The Carolinian [April 5, 1979]

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Permit No. 30
April 5.1179 Volume I VIII Number 47 The University of North Carolina at Greensboro Please Call Our Hotline: 379-5041
ARA Agrees to Pay
$300,000 in Penalties
By WILLIAM HOLDEN
News Editor
A suit filed in U.S. District Court
in Saint Louis in November of 1977
charging ARA Services Inc. with
making illegal acquisitions has been
recently resolved with ARA
agreeing to pay a $300,000 penalty,
according to the Justice Dept.
ARA was charged with violating a
1973 Federal Trade Commission
regulation which prohibits com-
Bella Abzug
to Answer
Questions
Bella Abzug will hold a Question
& Answer Session, April 9 from
3:30-4:30 in 106 Graham Building.
It is open to all students and
faculty.
panies from acquiring
periodical wholesalers without the
approval of the FTC. Periodical
wholesalers were contracted by
ARA in Kansas City, New Orleans,
and St. Louis in 1976 before seeking
FTC approval.
A spokesman for ARA at its
headquarters in Philadelphia said
the settlement was agreed upon
because the penalty was less than the
expenses the company would incur
had they decided to fight the issue in
court. His statement on the issue
was "We agreed to the settlement
once we were satisfied that we could
continue to compete effectively in
the three cities around which the
dispute centered."
In addition to the $300,000 fine.
ARA Services was also required to
give up business with thirty-five per-cent
of the customers it gained
through these dealings, and to divest
itself of assets acquired while
trading with these wholesalers.
There is also an unspecified
penalty designed to keep ARA from
making an inadvertent profit
through these illegal acquisitions.
Dr. Pauli Murray Chosen
For Commencement Speaker
Dr. Pauli Murray
Dr. Pauli Murray, attorney,
educator, author and one of the first
women to be regularly ordained an
Episcopalian priest, has been selec-ted
to speak at the 1979 UNC-G
Commencement ceremony to be
held Sunday, May 13 at the
coliseum.
Her maternal grandfather, one of
the first six students at Ashmun In-stitute,
later to become Lincoln
University, came to North Carolina
in 1869 to teach-Negro, freedmen,
married and settled in the state.
Her maternal grandmother and
mother were natives of Orange
County. Born in Baltimore in 1910,
where her father was a principal in
the Baltimore city school system.
Dr. Murray spent her childhood in
Durham, N.C. where she received
her elementary and secondary
school education. She obtained the
A.B. degree from Hunter College in
1933, and L.L.B.(law) degree from
Howard University in 1944. She also
received the L.L.M. degree from the
Calls Special Meeting
Senate Fails to Meet Quorum
By TERESA BRITTIAN
Staff Writer
After waiting over 45 minutes in
an effort to reach quorum, then
failing to do so, the Senate voted
Tuesday night to adjorn, and left
some important business unatten-ded
to.
At the top of the list was a special
SG allotment to be approved for
Spring Fling activities. Since time is
short, it was necessary to have funds
granted Tuesday night. Another
pressing item was an allotment to be
voted on for the Circle K Club so
that they could attend the Carolinas
District Convention in Charlotte
this weekend. Also the College
Council was to have reported to the
Disabled Students Start Suing Schools
(CPS)— It was the last straw for
Seattle University student Dale
Jones. Earlier this year, he had
driven up to the "handicapped
parking only" space near his
classroom, and found it once again
occupied by an unauthorized car.
Jones was steamed. The 27-year-old
junior, who was paralyzed from
the waist down by an automobile
accident in 1971, had already missed
several classes due to handicapped
parking violations. When "constant
contact" with administrators had
brought no changes, Jones filed suit
against SU for non-enforcement of
parking rules.
Jones asked for $25-$15.25 for a
tuition refund for the missed classes
and $9.75 for his loss of time and
inconvenience-and lost in Seattle
small claims court. The judge, ac-cording
to the SU Spectator, said
SU wasn't liable because "they are
only required to do the best they
can."
Although the SU security staff
has offered to assist Jones and other
disabled students in parking, Jones
says he's still "very angry about this
situation" and that he's "not going
to let this (the unfavorable decision)
stop him."
Jones isn't the only angry
disabled student. In the past year, a
rash of lawsuits have been brought
by disabled students frustrated by
(he lack of enforcement of anti-discrimination
laws. For many, the
courts seem the only alternative to
make Section 504 of the
Rehabilitation Act of 1973--
"programs or activities receiving
federal aid may not discriminate
against otherwise qualified han-dicapped
individuals" -mean what
it says.
In the six years since passage,
"504" has mandated that schools,
hospitals and other federally-aided
institutions make their programs
available to people not only in
wheelchairs, but with physical
disabilities like deafness and blin-dness,
and even some learning
disabilities.
But implementation has been
slow. It took until 1975 to work out
the particulars of stemming
discrimination against the disabled,
and then three more years were set
aside for institutions to work out the
mechanics, with a "deadline" of
June,1980.
Many schools, of course, are
making progress. But for individual
students, stymied by inaction of
their particular school, the "full
educational opportunity" promised
by 504 can't wait for such gradual
progress. Consequently, lawsuits
are more frequently filed.
In the first case involved disabled
rights to reach the Supreme Court,
Frances Davis is suing Southeastern
Community College in North
Carolina because administrators
would not admit her into the
registered nursing program. Davis
has been a licensed practical nurse
for 12 years, and is academically
qualified to enter the RN program.
But because of a hearing im-pediment,
she can communicate
with others only when she wears a
hearing aid and looks directly at the
speaker to read lips.
Davis first sued to enter the
program in 1974, when the school
said that her handicap would make
her incapable of performing such
duties as aiding in operations when
surgical masks are worn. A district
dismissed the case at the time, but
an appeals court ruled Southeastern
had violated 504, and told it to
modify the program to accommodate
her disability. Davis' lawyers say she
could perform satisfactorily in a
variety of situations, including a
doctor's office or in an industry
post ion. The Supreme Court case
will be argued next month.
University of Texas student
Walter Camenisch. who is deaf, has
sued his school for not providing an
interpreter. 504 specifically provides
that educational and social
programs should provide "auxiliary
aids" like interpreters and readers
for the blind.
The school, however, contends
taht Camenisch's deafness does not
necessarily qualify him as a member
of the class protected by 504 because
he has the ability to pay for an in-terpreter.
Also at UT, students belonging to
a campus disabled-rights group have
sued the university because the
school's shuttle buses aren't
wheelchair accessible. Members of
Mobility Impaired Grapple Hurdles
Together (MIGHT) say the 100-plus
students in wheelchairs at UT-Austin
want "a comparable system
to what students at other campuses
have" where some buses are equip-ped
with lifts. The case is pending.
A suit filed by a State University
of New York-Buffalo law student
Mary Gott asks that the school
make concessions to help her get her
degree. Gott says she has a "specific
learning ability" that makes it dif-ficult
for her to understand complex
oral statements, and makes her
easily distracted by noise. Her suit
asks that she be given additional
time for exams, and be allowed to
take them in a quiet room with an
English dictionary.
Such suits have many higher
education officials worried. One
group, the American Council on
Education, fears there will be a
"host of new lawsuits against
colleges and universities" resulting
in a "serious depletion of resour-ces...
which might better be used in
meeting educational objectives."
Some administrators at school
where suits have been filed are
arguing that anti-discrimination
measures can be carried too far. The
University of Texas filed such
rrimeam Let* aleys the War l-ord white
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Archer cuvers her a* they prepare for SleSar C— IV
protests in a motion to dismiss the
suit over accessible buses. They
protest that "next, the plaintiff may
insist they be furnished wheel chairs
by the defendants. Next, perhaps,
they will assert that an attendant is
required to manage the wheel
chair...or provide emergency
medical care attendants."
Southeastern's argument against
admitting Frances Davis parallels
that contention. Under the court's
reading of 504, it protested, "a
blind person possessing all the
qualifications for driving a bus ex-cept
sight could be said to be
'otherwise qualified' for the job of
driving."
But others, including lawyers for
the National Association of the
Deaf, say such thinking "distorts"
the impact of the suits and the intent
of 504.
Nonetheless, schools are further
arguing that 504's wording doesn't
provide for a private.right to sue.
The University of Texas, in fact,
filed a countersuit against 504's
parent agency, the Department of
Health, Education and Welfare, for
that reason. UT's suit states that
HEW "has no authority or power to
enact regulations or enforce
provisions" of 504. It also says that
the bus system at issue receives no
federal support, and so does not fall
under 504.
Many administrators are clearly
perturbed at the prospect of
providing additional services for
disabled students. Most cite money
as the prime barrier. UT president
Lorene Rogers said that putting
wheelchair lifts on shuttle buses
could cost SI .4 million.
But disabled students are coun-tering
that no all buses, buildings or
programs need to be changed im-mediately.
Jim Bennett of the Office
of Civil Rights, which is responsible
for 504's implementation, concurs
that large expenses are often un-justly
anticipated.
Bennett said that feedback from
colleges and universities show that
creating accessibility is "not
anywhere as expensive" as many sc-hools
had feared. He said schools
have funded accessibility through
money from state vocational
rehabilitation agencies, and
through state and local support.
Senate. A special meeting has been
called for Thursday night to deal
with these items. It will be held at
7:00 p.m. in the Presby House.
Recognizing that Senate atten-dance
is not what it should be,
Kevin Yow, Chairman of the
Legislative Committee, said that his
group is working to "revamp the
Senate system to improve par-ticipation."
He hopes that an effort
in this direction will lead to better
Senate attendance. Senate President
John Cecil added that he is in the
process of changing the house rules
pertaining to the attendance and
quorum.
University of California at Berkeley
in 1945, and the J.S.D. from the
Yale University Law School in 1965.
In 1976 Dr. Murray received a
master's in divinity from General
Theological Seminary in New York.
From 1968 to 1973 Dr. Murray
served as Louis Stulberg Professor
of Law and Politics at Brandeis
University and was Lecturer in Law
at Boston University School of Law
in 1972. In 1967-68 she was Vice
President of Educational Plans and
Programs at Benedict College, S.C.,
and in 1966-67 was a consultant to
the Equal Employment Opportunity
Commission in Washington, D.C.
In 1962-63 she was a member of the
Committee on Civil and Political
Rights of the President's Com-mission
on the Status of Women.
She taught at the Ghana Law School
in Africa in 1960 and 1961. Dr.
Murray held a private law practice
in New York from 1948 to 1960.
The author and co-author of
several books. Dr. Murray has writ-ten
numerous articles and
monographs on law, racial and
sexual equality, and theology. She
has served on many national and in-ternational
forums on human
rights, and is the recipient of a
number of awards and over 20
honorary degrees from such in-stitutions
as Dartmouth College,
University of Florida, and Radclif-fe
College.
Woman President Elected
by UNC-G Jaycees
The UNC-G Jaycees held their
annual elections for new officers
and Board of Directors this past
Tuesday evening. Tami Miller was
elected as the first woman president
of the group, taking over the
position held by John Crawford
this year. In other results, Sycd
Pasha was elected vice president,
Wendy Banner as secretary, Ginnie
Gardiner as treasurer, and Fran
Sciolino as state director.
In a newly created position, John
Crawford was elected as Director of
the Board. The members elected at
large for Board positions were Lisa
Davis, Donnie Hamilton, Mayumi
Patience, and Greg Scotton.
The Jaycees are winding down
another successful year with run-ning
a concession stand at the GGO,
an Easter Beach Trip, I and their an-nual
banquet. At the present time,
they are very close to again
becoming the No. 1 collegiate North
Carolina Jaycee Chapter as they
were during their charter year under
the leadership of Ray Haupt.
The Jaycees meet every Tuesday
night at 7:00 p.m. in the Claxton
Room of EUC. Interested students
are urged to participate.
Banquet Hosts
Guest Speaker
And Guitarist
Index
Editorial 2
One on the Aisle 3
What's On 3
Comics 5
Sports 6-7
Etceteras .8
The Elliott University Council has
announced the date of (he Annual
Awards Banquet. The banquet is
held to recognize the work and in
terest of those students involved in
various student organizations, in-cluding
members of Student Govcr-nment,
the university media and
captains of varsity athletic teams
The speaker for the banquet will
be Dr. C Shaw Smith, activities
director at Davidson College and
member of the American Commute
of University Instructors.
Entertainment will be provided by
guitarist Cy Timmons. to be
followed by the presentation of
honors and awards and a film
review of the 1979-80 school year.
News Briefs
PAKISTAN-Former Pakistani
Prime Minister was hanged yester-day
in the country's central jail for
political crimes and for having a
political enemy killed in 1974.
Current President Mohammed
Zia Ul-Haq refused to consider
pleas from foreign officials to .pare
Bhutto and his co-defendants lives.
Attempts by Bhutto's attorneys to
have the case retried and reviewed
were rejected by the Pakistani
Supreme Court, the last two legal
channels available to him.
Bhutto ruled Pakistan from 1971
through 1977, a time of urife and
civil unrest in that nation
WASHINGTON. D.C- President
Carter's wage and price insurance
proposal has been hit hard by the
Congress, which voted to deiete 2.5
million dollars from the budgeting
for the program next year.
The program was designed to
benefit businesses who have
cooperated with ( M inflation
fighting policy of keeping raises
down to 7 percent annuails
This proposal was a keystone in
Carter's campaign against inflation.
and now it appear*, in the words of
'The vote kills all
for the reduction of in
flation rate this year
HARRISBURG. PA Officials
Tuesday said thai the danger of a
gas explosion inside the react <
the nuclear plant here had passed
and thai life for the areas **)•««
residents could return to norm*
shortly
Tests showed for the r.ru ...m
small traces of radiation taken
animals in the area Th» has r*cwn
pted Governor Richard rhornbura
to suggest thai nregwaai women and
small children leave ihe rnir* icm
poraril>