Judge drops case seeking balloon ban from Nebraska home games
Don’t worry, Nebraska fans. You can still release your balloons.
According to the Lincoln Journal Star, Judge Laurie Smith Camp dismissed the case that was seeking to ban balloons at Husker home games. Camp’s ruling came based on the fact that as a state agency, the University of Nebraska couldn’t be sued in federal court because of the 11th Amendment of the US Constitution.
Back in May, Omaha man Randall Krause attempted to file the for environmental purposes, saying that it was dangerous for wildlife. Krause claimed that “children under 8 years can choke or suffocate on deflated Husker balloons if they put them in their mouths.”
According to the Journal Star, Krause attempted to sue the university under the Resource Conservation and Recovery Act. Camp dismissed the case because “the clear language (of the Resource Conservation and Recovery Act) demonstrates Congress did not intend to abrogate states’ sovereign immunity from suit.”
Husker fans have been releasing red balloons after Nebraska’s first score since the 1950s, which pre-dates Nebraska’s nation-leading sellout streak.
Both traditions will have a chance to continue through 2016.