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THE RED AND BLACK
Georgia's only collegiate daily newspaper
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VOLUME HO. Nl’MBUR 42
THE UNIVERSITY OF GEORGIA. ATHENS. GEORGIA MM2
WEDNESDAY. NOVEMBER 14. 1973
Students sue University
on residency requirement
(XHIBIT A
to
THI UNIVERSITY Of GEORGIA miPtNCt HAU CONTRACT
By KEN EEKINS
and RON GRIZZLE
Five University students are filing a
suit against the housing policies of the
University in the North Georgia Federal
District Court in Atlanta. The suit seeks
to overturn the freshman residency
requirement at the University.
The student plaintiffs are Robert
Henderson. Susan Hoban. Tom Katzen-
meyer, Carol McClung and Peter (Juist.
‘‘The suit is based on the denial of legal
rights to which the plaintiffs, as legal
adults, are entitled." according to a press
release filed by the plaintiffs The suit
alleges that the University cannot require
adult students to live on campus.
Student (government President Steve
Patrick who is supporting the suit said
that the suit does not attack the contract
that is required of dormitory residents.
However, according to Mary Joyce
Johnson, attorney for the five students,
the suit will attack the contract as well
as the policies of the University that
regulate the housing on campus
The suit named the Board of Regents.
University President Fred Davison and
Dwight Douglas, director of housing for
the University, as defendants in the case.
The suit seeks a declaration of the
plaintiff's rights" while on the University
campus, said Johnson.
Johnson said the suit also attacks the
rider on the state’s age of majority law
that exempts the University System from
its confines. The rider says the law will
not restrict the University System from
making rules and regulations for the
operation of the system
AT LEAST TWO of the students filing
the suit. Hoban and Katzenmeyer, have
received warnings that their academic
records will be “flagged" if they fail to
move into a dormitory on campus
The press release* said that “There is
an economic incentive for the University
to require freshmen students to live in
and pay for the dormitories.” This
incentive is. according to the release, the
necessity for the University to pay for the
dormitories “with money collected from
dormitory rent."
The students believe that the success of
the suit will bring a “subsequent im
provement in the quality of dormitory
living" by forcing the University to
compete with the off-campus residences
for occupants.
The students expect the University will
claim that dormitory living is part of the
“educational value and part of the
educational process."
According to Patrick this is not the
case
“A STUDENT CAN liv<* off campus, if
he pays the dormitory rent to the
University." said McClung.
“I think this points out the emphasis on
paying for the dormitories as opposed to
the University’s claims that there is an
educational benefit in dormitory living.”
Patrick said
The executive branch of the SGA is
behind the suit and will be helping in
raising the money to support the suit,
Patrick said, emphasizing that the SGA
Regents consider
WGST sale, low dean
By MITCHELL SHIELDS
Stale rdih.i
If things go as expected in Atlanta
today, the Board of Regents will:
1) Consider the sale of Georgia Tech s
commercial station. WGST. to the Mere
dith Corp. of Des Moines, Iowa.
2) Consider the appointment of Dr.
Neill H Alford of the University of
Virginia as the new Dean of the
University School of Law.
3) Consider a new system wide resi
dency requirement that will make it
easier for out-of-state students to obtain
in state status when enrolling in units of
the University system.
THE WAY WAS cleared for the $5
million sale of WGST last week when
Governor Jimmy Carter withdrew his
opposition to the transaction. Carter, a
Tech graduate, had earlier stated he
might stop the sale of WGST because of a
fear among Tech alumni that the new
owners of the station would not broadcast
Tech football and basketball games and
thus hurt the institution's athletic pro
gram
However, last Thursday following a
deliberation he termed "one ot the
hardest decisions of my life" Carter
withdrew all objections to the sale and
agreed to abide by the Regents' decision.
He said one of the reasons for his
decision was Meredith’s agreement to
carry the games for the next five years
with an option to continue the broadcasts
longer.
David Tisinger. chairman of the Re
gents' committee on WGST. said the only
obstacle remaining to the sale was FCC
approval, and no problem is anticipated
thin
THE APPOINTMENT of Alford to head
the law school will end an approximately
year long search for a successor to Dr.
Lindsay C’owen. who resigned the position
in 1972'
Alford, who is a Dougherty Foundation
Professor of Law at the University of
Virginia at Charlottesville, is expected to
assume his new duties at the University
next July He will replace acting dean
James R Baird at that time
The new residency policy will come out
of the Regents’ education committee and
give a specific series of steps that an out
of state student may follow to become an
in state student.
The policy is expected to state that any
student that has lived in the state of
Georgia for 12 months prior to registra
tion and has indicated a desire for
residency by working in Georgia, submit
ting a Georgia tax return, registering a
car in Georgia or voting in Georgia,
among other things, can register as an in
state student and pay in state tuition.
THE NEW POLICY is different from
the old in that, under the old policy, a
student was effectively barred from
becoming a resident because he was
required to have lived in Georgia for
twelve months not including time enrolled
at a unit of the University system. Under
the new policy time spent as a student
will count toward fulfilling the residency
requirement
The policy change has come about as
the result of a recent Supreme Court
ruling where it was stated that, although
a state may require differing fees of in
state and out of state students, it must
set up a program whereby a student can
become a resident
The court also ruled that residency
requirements for students cannot be
more stringent than residency require
ments for any other segment of the
population
According to the Regents' office some
schools have already begun following the
new policy.
Photo by DAVID BRESLAUER
Sales not affected yet
According to spokesmen at three automobile dealerships in
Athens, the energy crisis has not yet affected sales, though
there are indications of a move toward smaller cars
Athens Lincoln-Mercury contends that they are selling just
as many Continentals and Mark IV's as they were this time
last year. However, one employe said they expect economy
car sales to climb if the shortage continues
A representative of Heyward Allen Motor Company agreed,
saying Cadillac? the self proclaimed automobile standard of
the world, are continuing to sell at a steady rate but would
decline if compensations for shortages could not be found
Paul Brown of Clarke County Motors said Volkswagen sales
have not been altered by the crisis despite the fact more
people than ever are looking around If the shortages last.
Brown expects VW sales to rise 15 percent within the next 30
to 90 days
Smaller, more economical cars is one way to fight
shortages Gas rationing similar to the World War II methods
is another alternative the Nixon Administration is seriously
considering
There has been speculation that such rationing might take
the form of an allocation of 15 gallons per week for each
automobile with special allowances depending on occupation
There might also be cash rebates for unused coupons
Nixon is also said to be pondering a five to forty cents tax
on each gallon of gas in hopes of reducing usage
is not filing the suit or paying for any of
the legal services.
According to Katzenmeyer. “friends"
of the five students have payed for some
of the legal costs. None of the five filing
the suit have paid for legal services, he
said
The students said in a press conference
Tuesday that they felt that the suit,
which names the Board of Regents of the
University System as a defendant, would
hopefully benefit not only the five
students, but all the students living in the
dorm.
However, due to the basis of the suit,
the age of majority law in Georgia, the
litigation will not apply to students who
are under 18-years-old. The age of
majority law in Georgia establishes 18
years as the age when a person can be
held accountable for his actions in legal
matters.
According to Katzenmeyer. a sopho
more, he is involved in the suit because
he received a letter from the University
saying that he owed the University for
the summer quarter dormitory. Katzen
meyer said he lived off campus summer
quarter while the sophomore residency
requirement was still in effect.
"THEY JUST WANT my money, they
are not concerned with the educational
value of dormitory living," Katzenmeyer
said.
He said his appeal of the University's
charge that he owes them for the
quarter’s room rent went through the
Faculty Committee on Student Affairs,
the University Council and University
President Fred Davison's office.
Katzenmeyer said that he “was in
formed it would not be in order" for him
to appeal Davison's decision to the Board
of Regents
The suit will be a “class action" suit
This means the results of the suit will
affect all of the 18-year-old freshmen
entering the University.
U.S. court
petitioned
by theater
By ANTHONY IIEALY
City editor
An attorney for the Athens Paris Adult
Theatre plans to file a petition with the
United States Supreme Court soon in the
latest step in a prolonged battle to keep
Athens from revoking the theatre's
business license.
Attorney R Bruce Lowry will claim in
the high court suit that Athens has no
right to revoke the business license of the
movie house that shows allegedly obscene
films
Claiming a Georgia law that prevents
issuing licenses to pornographic movie
housese less than 300 feet from churches
is “discriminatory.” Lowry hopes the
suit will reverse an unfavorable decision
by the Fifth Circuit Court of Appeals in
New Orleans
That federal court upheld lower court
decisions which supported the city's
attempts to revoke the theatre’s license
Lowry had claimed the city acted as a
court when it attempted to determine
whether to recall the Paris’ license
MEANWHILE. STATE COURT Solici
tor Ken Stula expects a retrial by
mid-December on a suit in State Court
charging the theatre with showing alle
gedly obscene films An early October
trial ended in a hung jury
The earlier obscenity trial followed a
U S Supreme Court ruling that local
communities could determine their own
standards of what is obscene Officials
had hoped to test local definitions in the
three-day trial.
Charges against the Paris Adult Thea
tre stemmed from two raids police
conducted in April 1971 Law enforcement
officers said they collected allegedly
obscene material at the movie house at
140 W ashington
ATHENS POLICE charged six men
associated with the theatre on three
counts of distributing obscene material
Prosecutor Stula named Bobby Jemigan,
Alphonso Johnson. Stephen Hess Philip
Fishman. Charles Smith and Samuel
Cochran as defendants
After the jury heard prosecution and
defense arguments and saw the films in
question, it failed to come up with a
verdict or a definition of local standards
The retrial may define those standards
under a new jury in the seme court under
State Judge Grady C Pittard
Photo by DAVID BRESLAUER
UNIVERSITY HOUSING CONTRACT
Freshman dorm requirement challenged in suit
Defendants favor
another appea
By LAURIE GREGORY
Assistant news editor
Two members of the Athens Eight said
in an interview yesterday that they are in
favor of appealing to the United States
Supreme Court the Georgia Supreme
Court ruling upholding their conviction
by the Clarke County State Court
A final decision on the appeal to the
Supreme Court will be reached when the
eight meet with their Athens lawyers.
James W'arnes and Alan Alexander, on
Thursday
"Finances will have a major effect on
whether we go further." said David
Alonso, one of the group of seven
students and one former faculty member
who were convicted of criminal trespass
charges last February by the Clarke
County Court. The charges stemmed
from a May 1972. sit-in at the office of
President Fred Davison to protest housing
policies
"It is important that we go further and
that we be found innocent,” continued
Alonso “If the statute can be used by the
Administration as they used it that day
it will have a chilling effect on dissent."
he added
ALONSO INDICATED that the issue <>f
the guilt or innocence of the Athens Eight
of criminal trespass was vital to the
future of dissent on college campuses If
it was not an important issue the
administration would not push it." Alonso
said “The reason they are pushing it is
because they want to maintain control."
he continued
Alonso said that he felt that the eight
would receive a fairer trial from the U.S
Supreme Court than a Georgia Court
“The farther up you go in the federal
court system the more liberal and
courageous the judges are." he said,
noting, ‘‘you’ve got to have a judge
courageous enough to say that the law is
on your side ”
Alonso said that he felt that the efforts
of the Athens Eight have been “worth
it" “The action that happened that day
is important and a factor in any progress
that is made here." he said
There must be people who will
challenge the status quo for any change
to be effected, and we were a factor in
changing the attitudes of the administra
tion on housing." he said
STEVE I.ETZSCH. another of the
eight, said "Most people are of the
opinion that we'll go ahead with it
What we re talking about is principles,
and we were forced to do it." he added
Letzsch did not express confidence in
any facet of the judicial system “Th*
judge that tried us was biased and the
witnesses conspired to tell deliberate lies
and to misrepresent the facts The
Georgia Supreme Court is no better than
the local court. ' he said He also charged
that the Gedrgia Supreme Court is
"upholding crooks and keeping crooks in
power "
Whatevci that Supreme Court does,
does not prove that the system is good —
it proves that we’ve overcome all the
detriments of the system," Letzsch said
“We have a chance of winning, but I’m
not too confident," he added
You can t expect to get a fairer
hearing from the Supreme Court when
Nixon has packed the court with people
who have the same opinion that he does "
Capsule News
Harry Chapin concert
Student tickets for the Union-sponsored Harry Chapin concert may be picked up
at the Information Booth in Memorial through Monday Chapin will give two
performances (7 and 9:45 pm i on Monday in the Fine Arts auditorium General
admission tickets are $4 and may be purchased at the Information Booth
Hotline correction
The number for the 24 hour mental health "hot line ' is 21162. not 2-1261 as was
printed in y. Mi rd.i; '* Red and Black