Mondav. Mav 5.1980
Administration seeks rights case dismissal
3
By KATHY KASE
Staff Reporter
The KU administration has filed a motion to dismiss a case brought against the University of Kansas by three students who claim their rights were violated.
The students had hung an anti-abortion banner at presidential candidate John Anderson's March 26 speech in Hoch Auditorium.
The banner, which read "The Bible says Abortion is Murder," was removed by campus police. The students filed a complaint against the University saying that the bill violated their rights. The complaint was filed with J. Hammond McNesh, University Judiciary chairman.
But the administration moved to dismiss the case because the hamer was a "political advertisement" and Anderson's ap- pology for his role in nature," according to the dismissal motion.
ANDERSON'S SPEECH was a non-political event, the administration said, because it was sponsored by the department of political science and not a partisan
in its motion, the administration said, "It is true that the presence of a president is important, but that a political event is in progress, but the purpose of John Anderson's visit was to visit."
The anti-abortion banner was considered political by the administration because abortion, in this election year, has "political overtones", which, coupled with the fact that the speaker was himself a presidential candidate, inspired the students to display the banner.
McNish said yesterday that a date for arguments on the dismissal motion had not been set.
It's up to them (the three students) to get together with the University council and decide on a date," he said.
BUT ONE off the students, Jay Smith, Prairie Village junior, said that he, Tom Dooley, Atchison junior, and Chuck Williams, will not know whether they will appeal to motion.
"We really haven’t decided yet," Smith said. "We are seeking counsel from different people we know. We are trying to get an idea about what is involved here."
Smith said that if they did pursue the dismissal motion, they would probably wait until June.
At this time of year, it's hard to do anything but be in school, what with finals and all," he said.
If the dismissal motion is pursued, Smith said, they have three options. He said they could take it before the University or give it a civil suit or take it to federal court.
"Of course, that's something we need to find out more about," he said.
REGARDLESS OF WHETHER they contest the motion, Smith said he did not agree with it. Calling it an attempt to re-write history, Mr. Johnson said he was endangering the Anderson speech for their own ends.
Since KU can't sponsor a political event, they won't call it one," Smith said. "If something happens that can't happen, all you do is call it something else."
The Anderson speech was a political event to Smith because he said that he never knew the department of political science was sponsoring the speech.
"When I entered the building, I anticipated attending a political rally," he said. "I just assumed the local committee for John Anderson was sponsoring the talk."
The anti-abortion banner was a statement of Biblical fact, Smith said. He said the banner was a commentary statement to John Anderson, only.
"In the past, John Anderson has taken a stand as a Christian," he said. "The Bible is the authority on abortion for Christians; the banner's comment was a statement."
THE COMPLIANT AGAINST the University was filed, Smith said, because the banner's removal had violated his freedom to espouse the Christian message.
"I'm not interested in free speech as free speech," he said. "But since this country guarantees some freedom of expression, I wouldn't be surprised when something threatens my life pursuant."
But according to Vickie Thomas, associate university general counsel, educational institutions can regulate the time and manner of expression.
"Certainly, he could have displayed the banner outside the auditorium," she said. "The Regents policy does not allow the banner inside the auditorium under those conditions."
Freedom of speech is not only at issue here, Smith said. Clear banner guidelines that define terms are also needed, he said.
"Even the terms political and non-political can be twisted by legal people," he said. "I want clear guidelines that define those terms."
"I just don't think you can call the John Anderson speech a nong-political event."
University Daily Kansan
UNIVERSITY DAILY KANSAN Police Beat
Over the weekend, police area reported a fire, a burglar, and burglary in the vicinity of the Ayatollah Khomeini and two people charged with possession of marijuana at the Douglas County jail.
Two Lincolne, Neb., women discovered that the car they were riding in was on fire Saturday afternoon a few miles outside of Reynolds, 22, and Peggy Searles, 20, left shuaff's deputies that they were moving to Lincoln, Lincoln to Marton, when the fire broke out.
The women managed to remove some of their property from the trunk of the burning vehicle. Deputies said the car was destroyed.
The cause of the fire was unknown and a damage estimate was not made at the scene.
Lawrence police said yesterday that the 25-year-old was burglarized Friday night. She was ment, valued at $650, was taken from the home of Angel Pinto, Maricela, Venezuela
A Kansas City, Kan., man on his way to Clinton Lake discovered that the boat he was fowling on a fire Saturday afternoon. The vessel was returned and, 28, was valued at $250 and was destroyed.
William R. Rayon, 23, and Michael J. Austin, 18, were arrested, police said, when two teens smashed windows at the club. Rayon was charged with attempted burglary and disorderly conduct.
Lawrence police took two Lawrence men in custody early Friday morning in connection with an attempted burglary of the Shibil private club, 1003 E. 32d S.
A 24-year-old Eudora man was checked to the Douglas County jail Friday night for a breathalyzer test that revealed that he had concealed a small plaque of "green leaf vegetation," as well as other evidence.
was charged with aiding and abetting a felon and released on 81,500 bond Saturday.
The man, Jay Wilson, told police that the material was to help him sleep while in jail. Wilson complained that radios in the jail kept him awake at night.
Wason was charged with possession of marijuana and held without bond until today when he was scheduled for a hearing with the judge of the King of the Davidson County District Court.
KU police reported a mannequin in the image of Ayatollah Kohmali hanging from the Irving Hill Road bridge over Iowa Street Friday night. The dummy, stuffed with rags and sporting a white cotton beard, bore a skinny shirt, "shoot a holo in the Ayatollah."
During processing at the county jail, sheerf's deputies found a small amount of what they said was marijuana in Sperry's county jail yesterday in lieu of $3.000 bond.
A 21-year-old Lawrence woman was arrested Sunday morning at the Douglas County jail for possession of marijuana. The woman, Brenda Sue Spry, had been taken into custody by Lawrence police after being found to have been at a Samphire's restaurant, 1903 W. 2nd St.
Sgt. Parn Cobb of the KU police said she took down the mannequin and put it into her car where it rode shougun for the rest of the day. The police said they had no suspects in the case.
Industrial revenue bonds await Carlin's approval
By CINDI CURRIE
A bill that will help Lawrence entire mall development in the downtown area is on its way to Gov. John Carlin for his signature.
Barkely Clark, city commissioner, said that because he had been involved in drawing up the bill and presenting it to state lawmakers, he "naturally guided elicited" with its passion.
Staff Reporter
"Cities need all the financial tools to compete with the suburbs," he said.
Both proposals were deleted by the conference committee.
The bill allows the city to issue industrial revenue bonds (IRBs) along with tax increment bonds for financing downtown redevelopment projects.
THE BILL WAS stalled in committee by a provision that would limit the bond issuance of $100 million to the new agreement and another amendment by state Rep. Betty Jo Charlson, D-Lawrence, which would have made downflow IRB issuance subject to a settlement, enough voters signed a protest petition.
CLARK SAID INDIVIDUAL businesses as well as developers could benefit from the issuance of bonds.
THE PROPOSED MALL, which was originally planned to be built near 37th and Fourth Avenues for merchants, especially after an extensive redevelopment of the downtown several blocks.
"It has given us another tool for possible construction and finance of the mail," he said.
The bill would allow cities to put together a financially attractive package for foreign investors, which includes revenue bonds that would exempt their buyers from state and federal income taxes.
The bill, supported by Lawrence city officials and Action 80, a private group that favors downtown development, was sponsored by the Lawrence mall developer to downtown Lawrence.
Warren Rhodes, Action 80 chairman, said yesterday that he was pleased the bill had passed the House and Senate.
After 18 months of secrecy in several plans for a downtown mall, Action 80 members will hold their first public meeting with the Central Junior High School auditorium.
"The piggy-backing" allows property tax revenues to finance the tax increment at a higher level than their purchase price at a higher level and increases value after improvement are completed.
The bill allows projects to be financed with both tax increment bonds and IRBs.
The bill passed the House 86-33 and the Senate 35-3 Friday during an extended wrap-up session which ended Saturday.
Action 80 schedules first public meeting
Action 80 president Warren Rhodes said last week that three consultants hired by his firm would be given consideration for locating a mail downtown, such as size, parking and retailing.
Some neighborhood presidents, however,
have questioned whether tonight's meeting
would give citizens an opportunity to affect
the mall plans.
They said they objected to the consultants' plans not to answer questions from the audience.
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