Oregon Daily
State court
cuts down
1988 OCA
Measure 8
j Court of Appeals cites free
speech concerns in decision
By Daralyn Trappe
Emerald Assoc sile Editor
• .3
A statewide anti-gav rights ballot
mansure voters passed four years ago was
flirt hired unconstitutional by the Oregon
Court of Appeals Tuesday
The ruling sets the first state precedent
i the constitutionality of gay rights
I'he ruling addresses 1 unit's Ballot
Measure It, which overturned then (an
Neil Goldschmidt's order banning dis
crimination on the basis of sexual orien
tation in the Executive Branch of state
govern ment.
Dave Schuman. an associate law pro
lessor at the University who specializes
in constitutional law. called the ruling
"very important "
"This adds to the iist of forbidden dis
criminations in this state, although it
does it in a roundabout way by fo< using
on speech." Schuman said
A three-judge panel ruled on an appeal
filed in July by the American Civil Liber
ties Union on behalf of University em
ployee Harriet Merrick, a lesbian
Merrick and the co-petitioners ap
ealed Measure H on the ground that it
onflicts with Oregon State Board of
Higher Education rules prohibiting dis
crimination on the basis of sexual orien
tation
In the court opinion. Judge John
Buttler wrote that Measure B violates the
Oregon Constitution's guarantee of free
speech and expression
"The sweeping protection of that
clause extends to all forms of speech, re
gardless of the social acceptability or of
fensiveness of the communication,"
Buttler wrote "free and open expression
about sexual orientation is clearly pro
tected A statute tii.it establishes a con
tent-based restriction on the free expres
sion rights of public employees cannot
in; sustained."
Measure 8 allows state officials to take
"personnel action against any state em
ployee based on the sexual orientation of
such employees." according to tile rul
ing
Buttler wrote that although Measure H
does not explicitly prohibit speech about
sexual orientation, it does so by implica
tion
Turn lo RULING, Page 4A
Dang! Look at that thing bum
n
PhCX© t>Y M*
Eugene Fire Department firefighters look on at .1 practice bum in
Eugene Thursday Developers wanted the lot cleared, giving the
department a chance to try out its new compressed-air foam
firefighting technique
IFC plans to
lower funds
for groups
jIFC members say tuition
rise and enrollment drops
force decreased funding
Ry Chester Allen
f meet'. t Ho(x*!**
lor the m'hiiiiI vc.ir in'u row. ihn hue
■icml<iI I ce Committee is planning lu re
duce li t (muling lo stuilcnt groups and
other rc< ipierits of IH lirtids
tin .him- of MoiiMiro S, tuition is going
up. and enrollment is going down, said
lit chairman Steve Mus.it "Thai te-uills
in less students paving incidental fees,
which means less money to distribute to
everyone
Musa! said the budget mini h has lelt
the II I with two choices increase the
mi idental fee charged to each student or
redut e li t funding to student groups
It's pretty i leaf that the committee
was elected to hold Ini idental fees
down,' Mas.lt said So, unless the Leg
islature passes a las lull, we ll have to re
dm e |i-C funding to many groups."
ihe !i (i Is a sis student committee
that distributes the lot idental fees every
full-time student pays each term I his
year, every full-time student at the Uni
versity pays a SlOti [Mir term incidental
fee
During the IK I budget process, money
is allocated to each group for nest year's
use l-'or example, this year's ASUO is
using ll-C money budgeted to them last
year
in the 1'1‘lt UJ si bool year, the IK!
distributed $4.t>14.H05 of Incidental lees
to H'l ASUO sponsored student groups,
the Department of Athletics, the KMU,
Saferide and Campus Ku< yi llng
Turn to IFC. Page 4A
Cold spell increases concern for homeless
j Local shelters feel the pinch as they in
crease clothes collecting efforts
By Jacqueline Woge
Emerald Reporter
Chilly weather, such .is thu Willamette Valley hud this past
week, raises appreciation for thu k sweaters and warm interiors
It also raises renewed concern for those who don't have either
— the homeless
"We keep hearing it's going to he a cold one this year," said
Ofift Series, who works at the Family Access Center, 1?W5 Ama
zon Parkway "We are trying to save blankets and warm jar kots
for people to wear."
Eugene Emergency Housing, a private non-profit human ser
vices agency, is doing the same thing, said Executive Director
Susan [Ian
Although the shellers are scrambling to collet t clothes, the
community IS better equipped to provide ut luiil emergency
shelter Ulan |t was during the ret ord breaking cold ol winter
1990
The Kugene Mission's new dormitory, constructed in junu
ary, adds more than 70 spaces, creating a now total of .170
spaces The interfaith Shelter Program and the Family Access
Center, both created in the 1900 emergency, are still operating
The Shelter Program provides overnight accomodations for
10 families at one of 3(i different churches each week The
Family Access ([enter is open to all homeless people Monday
through Friday and provides showers, phones, some i hlld i are.
housing information, referrals, some case management, a kitch
en and food as it comes In
huge no emergency Housing and Catholic Community Ser
Turn to COLD. Pago 4A
WEATHER
[There will be low clouds and
fog I his morning Highs will be
in (he mid 50s Saturday might
give us a break from the cola
with sunny slues after morning
fog Highs in the upper 50s
Today in History
In 1956. the IJ5 Supreme
Court struck dow n laws calling
for racial segregation on public
J buses.
OUT-OF-STATE INCREASE?
A state Board of Higher Education ad hoc < ommittee meets at )0a m today
a! Portland Staff University to review OSBHb't proposal to tighten tuition
residency require meets for out-of-state students
The meeting is open to the public
The committee will report its recommendations to the board Nov 20
when it meets at the University The board is expected to vote on the pro
posal then saidOSBHE President Bob Bailey
Topping the mmittee s list of concerns is the proposal* effective date.
July 199.1 Students around the stale complained to the board that the date
would affect this year’s new students.
SPORTS
TUCSON. Am !AP) Officials art hopeful of inviting
Brigham Yeung and giddv .it the possibility of Arizona for
this year s fourth annual (Copper Bowl
They also announced Thursday a deal with eight Pacific-10
Conference teams, including Arizona, Stanford and
VVI'hmg! i State, und-r which each will o :nnut to th<
0»J per Bowl if invited as the fourth pick from the Pa..-10.
()s..:'.- .it.i. Kansas, Ore* n, Wise nsir. and ! r. is art .
under consideration, said howl director Larry Brown
D" vvn saui a San Utego State victory Saturday ver Western
Athletic Conference leader Hawaii would improve the chano
of getting 8YU to piay in the Dec 29 game