10
Wednesday, September 17, 1986 / University Daily Kansan
Appeal overturns fraternity decision
United Press International
KANSAS CITY, Mo. — A state appeals court yesterday reversed a decision that gave a $181,250 award to the parents of a Northeast Missouri State University student who died as a result of drinking too much liquor at a fraternity party.
In a 2-1 decision, the Missouri Court of Appeals of the Western District ruled the facts showed it was the consumption of the liquor and not the furnishing of it that caused the death of David Andres in December 1979.
"It means nothing will change. I am just heartbroken over this," said Joan Andres, David's mother, from her suburban St. Louis home of Woodson Terrace. "There are other people in David's condition. In order to be accepted, they have to feel like they are in with the crowd."
David Andres was a 19-year-old sophomore who was a member of the Alpha Kappa Lambda fraternity. He attended a party at the fraternity house in Kirksville on the evening of Dec. 11, 1979, where evidence indicated that he drank until he was drunk.
After 1 a.m. on Dec. 12, Andres was placed on the floor in the TV room of the fraternity house on his stomach and was given a pillow and a blanket. He sat up and talked to a few people for about 15 minutes before lying down. Fraternity members also checked on him about an hour later.
A member who checked Andres the next morning found him dead. A physician said that the death was caused by acute intoxication and that Andres' blood was found to have a 0.43 percent alcohol content.
An Adair County Circuit Court jury found that the local chapter and the national fraternity organization were negligent and David Andres' parents, Joan and Frank Andres, were given the award.
The court said declaring liability in the social-host situation should be left to the Legislature.
"While the fraternity-member relationship is not the same as the social host-guest relationship, the fraternity is more analogous to the social host than to the seller of liquor," the majority opinion said.
"That is not to say that this court is unaware or insensitive to the heartbreak and tragedy which results from overindulgence in intoxicating liquor.
"However, the Legislature is fully aware of the problem, and the answer to tragedies such as this must come from the legislative branch."
In his dissenting opinion, Judge Don W. Kennedy said he would find only the local fraternity liable.
"Is it too much to expect of this fraternity and others similarly situated that they observe standards of reasonable care in the dispensation of intoxicants?" Kennedy wrote in his dissent.
United Press International
WASHINGTON — The Federal Communications Commission, reversing its stand on policies it has upheld since the 1970s, said yesterday that granting preferences to minorities and women seeking broadcast licenses was unconstitutional.
FCC reverses policy on minorities, women
The agency, in a surprise move, said it planned to reconsider the 1973 and 1978 policies that have led many applicants for radio and TV licenses to include station owners who are women and minorities.
The statement brought quick criticism from minority groups, including the Black Media Coalition, whose director, Pluria Marshall, called it "a typical, red-neck FCC action under (Chairman) Mark Fowler."
Kathy Bonk of the National Organization of Women's Legal Defense Fund said it was "a direct slap in the face to those of us who have given our lives to integrate women and minorities into this industry."
"The FCC has taken decades of work and thrown it out the window with total disregard to good public policy," she said, vowing that NOW would follow the fight to the Supreme Court if necessary.
There is no factual basis to believe that such strong medicine as race- or gender-conscious licensing preferences are essential to achievement of the policy goal — in this case,
"The commission's preference scheme ... fails to pass constitutional muster" partly because there has been no record of past discrimination. FCC lawyers said in a court brief that was made public late Monday.
Radio station organizes 'Roll Aid' benefit
United Press International
school with their children.
MOBILE, Ala. — A radio station trying to save students the embarrassment of having to carry their own toilet paper to school has organized a new benefit — Roll Aid.
WKRG in Mobile came up with the idea after the financially strapped Mobile County school board asked parents to send janitorial supplies, paper towels and toilet paper to
The station, which received pledges for 516 rolls in the first three hours of the benefit yesterday, plans to collect the toilet paper and give it to the school system.
"We want to spare our children the embarrassment of having to walk to school with toilet paper in their hands," said Dick Hilton, program director for WKRG.
superintendent, said the austerity measures were necessary because the school system faces a $5 million deficit in this year's budget and a possible $10 million deficit next year.
Jerry Benson, associate school
The Alabama Legislature is meeting in a special session this week to look for ways to resolve the budget crisis in the state's educational system and the state's social agencies.
Jayhawk Triathlon
Sunday, September 21, 1986
3/4 km. Swim, 20 km. Bike Ride, 5 km.Run
*Entries Due 5:00 p.m. Wed., Sept. 17
*Sponsored by KU Recreation Services Rm.208 Robinson
Questions? Call 864-3546
842-1212
Southern Hills Mall·1601 W. 23rd
MENU WE FEATURE THE UNIVERSAL SIZE PIZZA- 10 INCHES, & SLICES FEED ONE TO TWO PEOPLE 1 PIZZA Our Small 2 PIZZAS Our Medium 3 PIZZAS Our Large
STANDARD A HAND FASHIONED CRUST WITH A GENEROUS TOPPING OF TOMATO SAUCE AND CHIPS THE ENGINEERED LASTING POINT FOR YOUR FAVORITE COMBINATION CHEESE $400 $700 $900 EACH ADDITIONAL PIZZA *2^{20}$
ALL TOPPINGS 50¢ PER TOPPING PER PIZZA
switched sides in the issue.
increasing the diversity of broadcast programming."
The FCC concluded it had overstepped its legal authority by promulgating the preference policies.
The brief was filed in a case involving an FM radio license the FCC awarded to Dale Bell in St. Simons Island, Ga., primarily because she was a woman. James Steele also wanted the license and challenged the award, saying that Bell was acting as a front for her husband and
A federal appeals court overturned the license decision in August 1985 and questioned the legality of gender preferences, at which point Bell's lawyer and a host of women's groups asked for a review, leading to the filling of many additional briefs in the case.
father.
In its filing, the FCC asked the court to remand the case to the agency for further consideration. If the case is retried, however, the FCC has
In 1973, the agency decided to give special weight to minorities if all applicants for a specific broadcast license were generally equal in other respects. Five years later, the FCC extended the preference to include women, but that decision never became a formal rule.
In a statement, the FCC said had if never adequately addressed the constitutional issues surrounding racial and gender preferences.
DRESS FOR SUCCESS.
As a Navy officer, pride and professionalism come with the territory. You also develop the potential that Navy officers have in ship experience that builds success
women committed to being the best
In operations and management, in scientific and technical fields, you work with highly talented men and
To qualify, you must be a U.S. citizen no more than 28 years old. have a BAR BS degree, and pass an aptitude test and physical exam. Get a leadership and management opportunity that makes a big difference in any career. Call Navy Management Programs: 1-800-821-5110
Your Navy Representative will be on campus at the Business Career Fair September 18, 1986 and in the Placement Office September 19.
NAVY OFFICER.
LEADTHE ADVENTURE.
TONIGHT-
don't miss
JOHNNY RENO
& THE SAX MANIACS
appearing friday and saturday Not The Glen Miller Band
Open Saturday After The Game
Cogburns
737 New Hampshire