Tuesday, December 5, 1978
5
Harper calls lawsuit a moot case
By TAMMY TIERNEY
Staff Reporter
Although the Student Bar Association has a temporary court and has issued a temporary order to students, the Student Senate in court tomorrow, Mike Harper, student body president, remains
"I'm not going to do anything," he said yesterday. "The smart thing for them to do
The SBA and three law students yesterday filed a class action suit in U.S. District Court in Topeka against Harper, Robbie Robin, the lawyer vice president, and all student senators.
According to Jeff Roth, president of the
KANSAN
On Campus
The SBA SUIT is asking for $500 in damages, which is about one dollar for every law student, plus court costs and the filing of a complaint. The group voted in favor of the amendment. The group is also seeking a permanent injunction to prevent the state from issuing its funding if the petitions are circulated.
SBA, the suit was filed in response to an amendment to the Senate revenue code passed by the Senate Wednesday. The amendment stipulated that the SBA would be required to issue if SBA members circulated a petition urging the moving of the Jimmy Green statue.
might or might not do is not grounds for a lawsuit.
However, Harper said the case was most because he had vetoled the amendment.
I have a feeling your brilliant law students will find themselves without a case in the matter.
"The bill has been vetoed, so as far as I am concerned, it's dead," he said. "The only way they can sue us is if the Senate overrides my veto. And what the Senate
ALTHOUGH A SPECIAL SENIOR meeting has been tentatively scheduled for Tuesday, the senator said he did not think voting whether to override the veto merited calling the vote.
TODAY: THE INSTITUTE FOR LEGISLATORS will meet all day in the Kansas Union. The KU HUMAN RIGHTS COALITION will hold a rally at 11:30 a.m. in front of Strong Hall. A talk on the history of human rights covenants will follow in the Sunflower Room of the Union. A SLAIC MATERIALS LECTURE will begin at 3:30 p.m. in the International Room of the Union. Bogdan Popovic, Yugoslav literary critic, will speak. COLLEGE ASSEMBLY meets at 4 p.m. in the Forum Room of the Union.
The next regular Senate meeting is scheduled for late January.
However, Harper's refusal to call a meeting is the SBAs reason for pursuing the issue.
Events
John Gage, one of the plaintiffs in the suit, said, "Nobody knows for sure the status of the veto is. All that the Senate has indicated to us is that it is an operative amendment until January when the Senate votes again."
TONIGHT: EUPEANE CLUB meets at 6:30 in the International Room of the Union. The African Studies department, as part of Human Rights Week, will sponsor a KANZER CAMPUS trip to "Two Africas in Transition" at 7 in the Council Room of the Union. MATHEMATICS HONORS RECEPTION begins at 8 in the Centennial Room of the Union. A STUDENTS COMPOSITIONS by KU students will begin at 8 Swain Recital Hall in Murphy Hall.
would have to be brought against the university. The Regents had to disqualify the Senate as well, a right apportioned.
But Gage said that because the suit was against individual Senate members rather than the Senate as a body, it would not have to involve the University.
"The Senate is an arm of the government that can't be sued, but we can sue individuals acting in their official capacity for nominal damages." he said.
David Ambler, vice chancellor for student affairs, said yesterday that he wanted to discuss the case with Harper and that he hoped that it would be settled out of court.
Although the amendment technically does not go into effect until fiscal 1979, Gage said, SBA members are worried that the Senate might try to enforce it before that time.
"Whether it is in effect or not, it's on the books," he said. "It's obvious that the amendment is directed toward the petitions that are being circulated now. The intent is there and they can cut our funding at any time, as I understand it.
The amendment's vague status is not the only reason the SBA is continuing the suit.
"AS FAR AS I know, they have us over a barrel."
Harper said a suit involving the Senate
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