Constitution Court examines its jurisdiction
ny Carolyn l.amberson
Of lh«' t nirr.ilct
I lu; ASl'() Constitution Court on ITidav hoard
testimony concerning its jurisdiction over OSPIRC.
Karlier this month, three students asked the Court
to place .1 permanent injunction on tiff? ()rogon Student
Public Interest Research Croup The students say
OSPIRC is inherently political and should not receive
incidental fees.
Andy Clark. (Constitution Court chairman, re
quested briefs from both sides on tin; Court's jurisdic -
tion in the matter before a hearing date was set. Those
briefs wore submitted early last week.
The petitioners seeking the injunction an; James
Randall, former chairman ol the Incidental l ee Com
miltee. Ron Munion. current member ol both the li t;
.iikI (lie KMl Hoard, and l.aura Romano. KMC Hoard
member. I hoy argue that "the First Amendment of the
I' S. Constitution prohibits requiring persons to aid the
dissemination of viewpoints with which they
disagree.”
Therefore, the three students say the use of man
datory incidental fees for OSI’IRO violates their First
Amendment rights.
Munion. Kornano and Randall say section 2..J of
the ASIK) Constitution gives the Court jurisdiction in
the OSI’IRC case Section 2. t says no agency or pro
gram of the ASl'() shall abridge "the privileges and im
munities of any person and program under the Con
stitution and laws of the United States 01 the State of
Oregon."
in response, the IFC. the EMU Board, ASUO Presi
dent Steve Nelson and OSP1RG, argue that the three
petitioners are just using section 2.3 as a link to federal
and state law and fail to raise issues that fall under
ASUO Constitutional boundaries.
Nelson argued on behalf of OSPIRC. at the Court
hearing. Specifically, he said the Court should not try
to interpret broad U S. Constitutional issues.
He made an analogy to circles, saying the ASUO
Constitution was a small circle within the larger circle
of the U.S. Constitution.
“The little circle does not have jurisdiction over
the big circle." he said.
The Court is expected to formally release its deci
sion today.
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Riverfront
Continued from Page 1
‘‘We have made a commit
ment that if anything had to be
huilt when? the playing field is,
the field would be relocated.”
he said. “We’re obligated to
find a new location for the
field.”
Williams was surprised when
he first heard of the ballot
measure because none of the
students involved had con
tacted him about the field, he
said.
Because no site decisions
have been made yet. it is hard to
be specific about the location of
the research park and how the
field will be affected. Williams
said.
Hut rather than relocate the
field. Stotter thinks the park
should be relocated.
“Our feeling is that the only
companies that can afford that
location are the big ones that
would probably not want to
locate in Eugene, so we believe
the smaller firms would prefer
tin* lower rent that would In?
charged if tin? park was not on
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the river.” he said.
Rosemary Pryor of the Eugene
Development Department said
the field's fate has not been
determined. More will be
known by June, she said.
"We are now constructing a
master site plan to decide where
the buildings will be. and even
that master site plan may leave
issues such as the one surroun
ding this field up in the air.”
Pryor said.
Carolyn Skolnick, captain of
the women’s Ultimate Frisbee
Team, said the field is one of the
best in Eugene.
“It seems a shame to rip up a
beautiful piece of land to put a
building on. especially when
there are so many other places
the park could be built,” she
said.
Members of other club sports
teams were surprised when they
heard the field was in jeopardy.
“They were really shocked, and
some actually did not believe
me," Skolnick said.
If the ballot measure passes,
students will lobby tin? Univer
sity administration and the
Campus Planning Committee to
preserve the field in any long
term plans, according to the
measure.
If the ballot measure fails, the
“Save Southbank Riverside
Field” group will continue to
lobby the University and the ci
ty, Stutter said.
More than 1,000 students
signed a petition to place the
measure on the ballot. The
measure has been endorsed by
tin? Creek Endorsement Com
mittee. tin; Survival Center, the
Student Cooperative Associa
tion and several intramural
teams.
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