Cs ser ne Th ex zo Inc S or a 8 Hot wheels The sporty little cars were locked into first gear, and the short course wound around pylon after pylon. But, hey, even Mario Andretti had to start somewhere. This weekend, about 275 people tested their finesse at Potter Pavilion in the Third Annual National Collegiate Driving Championship. See story, page 3. Warmer The University Daily High, 73. Low, 40. Details on page 3. KANSAN Vol. 95, No. 26 (USPS 650-640) Monday, October 1, 1984 Commissioners shun request for suburban mall By CHRIS BARBER Staff Reporter The future of a proposal for a suburban shopping mall south of Lawrence is not bright, four Lawrence city commissioners said yesterday. Delta Properties Inc., a Baltimore-based development company, filed an application Friday with the Lawrence-Douglas County Government along Iowa Street south of Armstrong Road. The 61-acre site is zoned for residential use. The proposal is to rezone the site to allow development of a 450,000-square-foot shopping mall. THE PROPOSAL GOES before the Planning Commission at its Nov 14 meeting. The Planning Commission must make either a positive or negative recommendation on the proposal The City Commission will make the final decision on the rezoning request. Stephen Adams, an Overland Park attorney representing the developer, said Delta was trying to tap a market in Lawrence. want to try to manage it. "There is a great deal of revenue being lost to Topeka and Kansas City because Lawrence doesn't have a mail." Adams said. The City Commission in November selected Town Center Venture Corp. as the developer of record for a shopping mall downtown. The commission agreed to follow Town Center Venture's plan for an enclosed store in the 600 block of Massachusetts Street. Duane Schwada, president of Town Center Venture, was out of town yesterday and could not be reached for comment on the Delta request ADAMS SAID. "WE saw a need for a mall in Lawrence, and we saw that nothing has happened on downtown lately. This isn't a speculative type of thing. We're offering something that will be built." In 1981, Lawrence city commissioners rejected a mail proposal at the same location. Commissioner Nancy Shontz said yesterday that she did not think a suburban mall would be a viable solution. "The presence of a mail on the edge of town would draw out not only shoppers, but much more people." SHONTZ CITED A 1978 proposal by Jacobs, Viscioni and Jacobs, a Cleveland firm, to build a mall in the same location. The proposal was rejected by the City Commission because it was not in line with Lawrence's plans to develop downtown. "It would suck the vitality of downtown" she said. "I don't think we should support a park." at things," he said, "but in Lawrence it's been clear that our interest is in downtown. "We've already selected a developer of record for downtown, and we have an agreement with him. This is not atty all. My feeling is that the City Commission and the Planning Commission should reject the proposal." "I WAS ELECTED to represent the city of Lawrence, and I won't do anything detrimental to the city. Amyx said, "Our information is so important to us that we call it to entire community." Commissioner Mike Amyx also said he opposed the rezoning request. Hill also said the City Commission had made it clear over the past few years that downtown was to be the focus of any small-type development. "Some things are negotiable, but the location of our development is not negotiated." Hill said. Shontz agreed that the location of the request for rezoning was its biggest problem. Commissioner David Longhurst also said the City Commission was unlikely to approve the request. "LAWRENCE HAS MADE a commitment that downtown is to be the heart of our retail shopping district," he said. Longhurst referred to Plan '95, Lawrence's comprehensive plan for future development, which says downtown is to be the center for Lawrence shopping. Mayor Ernest Angino was out of town and could not be reached for comment yesterday. cannot be reached for comment years. Longhurst said delays in downtown improvements were not uncommon in other communities. The latest proposal for Lawrence becomes part of the history of controversy over whether to build a mall downtown or on the outskirts of town. Hard-core A night of slam dancing, stage diving By DAVID LASSITER Staff Reporter The pounding of the music eased slightly, a retreat from the onslaught. In the temporary lull, bodies spun off the dance floor and into the crowd at the Lawrence Opera House Saturday night. Then the music waged a new attack, and pieces of the crowd again were swallowed by the thrashing swarm of blackness. Black Flag, a hard-core rock band from Los Angeles, played Saturday to an audience of more than 500 people at the Opera House. Hard core music is typically defined by its followers as fast, hard, angry and a lot of times politically aware. Brand said the band was worried about the amount of 'stage diving' that might go on during the performance. Stage diving is a term used by dancers to acknowledge an audience activity of jumping onto the edge of the stage and diving into the crowd of dancers. "THE BAND SAID they were received really well," said Elliot Brand, co-owner of Redline Productions, which produced the show. "They were very pleased with the way things went. They said things went smoother than the concert they did in Kansas City." "Stage jumping used to be really big on the West Coast a year and a half ago." Brand said. "Now the big thing on the West Coast is circle slamming. That's how we do it. We're slams and slams into each other, using arms, elbows, fists, heads — entire bodies." HARVEY STAFFORD. A Wichita freshman who attended the concert, said, "I guess I did a few stage dives." The audience knows that getting hurt while slam dancing or stage diving is simply part of the hard-core scene. "The thing about skanking or slamming — you know, I'm not there to make people bleed, but the music gets me so worked up that I just have to get out into the crowd and thrash around, relieve some of that tension." Stafford said. "There were some people there with the sole intent to kill. One guy on the dance floor had on a wrist band, one of those "Those are the kind of people that would slam dance to Bob Marley." DURING THE CONCERT, a bottle broke on the head of Chris Fulkerson, 16, of Wichita, as he was standing on the edge of the bleachers. The ball was apparently thrown from the balcony. "I guess it was a whiskey bottle or something. Fulkerson said "I thought I should buy this fist. But when I reached up, there were pieces of shattered glass in my hair." Stafford, who helps with security at some of the local concerts, helped the band unload its equipment Saturday. He said he got to work with and meet the members of the band that way. Stafford said that the members of Black Flag had a different intensity about themselves and their lives, especially lead singer Henry Rollins. Alex Rappoport, Manhattan sophomore said of Rollins, "Ostmage, he reminded me MONDAY MORNING of Jim Morrison — intense, the same stage presence." "With these guys there were chords involved. They didn't just get up there and play it." BLACK FLAG PLAYED most of the songs from its newest album, "Slip It In." But the band members also included some of their more popular songs from previous albums such as "Can't Decide" and "I Love You" from their "My War" album. or the trust 15 minutes they played just instrumental. It was a lot like rock'nroll or heavy-metal." Stafford said, "With this band I felt like I really got my money's worth. They travel 500 miles for each show and sleep in U-Haul vans on the road." "They were the most intense people to be around. They're not taking it easy and playing the life of luxury. "They were really nice people, too. They didn't assume the rock star's attitude, like 'We're not going to let you forget that we are stars.' " Henry Rollins, lead singer for Black Flag, performs on stage at the Lawrence Opera House. About 500 people saw the concert on Saturday night. The group, based in Los Angeles, is known for its hard-core style of music and frequently violent performances. Texan takeover resisted by tomato throwers TWIN LAKES, Colo. — Combatants armed themselves with overripe tomatoes to do battle in the finale of yesterday's third annual Twin Lakes Tomato Wars, one Coloradan's belated defense against a takeover of the state by Texans. "THIS IS NOTHING more than a defense mechanism," said Taylor Adams, owner of thelm of the Black Wolf and an organizer of the tomato wars. By United Press International "The Texans first sent their missionaries to scope out the land. Then they sent their financial advisers to instruct the real estate agents." and the rest is history. Scarcely a Colorado mountainside remains unf touched by Texans. Thus, the speaker Adams said the theme of this year's war was, "Keep Colorado beautiful; put a Texan on a bus." A man who once pitched for the Ohio State The annual skirmish was started in 1982 as a celebration of the end of the summer tourist season and has become more elaborate each year. It is sponsored by the Inn of the Black Wolf, and for his win, Greg Adams will receive a night's stay in the inn. Greg Adams, 24, a camera salesman from Aspen, Cole, led the Knights to the team title yesterday after a "duel off" that eliminated Jimmy Johnson. The contest between Coloradans and Texans University baseball team, and now chucks tomatoes for the Knights of the Round Tomato, was the lone survivor of the Twin Lakes Tomato Wars. COLORADO WON THE first war, but the Texas contingent came back last year by bringing in a one-plane air force to drop tomato juice on their doe. This year the Texans showed up in Jeeps decked out in panier mache facades to resemble tanks. Colorado scored a lopsided victory in the first round, and the 70 survivors — only four of them — ran out. Anyone hit was "killed," and the survivors kept battling each other until only Greg Adams was left. Adam was nice. "I got some tomato on my shirt, but that's just from splatters. I never got a direct hit," Greg Adams said. yesterday afternoon in duels. The soldiers would start back-to-back, take 10 paces, turn and throw. GREG ADAMS, WHO SADI he chucked 400 to 500 tomatoes during the two-day war, admitted his experience as a pitcher for the Buckeyes was a factor. "I was good," he recalled of his years at Ohio State, but he added, "I wasn't that good." The final participants had survived a guerrilla war Saturday in which contestants armed themselves with 8,000 pounds of tomatoes and spit up into about 50 teams of The Texans retreated to their "tomala lamelo" fortress in the marshy 15-acre battlefield, about 20 miles southwest of Leadville in the central Colorado Rockies, and were roundly pummeled by attacking forces. "of them were hit and refused to die," said Evergreen, Colo., photographer David Llenfest. "But if your whole chest is splattered with tomatoes, obviously you have been in. Tom Kozy, 28, a Houston insurance agent, said he had come to "to defend God's country against jealous Coloradans." "We've got God and Tom Kozy on our side," added Dan Gregory, 34, a contractor in Houston "Should be enough." While basking in the roxy glow of victory, Greg Adams confessed he probably would not eat any tomatoes "for a couple of months." he said the projectiles he used ranged from cherry tomatoes to "ones that are so rotten they just come apart in your hand ... it's like trying to throw tomato juice." Prof alleges denying aid is conflict By JOHN REIMRINGER Staff Reporter The Kansas attorney general's decision not to hire lawyers to defend nine professors and former professors in a lawsuit involved a conflict of interest, the president of the KU chapter of a national professors' group said yesterday. The attorney general's office said Friday that it would not hire counsel to defend nine of the 11 current and former professors and administrators named in a suit brought by two former students. The students allege that the defendants harassed them. The attorney general decided to hire lawyers for only two of the defendants. SUH SHAPIRO, PRESIDENT of the KU chapter of the American Association of University Professors, said a conflict of interest arose because Bruce Miller, a deputy attorney general in charge of the investigation that lead to Friday's decision, represented a professor in a 1800 suit brought by one of the defendants in the current suit. "We think that the investigation that led to the decision was procedurally irregular," said Shapiro, professor of law. "Miller has a clear conflict of interest." Miller declined to comment last night. The roots of the case lie in complaints filed in 1977 by Elizabeth Murray and Nancy Sempolski, who then were graduate students. The complaints alleged that Michael Crawford, professor of anthropology, engaged in improper research methods and medical procedures while doing genetic research in Belize. Shapiro said that he thought the decision would encourage harassment lawsuits and that it was a direct infringement on academic freedom. In 1980, Crawford brought a libel suit against Murray. Mempolski; Henry Lundsgaarde, professor of anthropology; and Janie Scott, former KU professor That trial ended in a hung jury in Douglas County District Court. THE STUDENTS ALSO charged that Crawford had mishandled federal funds on his 1976 trip to the Central American country in Panama, where he ordered and ordered to repay some of the funds. Miller represented Lundsgaarde in that suit. On Sept. 12, Murray and Sempolski filed suit in United States District Court in Topeka. The suit charges the 11 professors and administrators with harassment and asks that Murray and Sempolski each receive more than $1.35 million in actual damages and more than $5.35 million in punitive damages. THE ATTORNEY GENERAL'S office acted under provisions of the Kansas Tort Claims Act to defend Lundsgaarde in the 1800 libel suit brought by Crawford. The act allows the state to be sued and also provides for the defense of state employees with certain exceptions. The exceptions are: if the employee being sued acted outside the scope of his job, if the employee acted because of fraud or malice, if defending the employee would cause a conflict of interest between the government and the employee or if the employee does not request counsel within 15 days of notification of the case. Shapiro said the attorney general's office had admitted that because of its previous defense of Lundsgaard against Crawford. See SUIT, p. 5, col. 1