-Lincoln and a bachelor’s degree in biology from Nebraska Wesleyan University.

Investigators say speed led to death of driver in crash

OVERTON, Neb. (AP) — Investigators say excessive speed led to a driver’s death in a crash near western Nebraska’s Overton.

38-year-old Victor Castillo-Pupo, of Grand Island, was driving a pickup truck east on a rural road early Sunday morning when it slid out of control. Investigators say the truck wen into the south ditch, across the road and into north ditch before rolling.

Dawson County Sheriff Gary Reiber says Pupo was thrown from the truck and pronounced dead at the scene.

Drug companies withdraw from Nebraska execution drug lawsuit

LINCOLN, Neb. (AP) — Two pharmaceutical manufacturers have dropped a lawsuit that sought to prevent Nebraska from using their drugs in a lethal injection.

Fresenius Kabi filed a notice Wednesday in U.S. District Court that it was dismissing the lawsuit, and Sandoz Inc. withdrew a motion to intervene in the case.

The lawsuit tried unsuccessfully to keep state officials from using what company officials suspected were their drugs in the Aug. 14 execution of Carey Dean Moore.

Nebraska executed Moore using a never-before-tried combination of four drugs. Fresenius Kabi presented evidence that it had manufactured at least one of the drugs, and Sandoz argued it may have produced another drug.

The companies argued that the execution would hurt their reputations and bottom lines if the public associated their products with executions.

Man trimming trees in Lincoln yard electrocuted

LINCOLN, Neb. (AP) — Police say a Lincoln man who was trimming trees in his south Lincoln backyard has been electrocuted.

36-year-old Zachary Francke died Wednesday afternoon after a tree limb fell on a power line and he tried to remove it.

Rescue crews were called to the home just before 2 p.m. Police closed traffic on South 40th Street as Lincoln emergency medical technicians attempted to save Francke.

Cattle feeders agree to penalties for water law violations

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Federal regulators have reached settlements with two northeast Nebraska livestock feeders accused of violating the Clean Water Act.

The Environmental Protection Agency says in a Thursday news release that both facilities have agreed to pay civil penalties. Bar MK, LLC, has agreed to pay a penalty of $29,000. Cindy Stratman, doing business as Cindy Stratman Livestock, has agreed to pay a penalty of $22,000.

EPA inspectors say both facilities in the West Point area lacked adequate livestock waste controls to prevent discharges of manure and process wastewater. Feedlot-related pollutants discharged into an unnamed tributary of Plum Creek, which discharges into the Elkhorn River.

Both facilities have agreed to provide the EPA with correction plans.

Bellevue officer’s bond set at $1M on prosecutor’s request

OMAHA, Neb. (AP) — A Bellevue police officer remains behind bars four days after reporting that his girlfriend had shot and killed herself.

The Omaha World-Herald reports that a judge on Thursday set bail for 52-year-old Craig Wiech at $1 million. Wiech is charged with two counts of attempted assault on an officer or first responder after Omaha police say he was drunk and punched an Omaha officer who responded to his 911 call late Sunday night.

Police say Wiech reported in that call that 48-year-old Carrie Brown, of Omaha, had shot herself. Police say he became aggressive with officers and medics who responded.

A Douglas County prosecutor said Thursday that the circumstances of Brown’s death are still under investigation and asked the judge to set a high bail amount.

The Bellevue Police Department said Thursday that Wiech has been placed on administrative leave.

Nebraska youth center to install fence to stop escapes

KEARNEY, Neb. (AP) — Nebraska officials plan to install a permanent fence around Kearney’s Youth Rehabilitation and Treatment Center campus in an attempt to stop high-risk youths from escaping.

Mark LaBouchardiere is the director of facilities at the Nebraska Department of Health and Human Services, which oversees the youth center. He tells The Kearney Hub that the fence is part of the 2018-19 business plan.

LaBouchardiere says the facility has had four escapes so far this year, but there were 17 escapes in 2017 and 36 in 2016.

More than 50 community members attended a Wednesday meeting to discuss additional ways to improve safety and security at youth rehabilitation and treatment centers in Kearney and Geneva. Sen. John Lowe of Kearney introduced an interim study resolution in March.

Former police sergeant accused of stealing from dad 

ALLIANCE, Neb. (AP) – A former police sergeant has been accused of stealing money from his father in western Nebraska.

Box Butte County Court records say 42-year-old Forrest Hickman is charged with felony theft. His attorney didn’t immediately return a call Thursday from The Associated Press. Hickman’s next court date is Sept. 7.

The documents say Hickman transferred more than $28,000 of his father’s money to his own accounts while handling his father’s finances from Sept. 1, 2015, to December 2017. His father was receiving medical care then.

The documents also say Hickman sold his father’s airplane and station wagon without his father’s authorization.

Hickman worked several years for the Alliance Police Department.

Man gets 2 years for shooting girlfriend’s dog in its kennel

ALLIANCE, Neb. (AP) – A man has been imprisoned for fatally shooting his girlfriend’s dog in northwest Nebraska.

Box Butte County District Court records say 30-year-old Adam Swanson was sentenced Monday to two years and credited for three days served. Swanson also was barred from owning or residing with an animal for 15 years. He’d pleaded no contest to animal neglect that resulted in death. Prosecutors dropped a weapons charge in return for Swanson’s plea.

Sheriff’s deputies say Swanson was intoxicated on Jan. 20 when he intentionally shot and killed the dog in its kennel. Swanson and his girlfriend had been arguing at their home about 5 miles (8 kilometers) northeast of Hemingford.

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