Raven
Tomorrow's weather
Kansan
Partly cloudy and mild with a high near 65 and a low near 48.
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
near 48.
Sports: The baseball team wants to repeat last week's victory when it faces Wichita State tonight.
(USPS 650-640) • VOL. 110 NO. 130
TUESDAY, APRIL 11, 2000
Inside: The Kansan editorial board presents its voter guide for Student Senate elections.
SEE PAGE 4-5A
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WWW.KANSAN.COM
Chalk code ignored for Senate elections
Buddy Lloyd, a member of the KU chapter of ACLU, writes with chalk on the sidewalk before Senate debates yesterday. Photo by Brad Dreier/KANSAN
By Doug Pacey
writer@kansan.com
Kansan staff writer
All it took was a bucket of chalk to extend freedom of speech at the University of Kansas.
It now is legal for messages regarding Student Senate elections to be chalked on campus, said Michael Kaufman, Elections Commission chairman.
The American Civil Liberties Union sent a letter — signed by a staff attorney for the Kansas and Western Missouri chapter of the ACLU — to Ruth Stoner, assistant dean of students, asking the University to overturn the elections code that prohibited chalking messages related to Student Senate elections.
Stoner said she would not comment on the letter.
Kaufman said the KU chapter of the ACLU also contacted him last week about the code.
"We talked about the code, and we decided to not enforce it this year," he said. "We felt their reasons were valid."
Yesterday, United Students and Delta Force candidates chalked messages on Wesco Beach, but Students First candidates did not take part.
Kaufman said the code would be reviewed before next year's elections by the Elections Commission.
"We know that it is legal to chalk now," said Sam MacRoberts, Students First presidential candidate. "But there are stipulations to the code that are ambiguous and difficult to follow, and we don't want to get fined."
Akaum said chalking could not be within view or within 100 feet of a polling site.
Ben Burton, presidential candidate for Delta Force, and Marlon Marshall, vice-presidential candidate for United Students, said they supported the overturning of the code.
Brent Wallace, United Students nontraditional candidate, chalked messages on the sidewalk.
This chalk stash was brought to the University yesterday for students to write messages regarding Student Senate elections. The Elections Commission decided against enforcing the code. Photo by Brad Dreier/KANSA
"The code offended me. The code was a double standard, and the general principle of it bothers me. The members of the ACLU are the standard bearers for us."
Brent Wallace
United Students nontraditional candidate
"The code offended me," he said.
"The code was a double standard, and the general principle of it bothers me. The members of the ACLU are the standard bearers for us."
Michael Roessler, Delta Force nontraditional candidate, also wrote a message.
"It's a violation of freedom of speech," he said. "We should be able to chalk for the campaign."
Buddy Lloyd, member of the KU chapter of the ACLU, said it would pay for any fines incurred by any coalition that chalked yesterday.
Chenowith loses weekend battle with tow truck
By Sara Shepherd
Kansan staff writer
An attempted escape from a tow truck left a KU basketball player spinning his tires this weekend.
The KU Public Safety Office was dispatched shortly before 11 p.m. Friday to the circle drive in front of Jayhawker Towers, where Eric Chenowith, Orange, Calif., junior, had gotten into his car and tried to drive away before it was towed. Chenowith is a center for the Kansas basketball team and a United Students candidate for Student Senate.
But there was one problem — his vehicle already was hooked up to a five-ton wrecker.
According to a police report, Chenowith
red 1992 Ford Explorer was parked in the circle drive in front of Jayhawker Towers in a 20-minute metered delivery stall that was posted as a towaway zone. Chenowith said he tried to move his vehicle before it was towed, but he was blocked in by another parked car, a parking truck and the tow truck.
Two towing employees and three parking employees who were present at the scene said Chenowith got into his vehicle after its front tires already were being lifted off the ground. He then started the vehicle and tried
— two or three times — to back away while it was attached to the tow truck.
Donna Hultine, assistant director of parking, said one of the tow truck drivers already was in the area on another call. She said there initially was only one parking officer,
but two others arrived after hearing about the problem over the radio.
According to the police report, Chenwish
was angry, stating that no one was going to
tow his car. Chenwith also took the towing truck's dolly wheels, which were to be placed under the rear tires, and locked them inside his car.
"I guess he decided we didn't need those and just threw them in his car and locked it," said Marvin Shaw, office manager at A&M Towing.
After police arrived,
Chenowith admitted to taking the wheels and returned them to the towing operators.
Chenowith: Tried to drive vehicle away before it was towed
Hultine said one of the parking employees at the scene told her Chenowith was not belligerent toward him.
"He said that he wasn't mean to him at all;he was just upset with the tow truck driver." Hultine said.
Shaw said the former parking policy said vehicles had to be hooked up to a wrecker before the towing company actually was in control. However, it has been changed.
Humine said once a tow truck arrived at a scene and made contact with parking officials, the person must deal with the towing company.
See CHENOWITH on page 3A
Justice Clarence Thomas educates, inspires in campus visit
Bv Rvan Devlin
By Ryan Devlin
Kansan staff writer
Supreme Court Justice Clarence Thomas spoke yesterday to a group of KU students about impartiality, loyalty to the constitution and what he looks for in a law clerk.
Thomas visited with more than 200 students yesterday morning as part of a two-day visit to the School of Law. He also served as the chief justice for the school's annual Foulston and Siefkin Moot Court Competition. Thomas is here through tomorrow and will continue to visit classes and meet with students and faculty. No public visits are scheduled.
He said that justices should never take political positions on current issues.
Supreme Court Justice Clarence Thomas sits with Judge Deannell Reece Tacha, left, and Judge Mary Beck Briscoe, both from the U.S. Court of Appeals for the 10th Circuit. They were judging the final arguments of the 2000 Moot Court Competition yesterday at Green Hall. Photo by J.M.Dailey/Kansan
Thomas said the judicial branch differed from the other branches of government, which focused on vote-getting and lobbying.
"In the judicial branch, the rule of law is paramount," Thomas said.
political "it's quite inappropriate for our members to take political positions; it undermines the rule of law," Thomas said.
Thomas admitted, however, that he did have his prejudices.
Matt Franzenburg, Keystone, Iowa, junior, asked Thomas what his view was of the Second Amendment, to which Thomas replied that he would deliver an opinion when the Supreme Court got a case on it. He said although he wasn't a "big gun guy," that he would interpret any case that came before the court in terms of the Constitution.
"We all have our blases," he said. "What I do when working on a case is to say to my clerks, 'Here are my prejudices.' In our
But when asked about whether he thought the Supreme Court could become involved in the case of 6-year-old Cuban refugee Elian Gonzalez, Thomas said that he didn't have a clue but that it most likely would be decided by the executive branch.
analysis, we lean against those prejudices to make sure we're not tainting the analysis with those prejudices."
When asked about his views on contemporary issues, Thomas' stock answer was "I don't know."
When asked what he looked for in a law clerk, Thomas replied that he preferred clerks from modest backgrounds who graduated at the top of their classes and were intellectually honest.
"They have to know at 26 what a lot of us don't know at 36." Thomas said.
"We pretend there is no Second Amendment, but there is." Thomas said.
Michael Walsh, Wrightwood, Calif. junior, attended one of Thomas' talks yesterday. He said he was impressed by
Thomas' intelligence.
Thomas intelligence.
"I'm leaving feeling much more confident about our judicial branch than I did when I came in." Walsh said.
Thomas told the Kansan yesterday that he apreciated the feedback he got from his visits with students.
"They don't ask throwaway questions," Thomas said. "After visits like this, I'll go back to Washington and students' questions come back to me and cause me to think about them again. That's refreshing."
Candidate criticized for violation of IFC rule
By Erinn R. Barcomb
writer@kansan.com
Kansas staff writer
A fraternity party at Lambda Chi Alpha last summer continues to cause controversy in the University's greek community.
The party prompted an Interfraternity Council judicial hearing against United Students presidential candidate Ben Walker because unapproved alcohol was served at the party. At the time of the party, Walker was the IFC vice president for philanthropy and community service. He still is a member of Lambda Chi Alpha, 1918 Stewart Ave.
The judicial board handles minor and major cases, said Brian Wanamaker, Topeka senior and judicial board member. He said this was a major case.
The Kansan recently was contacted by students concerned about the incident and Walker's campaign for student body president. The Kansan has not received calls regarding any other candidate.
Walker said that although he attended the party, he did not plan it and remained sober.
Walker: Says surf- of incident politically motivated
"I admitted that it happened and took responsibility for it," Walker said.
Brian Cooper, Overland Park junior and president of Lambda Chi Alpha, said that Walker was responsible at the party.
"He could have walked away and let it get out of control," said Cooper, who was IFC vice president of recruitment at the time. Moreover, Cooper said the fraternity had not had any alcohol violations since the party.
But Benjamin Figard, Bartlesville, Okla., senior and member of Ph Kappa Theta, said that Walker organized and condoned the party for potential members. Walker said the party happened several hours after a rush event.
Figard, who filed a complaint to the IFC's judicial board about the event, said he would not vote for Walker.
When Figard, the IPC vice president for public relations at the time, arrived, he said Walker and Cooper were there.
Wanamaker, who knew Walker through high school debate, said that although he did not think the situation would affect Walker's duties as student body president, he thought the situation cut down on the perception of Walker's integrity and character.
"It's a situation that mada a lot of people very angry," Wanmaker said.
“It's a situation that made a lot of people very angry,” Wanamaker said. Chris Jameson, Dallas senior and chief justice for the judicial board, said that the board viewed Walker's behavior as inappropriate and that by failing to comply with regulations, he was not fulfilling his duties as an IFC vice president.
Jameson said the judicial board made a motion to have Walker removed from office, but the IFC's general council stopped it early in the removal process.
Instead, Walker was required to make a series of public apologies for the incident.
Walker said that he had no problem with apologizing for his actions and that he did not see his IFC role as the role of a policeman.
Moreover, Cooper said that the board's members were not permitted to discuss hearings and disciplinary actions with the public, citing page 17 of the judicial board's manual regarding ethical standards and confidentiality.
Walker said he thought the surfacing of the incident was politically motivated.
"It's sad when people sign pledges to run a clean campaign and then don't," Walker said. "I'm in college. I make mistakes."
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