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Court affirms affirmative action
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OBSERVER
Voin me 8 N o.*frì Tfcarsday, Jane 29, 1978 10c per copy
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The long awaited Bakke decision
has met with mixed reaction from
Black leadership but generally has
been acclaimed as a victory for a ffir
mative action.
The ruling determined that the
University o f California - Davis’ af
firm a tiv e
action
plan
was
discrim inatory because it selected
students soley by race, but that race
can be considered along with other
admission requirements. The Davis
program reserved 16 or 100 ad
missions for minorities and it was the
num erical quota that the U. S.
Supreme Court rejected.
The basic question has been
whether giving an advantage to a
member o f a minority group is legal
under the 14th Amendment to the
U.S. Constitution which states that
"n o state shall enforce any law which
shall abridge the priveleges or im
munities o f citizens o f the United
States, nor shall any state deprive any
person o f life, liberty or property,
without due process o f law; nor deny
to any person within its jurisdiction
the equal protection o f the law.”
Title VI o f the Civil Rights Act of
1964 says that no person shall be sub
ject to discrimination in any program
receiving federal aid.
The Bakke case questioned whether
the law applies to whites, and whether
preferences given to m in o ritie s
discrim inate against whites — the
popular term “ reverse discrim ina
tion” .
The C ourt determined that the
numerical quotas set by the Davis
program had discriminated against
Bakke and ordered him admitted.
fim a tive action programs in em
ployment. There is some fear that
those who oppose affirmative action
w ill attempt to use the decision as an
excuse not persue affirmative action
requirement!
Despite the great attaention given
the Bakke case, other cases that will
be more significant in the fields of
employment and construction are
Thurgood Marshall, the C o u rt’ s
now before the Court.
only Black, disagreed. He pointed out
The Court has agreed to review the
that for 200 years the C ourt has
1973 settlement in which American
allowed "th e most ingenious and per
Telephone and Telegraph Co. agreed
vasive forms o f discrimination again
to a government ordered affirmative
st Negroes.”
action plan. This plan w ill be
He wrote, "when a state acts to
reviewed to determine i f it involves
remedy the effects o f that legacy o f
“ reverse discrimination” .
discrimination, I cannot believe that
Another case o f significance is a
this same Constitution sands as a
challenge to the Public Works Em
barrier.” Justice Marshall was one of
ployment A C t’ s 10 per cent set-aside
four justices who voted in tavor ot
for m inority contractors.
the Davis program.
The Bakke decision, although af
The Court affirmed that race can
firm ing the use o f race in attempting
be a factor in an admissions policy.
to include a lj Am ericans in its
Judge W illia m Brennan wrote,
econom
ic advantages, does not
"Government may take race into ac
definitively
rule on the manner in
count when it acts, not to demean or
which race can be used and therefore
insult any racial group, but to remedy
does not end the affirm ative action
disadvantages acted on minorities by
controversy.
past racial prejudice. . . ”
Most proponents of affirm ative ac
The decision was restricted to the
tion are relieved that the long an
Bakke case alone and ist not regarded
ticip a te d decision was not more
to have a serious im pact on af-
devastating.
Cross burners free from federal prosecution
Karen noweii, Jeanette rotk and Brittany Jones enjoy
themselves while participating in the Summer Program at
Berean Baptist Church.
Summer youth programs offer recreation variety
by Beth Nance
Almost as soon as school was out,
summer programs opened at many
locations for youngsters throughout
the Albina community, locally spon
sored, with some assistance from the
Park Bureau. Representatives o f
these is the tenth annual Summer
Program of Berean Baptist Church,
at Wygant and Vancouver Avenue.
Daily, from 11:00 to 5:00, children
from ages six to thirteen can enjoy a
program o f crafts, games, music,
film s, field trips, storytim c, pup
petry, and free lunches. C ovel,
Coleman, college student, is the
A recior this year, after serving rwo
years as a staff member.
Schools Summer Food Service, at
In addition to constructive activity
Adam s H igh School. These are
fo r youngsters,
the summer
financed by federal funds.
programs provide employment for
The film program, after lunch on
teenagers. Berean’s program is staff
two days a week, is planned not only
ed by seven young people who get
as entertainment, but also for en
their jobs through Manpower, fi
hancing the themes o f self-worth,
nanced by CETA. Only the director
heritage, and intergroup relations.
is paid by the Park Bureau. The youth
Already the groups have seen such
ful staff gain experience handling
films as " B ill Cosby on Prejudice,”
re s p o n s ib ility, learning human
“ E van’ s C o rn e r,” “ The Blue
relations s kills, w ith a goal o f
Dashiki,” and “ The Skating R ink.”
promoting moral and spiritual values
One day’ s visit at the Berean
while helping the kids enjoy them
Summer Program demonstrated why
selves. Adult volunteers also donate ; the attendance is increasing.
time and skills.
,
The craft program that morning
The free lunches arc prepared and * had been more than just something
packaged at the Portland P u b lit
(Please turn to Page 6 Column 1)
Dekum Court tenants demand playground return
’ The Housing Authority has sold
our backyard," is how one Dekum
Court tenant described the situation
at the Dekum Court housing project.
The Housing Authority o f Port
land recently sold property adjacent
to the project to J.W. Brayson. Inc.
for development. The sale was the
culmination o f a long struggle be
tween H A P and the C oncordia
Neighborhood Association over use
o f the property. H AP had first plan
ned to build additional housing units
but a fte r strong, organized op
position by the community, which
wanted the property used for a park,
decided to sell. Explaining that the
sale would bring funds fo r other
housing developments, HAP refused
to agree w ith the neighborhood
association's request that the site be
restricted to single family dwellings.
After a heated hearing the City
Planning Commission recommended
down-zoning the property for single
fa m ily homes. The pro p e rty is
restricted to fifty-five family units,
fourteen o f which can be duplexes.
Prior to the sale HAP redrew the
Festival honors
The Kintu Festival will emphasize
history o f the Black community and
contributions o f Black artists. The
festival w ill be held in Vancouver
Avenue from 11:00a.m. to6:00p.m .
The Albina Mural w ill be dedi
cated to the community at 2:30 p.m.
A member o f the National Executive
boundaries so that the area now used
for a childrens' playground was sold.
The property line now lies directly
behind the project in the Saratoga
Street side (south) leaving only a
steeply sloping bank on the project
side. A thirty-five foot area west o f
the community building w ill remain,
as w ill its parking lot on its east side.
However, I f the p ro p e rty is
developed as currently planned, the
always said play space was important
but we didn't make a big issue o f it
because we had no idea that HAP
would sell all o f the play area,” one
parent explained.
Mrs. Palmer also expressed fear
that the Dekum Court residents w ill
be isolated from the remainder o f the
com m unity. “ We are becoming
more a part o f the com m unity.
Children from the neighborhood
come here to play and many others
use the community building. But if
HAP community building w ill be
bordered on three sides by private
housing.
Ms. C arolyn P a lm fr, resident
manager at Dekum Court, explained
:hat the lack o f play space provides a
severe problem to the residents. I f
:ach o f the fo rty units had the
m axim um num ber o f children
allowed, there would be 1.68 children
in the project, mostly between ages
two and thirteen. In several private
apartment buildings directly to the
north, which have no yards, there are
approximately ninety children.
These children have used play
equipment on the h ill behind the
project — the property that has been
sold. This allows mothers to watch
the children from the adjoining apart
ments. W ithout this area the children
w ill have only the walks and small
spaces between apartment buildings.
“ When the land was landscaped and
grass planted, it was purposely
sloped to keep the kids off. I f the
kids play on the grass and wear it
o ff, it w ill become a sea o f mud
again."
Another consideration in attempt
ing to keep the children from playing
among the units is noise. "Groups o f
twenty or th irty children running
(Please turn to Page 2 Column 4)
Murals dedication
Board o f the NAACP will speak.
Am ong the highligh ts o f the
festival will be: the Kintu Orchestra
under the d ire ctio n o f Thara
Memory; scenes from “ A Raisin in
the Sun” directed by Rosemary
Allen; Chuck Cobert Band; Black
Velvet; the 4-H Ensemble; the Mel
Brow n T rio . There w ill be two
stages, with music, poetry and panel
discussions throughout the day.
Arts, crafts, and foods w ill be sold
by community people. The sponsors
anticipate an enjoyable July 4th
festival with activities o f interest to
every segment o f the community.
Because the U.S. A tto rn e y
General has refused to prosecute,
and the lack o f intent o f the county
or the state to do so, Carol Williams
Bryant is expected to file a civil ac
tion for damages against three men
who burned a cross on her front lawn
while Ms. Bryant, a Black woman,
was a candidate for public office.
In a letter from W illiam Gardner,
Chief of U.S. Justice Department’s
Criminal section, to Sidney Lezak of
the U.S. Attorney’ s office here in
Portland, the complaint filed against
the three men, “ lacks respective
m erit” because the results o f an
F.B.I. investigation into the incident
did not uncover "specific intent by
the subjects to interfere with a par
ticular federally-protected activity
engaged in by the victim .”
com m unity,” Baker told the Ob
server. "S o many Black men come to
prison with long sentences, they lose
contact with the com m unity and
when they gel out they have no
friends except those they meet in the
joint.
“ We have continuously tried to
form contacts with the community
— through the "Behind the W all”
column in the Observer, through the
activities o f the O.S.P Uhuru Club,
and through one or two Black churches
But we never hear fro m the
NAACP. To my knowledge no one
has been here representing the
NAACP since the Salem Branch had
a lew contacts about three years ago.
The inmates received the support
of the Corrections Division and the
prison adm inistration. They also
received letters of support from
many state legislators and other
public officials who have written the
NAACP in behalf o f the visit.
I he meeting was o rig in a lly
designed as a workshop, but the in
mates have decided to let Hooks set
his own format. He w ill be accom
panied by other N AAC P officials.
torney, Ted Runstein, indicated that
neither the state nor the county had
expressed any intent to prosecute
either.
However, he explained, refusal by
governm ental
agencies
to
prosecute, “ has nothing to do with
suing for damages . . . and I assume
that we w ill do that.”
U.S. Attorney Lezak said that he
recommended to the Civil Rights O f
fice that he was satisfied with the ex
tent o f the F .B .I.’ s investigation
and, on the basis o f depositions filed
by counsel o f all parties involved in
the incident, there was no evidence
o f intent to intimidate Carol Bryant.
Because o f the lack o f evidence o f in
tent, he said, none o f Ms. Bryant’s
charges "should be brought under
federal civil rights law.”
Black community opposes South African’s visit
by Ronnie Herndon
The bright side o f this story is that
the NAACP is coming to town. For
four days next week (7/3 to 7/7) Port
land will host the annual NAACP
convention and, with 8,000 delegates
expected, the city’s Black population
w ill swell by thirty percent.
The unfortunate side o f this story
is that three days after the conven
tion concludes, the city w ill play host
to a horse o f a very different color:
the South African ambassador, one
Donald Sole. This paradox is all the
Analysis
more peculiar when you realize that
one o f the resolutions on the
N A A C P ’ s agenda is a call for a total
'Solar Fusion’ Presents di
Sunday, July 2nd Solar Fusion, a
fashion show/disco, w ill k ic k -o ff
with no host cocktails at 7:00 p.m. in
the Grand Ballroom o f the Lloyd
Center Sheraton.
Gene Holmes’ Mixed Company
w ill present the first fashion show at
8:00 p.m. The choreography for thé
hour long show is a dynamic blend o f
sight and sound that swirls across the
stage amid the glam or o f high
fashion clothing.
From 9:00 p.m. until 10:00 p.m.
special emphasis w ill be placed on
awards to the Black Rose Festival
Princesses, and the former Jr. Miss
Black Oregons.
The Portland Modulators, a CB
Club, will present a $1,200 scholar
ship to Corey Walden, a graduating
Jefferson senior.
Ronnie Wilson w ill also receive
recognition fo r being selected
nationally as Best Male Model o f the
Year.
PTG Unlimited w ill feature the
designs o f Liz Mosley from 10:00 to
NAACP leader visits OSP inmates
Benjamin Hooks, Executive Direc
tor o f the NAACP, will meet with
inmates at Oregon State Penitentiary
Saturday. Hooks w ill be in Portland
for the organizations' national con
vention, to be held here from July
3rd through the 7th.
Hooks was in vited to O .S.P.
several months ago. The activity —
To be a half-day workshop — was
organized by inmate Larry Baker
and coordinated by Charles Keaton,
Director of Rehabilitation.
"W e want Mr. Hooks to come and
tell us how the NAACP can help
Black inmates integrate back into the
The cross burning was committed
by three men who work with Jess
Bryant at the Salem office o f the
U.S. Bureau o f Land Management.
The act was com m itted w ith
“ federally owned vehicle and
materials, and on federal time. The
men eventually were suspended thirty
days without pay.
Federal investigators found no
reason to view the incident as other
than a prank, as the cross burners
had claimed.
Ms. Bryant said that she was not
surprised by the verdict, which she
had read about in the July 27th issue
o f the "Oregon Journal.” Although
she felt that the federal government's
decision not to prosecute, "doesn’t
preclude
H a rl
Haas
fro m
prosecuting under state law,” her at
boycott o f the apartheid regime of
South Africa.
The Ambassador w ill be a guest o f
the W orld A ffairs Council and the
Chamber o f Commerce who, despite
the objections o f a lot o f people,
have decided to go ahead and host
him. Because o f South A frica ’s total
disregard and open violation o f the
rights o f Black people, the Portland
(Please turn to Page 6 Column 5)
show
Fashion designer Liz Mosley and Pat McFarland prepare for Solar Fusion
fashion show/disco.
11:00 p.m.
Door prizes w ill be given away
For those who have party, party
throughout the night. The $7.50
on their minds a disco w ill begin at
tickets also include one tree cocktail,
11:00p.m. and last until2:00a.m .
to start the evening o ff smoothly.
Flooney Theatre preforms Langston Hughes
The scholarship office o f the Mar
tin Luther King, Jr., Scholarship
Fund o f Oregon, in conjunction with
the Neighborhood Theatre Com
pany, formerly the Flooney Theatre
Com pany. W ill p e rfo rm ’ in the
auditorium o f Portland Community
College at Cascade, located at 705 N.
Killingsworth on July 5th, 6th, and
7th at 8:00 p.m. Donation w ill be $3.
The program will concentrate on
the works of M r. Langston Hughes,
W riter and poet. O rig in a l com
positions on piano by Gerald White,
singing by local talent Floyd Cruse,
comedy by comedian Harold John
son, simple skits by Claude and
Henry Melson, a lecture by Skip
Bracken, and special selections read
from Langston Hughes Poetry by
poe, Butch Nathiel Haynes.
On July 3rd at 1:30 in Holiday
Park, across the street from the
Lloyd Center. The Neighborhood
Theatre Company w ill be a part o f
scheduled activities o f the Com
munity Festival which w ill be held
July Is t, 2nd, 3rd, and 4th at
Holiday Park, which begins at 10:00
daily.
Michael H ill, Executive Director
o f the M artin Luther King, Jr.,
Scholarship Fund o f Oregon will be
part o f the show with his portrayal of
W.E.B. DuBois who worked as a
N A A C P member during the early
par, o f the 1900's. This free perfor
mancc w ill start at 1:30 in H olidtv
Park on July 3rd.
Proceeds will be donated
M artin Luther King, Jr., Sc!,
Fund o f Oregon.