Oregon daily emerald. (Eugene, Or.) 1920-2012, August 02, 1977, Page 8, Image 8

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15th & Willamette
342-8111
Suspected shoplifter injures
University bookstore guard
By JOCK HATFIELD
Of the Emerald
A University Bookstore undercover guard
was knocked unconscious Wednesday after
attempting to apprehend an alleged shoplifter.
The security guard, Daniel Dehaven, was
transported to Sacred Heart General Hospital,
treated for chipped teeth, and released. The
alleged shoplifter, a 16-year-old University
member of the Upward Bound program, re
mains in custody of Lane County Juvenile au
thorities.
The incident occurred Wednesday morning
at 10:40, after another security guard, Paul
Rubenstein, allegedly saw the youth stuff a
pair of socks in his waistband. Rubenstein fol
lowed the youth and his five companions out of
the store, calling to Dehaven who was up
stairs, for help. The guards confronted the
youths in front of Condon Hall.
“Paul was talking to them, and the guy took a
swing at him,” recalls Dehaven. “I then tackled
the guy, and we fell into the bushes.” One of
the youth’s five companions then approached
Dehaven, saying, “I’ve got a gun.”
“I wasn't going to take any chances, so I let
the guy up,” said Dehaven. As the guards at
tempted to return to the store, the same youth
that had allegedly stolen the socks swung at
Dehaven. “He (Dehaven) was lying uncon
scious, and there was blood all over,” com
mented one eye-witness. “He hit me in the
face, and the next thing I remember I was in the
ambulance,” said Dehaven.
Bookstore Manager James Williams com
mended the guards on their actions. "They
used good judgment in getting away from an
incident that was getting out of hand,” he said.
The bookstore regularly employs two plain
clothed security guards to patrol the aisles. If a
customer is spotted shoplifting merchandise,
the guards are instructed to follow him outside
the store, where they identify themselves.
Shoplifters, according to Dehaven, usually re
spond peacefully.
They are taken inside the bookstore, inter
viewed and turned over to the police. The
bookstore loses over $40,000 in merchandise
to shoplifters every year, and apprehends
about 125 violators yearly.
Williams admits that the present system re
covers very little of the lost merchandise; many
of those apprehended take items costing less
than 50 cents. "But it is the deterrent factor,”
explained Williams. "The knowledge that the
guards are there keeps shoplifting down.”
Students convicted of shoplifting have served
jail sentences up to four days.
The youth arrested in the recent incident
was charged with robbery too. His five com
panions were not arrested. "We are sorry that
a small incident was escalated into a far grea
ter one,” said Williams.
Williams says he plans no policy changes
because of the incident. "It was an unfortunate
situation,” said Williams. "It was unusual and
we don’t expect it to happen again.”
Dehaven finished his last day of work at the
bookstore Friday. Williams said Dehaven had
planned to leave prior to the incident.
Commissioners vote against
nudity ordinance exceptions
ByE.G. WHITE-SWIFT
Of the Emerald
Proponents of skinny-dipping have had their day
in county court and have lost.
The 43,000 Lane County residents who voted
last November against a ban on public nudity will not
be allowed any areas in which to bare their bodies to
the sun. Lane County’s commissioners voted not to
allow any exceptions to the anti-nudity ordinance,
forcing sun and water worshippers to become clan
destine, skinny-dipping criminals.
The ordinance, which was put on last
November's general election ballot following an in
itiative petition drive led by Rep. Bill Rogers, R-Vida,
allowed the commissioners to exempt some areas
(at their discretion) after holding a public hearing.
They had received requests to exempt up to 87 parks
and recreational sites in the county.
Opponents of nudity were well orgaized in their
testimony at the public hearing on the exemptions,
appearing in large numbers and carrying petitions
signed by rural landowners.
After the public forum to uncover community
sentiments, Commissioner Jerry Rust indicated that
he might support making a Willamette River swim
ming hole behind the BRING warehouse an excep
tion. However, when the issue came to a vote at last
Wednesday’s commissioners meeting, Rust joined
commissioner Archie Weinstein to defeat public nud
ity. (Commissioner Bob Wood did not vote, as he was
attending a National Association of Counties meet
ing in Detroit.)
“I fear that land-use problems would occur if we
mark permitted nudity locations on county maps,”
Rust said. "We do not want to attract sightseers or
thrillseekers to a park where nude swimmers are
trying to enjoy themselves privately.”
Weinstein has opposed exceptions to the ordi
nance from the start. He believes that the ordinance,
passed by a majority of voters, is a law, no matter
how much the minority of voters wish otherwise. He
says nudity supporters have two choices if they want
to continue their practice and not wind up in jail.
“Under our democratic form of government, citi
zens can put another nudity ballot before the voters
through the initiative petition process,” he said. “Or
nudity proponents can challenge the constitutionality
of the ordinance.”
Rust indicated that his vote to allow no excep
tions was based on knowledge that the ordinance
might be challenged in court. Because the ordinance
only applies to public property, which includes public
toilets, a court could throw out the entire law.
However, Lane County's acting counsel, Larry
Shaw, told Rust that the law requires criminal intent
be established before any nudity cases could be
brought to a trial. Shaw argued that someone in a
public shower is not intentionally exhibiting themself
and is probably not violating the law.
Until that section of the ordinance is tested in
court, no one will be sure if it is constitutional.
Lane County sheriff Dave Burks intends to en
force the ban on skinny-dipping now that the ques
tion of exceptions has been resolved. Violators could
face $1,000 fines and/or 30 days in Lane County jail.
Burks has issued special orders to county de
puties outlining the procedures for arresting nude
swimmers or sunbathers. Although the deputies may
patrol popular swimming holes, they will probably
wait until a “domestic complaint" from an angry or
offended citizen is filed with the sheriff's office before
reaching for the hand-cuffs.
Burks has not indicated how much it will cost
county taxpayers to enforce the ordinance.
In other actions last week, the commissioners:
• Agreed to investigate ground water contamina
tion in the River Road/Santa Clara area north of
Eugene city limits.
For several years, county and other public offi
cials have been expressing concern that the exten
sive, dense development in the area might be caus
ing contamination of shallow groundwater.
“The rapid change to an urban center without
employing sewers is the crux of the problem,” county
sanitarian Roy Burns told the commissioners. "The
large concentration of sub-surface sewage disposal
systems in use in the area and the possibility that
certain pollutants in the septic tank effluent could be
significantly contaminating the groundwater is our
primary concern."
The commissioners say they hope the
groundwater study will resolve the questions raised
by health officials. Growth in the area has been
slowed by the concerns over public safety.
• In another matter, the commissioners agreed to
follow suggestions from the county’s bond counsel
regarding suggestions for changes in an agreement
to build a metropolitan sewage treatment plant.
The bond counsel had informed the county that
the proposed county service district (CSD), with
powers limited from the outset to the sole purpose of
financing sewer facilities, was outside legal statutory
authority. As a result, the existing agreement bet
ween Lane County, Eugene and Springfield would
prohibit the CSD from financing bonds that are re
quired to build the metropolitan sewer facility.