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A federal judge dismissed a lawsuit brought by an Omaha man to stop the release of balloons by Husker fans in Memorial Stadium.

Judge Laurie Smith Camp on Friday dismissed the case on the basis that the University of Nebraska was a state agency and therefore immune from being sued in federal court under the 11th Amendment to the U.S. Constitution.

Randall Krause, who asked the court to ban the balloon release under the Resource Conservation and Recovery Act, said Congress repealed states’ immunity by enacting the law.

Camp disagreed, citing case law that “concludes the clear language (of the Resource Conservation and Recovery Act) demonstrates Congress did not intend to abrogate states’ sovereign immunity from suit.”

Since at least the 1950s, Husker fans have released balloons to mark the first score by Nebraska in a game.

In his argument filed with the court in May, Krause said the balloon release constituted dumping solid waste under a 1976 federal law.

The helium-filled biodegradable latex balloons, along with the non-biodegradable ribbons tied to them, also presented a choking hazard to children, as well as 60 endangered animal species, Krause said.

Reach the writer at 402-473-7120 or cdunker@journalstar.com. On Twitter @ChrisDunkerLJS.

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