CAMPUS MPUS Three KU students will join the Marines after graduation. Page 3A SEASONAL High 58° Low 45° Page 2A HUFFLEY KS STATE HISTORICAL SOCIETY TOPEKA, KS 66612 THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS FRIDAY.NOVEMBER 11,1994 ADVERTISING: 864-4358 (USPS 650-640) NEWS:864-4810 Appeals court threatens race-based scholarships KU scholarships could be affected by court decision By David Wilson Kansan staff writer A U.S. Court of Appeals decision that a Maryland university cannot offer a scholarship exclusively for Black students has legal experts and administrators wondering about the future of race-specific scholarships. The decision, handed down by the 4th U.S. Circuit Court of Appeals last month to the University of Maryland at College Park, won't have an immediate impact on race-specific scholarships at the University of Kansas, said Judith Pennrod Simineo, legal counsel for the Rod Regents. But if the case is appealed to the Supreme Court, colleges and universities nationwide — including KU— would have to comply with its decision, she said. The case stems from a lawsuit filed against the University of Maryland in 1990 by Daniel Podberesky, a Hispanic student who was denied information about the university's Benjamin Banneker Scholarship. The scholarship is exclusively for Black students. Podberesky's mother is Hispanic, and his father is white. Yesterday, lawyers at the University of Maryland filed an appeal to have the case heard by all 13 judges of the 4th U. S. Circuit Court of Appeals. Last month's decision was made by three of those judges. "If we come up with the same ruling, we'll appeal to the Supreme Court," said Leslie Copelain, a representative of the University of Maryland. Copeland said the Banneker Scholarship had its roots in the 1954 Brown vs. Topeka Board of Education decision, which called for the desegregation of Black and white students at public schools. Historically, the University of Maryland denied enrollment to Black students, Copeland said. "After 1954, the University still didn't have African Americans," she said. Copeland said the Banneker Scholarship was race-specific but merit-based and required that recipients do community service. The scholarship provides $35,000 to about 30 Black students a year. If the University of Maryland loses its case on the next appeal, the Supreme Court is likely to accept the case, said Jeff Weinberg, assistant vice chancellor for student affairs. Weinberg predicted that the Department of Education would take the lead in enforcing a possible Supreme Court decision. "People are waiting to read the details of the case," he said. "Clearly, there will have to be some discussion in Washington." Weinberg said that if the Supreme Court affirms last month's decision, See MARYLAND,Page 8A David Elswick, tattoo artist at In The Skin, gives Rick Symonds, other tattoo artist, a tattoo of an ewbell. Julianne Peter / KANSAN New tattoo parlor promotes safety, hygiene By Ashley Miller Kansan staff writer Lori O'Keefe doesn't know why she got a tattoo — she just got it. "It wasn't a spur-of-the-moment thing," said O'Keefe, Lawrence senior. "I had always wanted one." O'Keele got her tattoo, a rose, at a professional tattoo parlor when she was on spring break in Florida during her senior year in high school. But Dave Elswick, a new Lawrence tattoo artist, is concerned about the students that still are going to underground tattoo parlors. Dirty needles used by amateurs make it easier to catch a disease, he said. Elswick opened his tattoo parlor. In the Skin, 13 I/2 E. Eighth St., about two weeks ago. The shop is the first professional tattoo parlor in Lawrence. Little Rock, Ark., and Conway, Ark., also have In the Skin tattoo parlors. However, In the Skin is not the only place to get a tattoo in Lawrence. Elswick said that students in residence halls had been known to give tattoos. about spreading disease." "What I have a problem with is a person doing it for a few bucks on the side," he said. "To me that's just a hepatitis outbreak waiting to happen. They don't care Elswick's concern about keeping tattoo parlors safe for both customers and employees was a factor in his decision to open In the Skin. "My main intention was to get the shop functioning, but I want to run out the underground people," he said. but I want to run out the underground people," he said. Kansas has no state regulations for the cleanliness of tattoo parlors, said Greg Crawford, director of public information for the Kansas Department of Health and Environment. "No law requires us to establish regulations," he said. "And no one has ever asked we need to. That's kind of a scapegoat answer, but we haven’t heard the human cry that says, 'We want these facilities regulated.' In the Skin will not give a tattoo to anyone under 18 who does not have permission from a parent or legal guardian. Elswick said. Julianne Peter / KANSAN The tattoo process starts after the customer chooses the tattoo. Elswick then makes a copy of the tattoo to get the size the customer wants. After that, he lays the print of the tattoo, which is on special alcohol-soluble paper. An outline of the tattoo remains when the paper is removed, and Elswick colors the tattoo in. He keeps the process as clean and safe as possible. "Nothing that I touch or that touches the customer will ever touch another customer," Elswick said. "That's the simplest way to do it." Tattoos at In the Skin range from $30 to $500. Elswisr said the average tattoo, which is about 3 inches by 3 inches, costs $60 and took about 45 minutes to finish. The Tasmanian Devil is popular with men, and women often choose a rose. Elswick said. What's the most popular tattoo at In the Skin? "Those two are definitely the most popular," he said. Dunking in OT The Kansas men's basketball team defeated a team made up of Australian all-stars and former Kansas center Eric Pauley 87-85 in overtime. Page18 GOP heads start spelling out plans Republicans to gain committee control The Associated Press WASHINGTON — The man likely to take over the House's tax-writing committee is outlining plans for a quick tax cut — and talking about ending the income tax altogether. A Virginia Republican says he'll halt a probe of the tobacco industry. Sen. Jesse Helms, R-N.C., says he'll use his panel to slice foreign aid. Republicans who will take over Congress' committees next year are beginning to spell out their aims. President Clinton and now-outnumbered Democrats will resist them on many fronts. But for the first time in 40 years, January will see Republicans at the controls in Congress, better able to advance Archer, R-Texas, told reporters he would immediately push to reduce the capital gains tax on profits from property sales and to trim other taxes on many families, the elderly, people who save money for medical reasons and others. His panel will also try to revamp the welfare system to discourage people from relying too heavily on it, he said. in a way it is like a dream, but it's a reality today. And we've got to roll up our sleeves," said Rep. Bill Archer, who will probably take over the tax-writing Ways and Means Committee. ideas that Democrats had long consigned to committee corners. A substitute for the income tax should be "the engine that will drive job creation, economic activity, increase the effective income for the people of this country," Archer said. Archer also spoke of a longer-range goal: a complete replacement of the income tax, perhaps with a national sales tax. Many Democrats have argued that such an idea could put a proportionately heavier burden on the poor, who must spend more of their income than well-off people do. Rep. Pat Roberts, R-Kan., is the likely chairman of the House Agriculture Committee. He said he wants to hold hearings on "the fraud, waste and abuse, and the organized crime entrance in the food stamp program." Jay Thornton / KANSAN Sen. Nancy Kassebaum will displace Sen. Edward Kennedy, D-Mass., as head of the Senate Labor and Human Resources Committee. She said she favored giving the states all responsibility for welfare programs and, in exchange, having the federal government pay all Medicaid bills. The Jerusalem Cafe opened Oct. 14. The cafe is the second restaurant opened by the founders of the Jerusalem Cafe in Westport. Drive through Jerusalem style By Carlos Telada The sign on the front of the Jerusalem Cafe claims that it's the best Mediterranean and vegetarian drive-through cafe. "Maybe there's one in Seattle or New York," said Hassan, a native of the Palestinian side of Jerusalem. "But I've never heard of any other." It's a pretty easy claim to make, said Ayman Hassan, manager of Lawrence's latest restaurant. As far as he knows, it's the only Mediterranean and vegetarian drive-through café in the nation. the care, 701 W. 23rd St., moved into Lawrence on Oct. 14 and originally wasn't meant to be a drive-through. The owner, Fred Azzeh, who runs a sit-down Jerusalem Cafe in the Westport area of Kansas City, Mo., wanted to open another sit-down restaurant, Hassan said. But one look at the rental rates for store fronts in Lawrence made management change its mind, Hassan said. "It wasn't the first option in mind, but we couldn't find any other place," he said. Quickies Restaurant, which served fast food hamburgers and french fries, moved out of the cafe's spot earlier in the year, leaving an empty and available drive-through restaurant. A So the cafe is trying to find a place among the McDonald's, Wendy's and Taco John's of 23rd Street. For between $4 and $7, customers can order falafel, a vegetable patty in pita bread; hummos; baba ghanouj, an eggplant dish; or shawarma chicken, chicken in Mediterranean spices and pita bread. "it's totally different, and that's our target," Hassan said. Hassan said the owners of the cafe in Westport decided to branch into Lawrence because many of their customers told them they drove from Lawrence to eat there. Hassan said that the restaurant might expand to a sit-down restaurant at another site in the future but that it would keep its drive-through location for now. The addition of a new restaurant is a mixed blessing for other restaurants, said Kevin Manning, manager at Kentucky Fried Chicken, 658 W. 23rd St. He said an area with a lot of drive-through restaurants drew a lot of customers. But the addition of another restaurant could drive away customers initially, Manning said. "Any new restaurant affects you somewhat," he said. "But it's a temporary thing." Chancellor search down to 14 Kansan staff report The chancellor search committee narrowed its pool of prospects to 14 candidates at a meeting Wednesday night at the Adams Alumni Center. The candidates will be interviewed by the search committee at the center. "We have two full weekends dedicated to interviews," said Stephen Jordan, executive director of the Board of Regents and member of the search committee. --- Jordan said each candidate would have an hourlong interview conducted by the committee. The committee will submit the names of five finalists to the Regents on Dec. 15. The Regents will make the final decision.