Oregon daily emerald., April 02, 1982, Page 3, Image 3

Draft lawyer lists legal options
By Katherine Merrill
OtV* EmmrwU
Young men who failed to register for the draft may have
more legal options than it appears, according to a prominent
draft lawyer and activist.
Bill Smith, national co-chairer of the Committee Against
Registration and the Draft, and chairer of the Selective
Service Law Panel of Los Angeles, spoke to about 50 people
Thursday at the University law school.
There are legal defenses for non-registrants and draft
counseling under the new Selective Service regulations, he
said, adding that the government will soon begin prosecuting
approximately 300 men who refused to register, after having
given them a grace period that ended Febuary 28
The government must prove the person is male, a U S.
citizen or an alien residing here, and of draftable age. It must
also prove that he recieved notice of his obligation to register
within 60 days of his 18th birthday, that he did not register and
that he intended to violate the law
Prosecution is "not going to be nearly as easy as it
sounds,” Smith said
Contusing news coverage in June, 1980, including a
front page article in the New York Times that mistakenly
announced draft registration would be voluntary, and a
since-overturned verdict by a three-judge federal court ruling
the draft to be discriminatory may have confused people, he
said
These and other factors may make it difficult to prove one
"purposely, intentionally violated the law," Smith said, adding
that if one "did not intend to violate the law because he
thought it was unconstitutional, you've got a defense.”
Selective prosecution charges may be made because
those being prosecuted are the "very vocal, anti-draft”,
people, he said The "you're just picking on me" defense is a
"good argument, except the courts usually don't buy it,”
Smith added
Other defenses can be made regarding the process
undertaken in the reinstatement of draft registration, and
defendants may effect court delays as well, he said
Photo by David Corey
Bill Smith
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Patron sues Duffy’s,
group ‘Hot Whacks’
A lawsuit charging that the
negligence of the band "Hot
Whacks" caused Michael Val
denegro to lose 60 percent of
his hearing is “frivolous," ac
cording to Jim Watson, the
band's drummer
“(Hot Whack s) doesn't play
any louder than any other rock
and roll band," he says “I think
it's frivolous, there are no
specific dates or times in the
suit."
Valdenegro initiated the law
suit which charges "Hot
Whacks" and Duffy's, a campus
area tavern, with negligence
because of a failure to warn of
music that was "played with
such intensity as to constitute a
danger to patrons.”
According to Valdenegro, he
entered the tavern at 13th
Avenue and Alder Street in
April, 1980 He claims that he
listened to two songs that "Hot
Whacks" performed and then
left because of "pain and ring
ing in his ears.” Valdenegro
maintains that he visited a doc
tor the next day, who told him
that he had become partially
deaf in both ears.
The lawsuit, which Watson
says he received notification of
on Wednesday, was filed on
March 26
Watson, a student at the Uni
versity, says that neither he
or any member of the band has
ever experienced hearing loss
“I’ve been playing rock and
roll since fourth grade and I can
still hear the birds chirp in the
morning,” says Watson
The band plays at Duffy's
about two weekends a month,
says Watson, and nobody has
ever registered a complaint
similiar to Valdenegro.
“We re really responsive to an
audience," Watson says. “We
would take any request to turn
the volume down as seriously as
a request to play more
“Doors.' "
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