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 ■icml14.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