The Battalion
Vol. 70 No. 83
10 Pages
Tuesday, March 1, 1977
College Station, Texas
News Dept. 845-2611
Business Dept. 845-2611
ay service organization sues A&M
m
By GLENNA WHITLEY
[he Gay Student Services Organization
iSO) tiled suit yesterday morning in
jeral district court against Texas A&M
[iversity in an effort to gain recognition
student organization.
|CSS0 applied for official recognition in
1976, but after keeping the request
ler advisement for eight months the
[iversity denied their request last
'ember.
[Its their legal right to file suit,” said
[.John Koldus, vice president for stu-
services. “That’s what the judicial
item is for.”
Jniversity President Jack K. Williams
yesterday that the Former Students’
jociation met Saturday night and voted
petition A&M not to recognize the
iso.
ilichael Minton, senior electrical
bineering and math student, Keith
jwart, sophomore history student, and
Iricia Woodridge, junior in environ-
Intal design, are named as plaintiffs in
the suit. Minton is the president of GSSO
and Stewart is the vice president. Minton
says GSSO has a membership of 20 A&M
students, both gay and straight (hetero
sexual) .
The plaintiffs are financing the suit
themselves Minton said, but they hope for
donations to alleviate some of the cost.
The group’s Austin attorney, Bobby
Nelson, led a successful attempt to permit
a gay student organization on the Univer
sity of Texas campus.
Minton said that the group wants to be
allowed to distribute literature, hold panel
discussions and bring speakers to the
campus to talk about gay lifestyles. The
group presently operates a telephone serv
ice that refers gays to professional coun
selors.
The GSSO’s April application for recog
nition was not treated routinely. Koldus
said in April that since he disagreed with a
gay liberation group receiving recogni
tion, he asked that the GSSO application
come directly to him.
Minton said that the gays were assured
by Koldus in April that a rejection would
be quickly rendered.
But no rejection or acceptance came
until the group’s lawyer asked the Univer
sity to give the group an answer or face a
lawsuit in court. Koldus then gave the
GSSO a letter of rejection.
Koldus wrote, “Homosexual conduct is
illegal in Texas and therefore it would be
most inappropriate for a state institution to
officially support a student organization
which is likely to encite, promote and re
sult in acts contrary to and in violation of
the penal code of the state of Texas.”
A member of GSSO who did not want
his name used said, “What he’s basically
saying is our group is not going to do any
thing other than get together and pair
people off and have wild sex orgies. I find
that personally offensive. That’s like say
ing every time there’s a faculty party be
cause they are all heterosexual they swap
wives.”
Yesterday Koldus said that he waited
eight months to give the group the rejec
tion because he was watching how the
“Gay Lib vs. University of Missouri” deci
sion (1976) was handled in the appellate
court. The court finally decided in favor of
the university.
Dr. Kenneth Nyberg, sociology profes
sor and faculty advisor to the GSSO, said
that there was no real point in Koldus
using the Missouri case as a precedent
since there are many more cases that have
been found in favor of the gay groups.
Koldus said that he believed the case
was appropriate because it was the most
recent judgement and because Missouri
laws concerning homosexual activity are
similar to Texas laws.
“I think it’s a sure thing that we re going
to win so I’m pretty comfortable in doing
it,” Minton said. “The legal history of gay
organizations suing state institutions in
this nation, with the exception of one case,
has always been in favor of the gay organi
zations.” He said this includes approxi
mately 45 cases.
Stewart said in a recent interview that
one of his reasons for filing the suit was his
desire to present people with the facts on
homosexuality and let them see that the
stereotypes of gays as effeminate men and
masculine women are warped views.
Stewart said that if people choose to
stereotype gays, it’s alright with him. But
he says it is not a valid conclusion because
they do not have all the facts.
Minton agreed and added, “Prejudice is
a personal attitude. There’s still prejudice
against blacks and chicanos even though
the federal government has seen fit to pass
legislation not permitting discrimation.
We think that by educating people, there
will be a decrease in prejudice.”
“Another reason I’m suing,” Stewart
said, “is because my constitutional rights
have been stepped on. I don’t want them
to do this to any other student. I don’t care
who he goes to bed with.” He said that he
sympathized with all the gay persons on
campus who can’t let their homosexuality
be known. “I know how it feels because 1
was in their shoes.”
Minton said, “The primary reason I'm
suing is because I do not think there is
anything wrong with being gay. And I
think it’s a travesty for any one society,
particularly an institution of higher educa
tion, to perpetrate the attitude that gays
are sick, unproductive and should try to
change.”
He said that the gay issue is surfacing
nationally now. "I feel that this Universi
ty, as the bastion of conservatism in the
south is going to be a very, very important
case for gay rights. It’s going to receive a
lot of national attention.
The suit names as defendants Koldus,
President Jack K. Williams, Executive
vice president Clyde Freeman and the
Board of Regents, individually and as rep
resentatives of the University.
The Texas Attorney General’s office will
handle A&M’s defense in court.
tost businesses still comply
I! Blue law meets opposition
3ryan
By PHYLLIS LEE
)n Sunday you can sell a hammer but
the nails to go with it, or you can sell
but not a camera to take the pictures,
the manager of the College Station
-Mart.
Manager Jeff R. Brown said his store
aplies with the law because a violation
misdemeanor. He said, however, that
law is unfair.
irown was referring to the Texas “blue
s that prohibit the sale of certain
ids both on Saturday and Sunday.
y B [he prohibited items are listed in Arti-
9001 of Vernon’s Annotated Civil Sta-
js. The article states that any person or
employes shall be guilty of a mis-
leanor for selling clothing, clothing ac-
sories, wearing apparel, footwear or
idwear on both of the consecutive days,
llso contained on the list are home,
siness, office or outdoor furniture,
henware, kitchen utensils, china,
ne appliances, stoves, refrigerators, air
ditioners, electric fans, radios, televi-
n sets, washing machines, dryers,
cameras, hardware and tools, excluding
nonpower-driven hand tools.
Jewelry, precious or semi-precious
stones and silverware are on the list along
with watches, clocks, luggage, motor ve
hicles, musical instruments, recordings,
toys excluding items customarily sold as
novelties and souvenirs, mattresses, bed
coverings, household linens, floor cov
erings, lamps, draperies, blinds, curtains,
mirrors, lawn mowers and cloth piece
goods.
Terry Ripperda, manager of the Cul
pepper Plaza Safeway, said the law
changes with interpretation.
“It is a matter of interpretation, one
time you can sell an item and later that
product will be prohibited,” he said.
Ripperda said Monday that a sign is
posted at the front of the store which lists
the items that cannot be sold on Sundays.
During the training period, the checkers
spend hours learning company policy and
the blue laws, he said.
J. W. Heime, manager of the Bryan
Weingarten’s store, said that on Sunday all
of the items are roped off and the checkers
have a list of the prohibited items on their
registers.
“I can’t understand why they put the
law into effect,” Heime said. “Some of the
items are necessary every day of the week.
“There shouldn’t even be a law like
that, if you are open, go ahead and sell it.
It seems to me that some retail stores
don’t enforce the law as strictly as we do,”
Heime said.
Sunday morning, James Daves, an elec
tronics technician at Ellison Radio and TV,
bought a kite at Piggly Wiggly No. 54.
The assistant manager of that store,
Robert O’Keefe, said the slip may have
been caused by a new checker. He said
the store is only four days old.
“We do try to comply with the law,” he
said. “When a person comes through the
line, we inform them if the item cannot be
sold on Sunday.”
Later in the afternoon, Daves went to
Skaggs where he observed a man purchas
ing a Texas Instruments digital watch.
“The salesman seemed eager to sell the
watch and would show watches to any cus
tomer at the counter,” Daves said.
Richard Gallimore, the Skaggs em
ploye, said he did not realize that it was
Sunday when he sold the watch.
“When you work seven days a week,
you can completely forget what day it is,”
Gallimore said.
James Oney, manager of the Skaggs
grocery department, said he had no idea
how th is accident happened. He said
there are some new checkers and cashiers
that may not exactly understand the law.
Daves said yesterday that he does not
agree with the blue laws but believes that
the stores should comply because it is a
Texas law.
Local police departments and any law
enforcement agency may enforce the law,
Lt. Bobby Maddox of the Bryan Police
Department said.
Maddox said the ofificers would confer
with Brazos County Attorney Roland M.
Searcy to determine whether or not blue
law violations should go to court.
ollege Station to decide park location
th
By DAVE TEWES
The College Station City Council must
ide within 60 days whether or not to
elop another park in an area of the city
it already has a majority of the city’s
|s.
IThe 60 day limit, set by the Council
Jursday, will allow time to study the
msity of a park on an area of land called
|e Holik tract. It is near the intersection
[Welsh Avenue and Holleman Drive in
|uth College Station.
“There are already quite a few parks in
lisareaof the city,” Gary Halter, College
[ation city councilman, said Friday. “I’m
(sure another one is needed in this par-
:ular area.”
Already in the area are Dexter Park,
nderson Street Park and Bee Creek
I irk The South Knoll Elementary School
id A&M Consolidated High School also
ive green areas for recreation Halter
|ded.
Location is the main factor being con-
[dered by the council, Paul Woj-
echowski, College Station director of
|arks and recreation, said Saturday.
The Holik tract is located on the out-
drts of the service area of several parks,”
esaid. “It will probably complement the
er parks in the area."
The National Parks and Recreation As
sociation determined the average park to
have a service area of a half-mile, Woj-
ciechowski said. This is only a guide refer
ring to the accessibility of a park.
“To me, service area isn’t the question,”
Jerry Duncan, a resident in the Holik tract
area, said Saturday. “The formula doesn’t
take into consideration the unique factors
of the land.”
Duncan, who initiated a petition re
questing the City Council study, said the
bullfrogs, turtles, fish and hawks living on
Holik tract were magnificent.
The signers of the petition are trying to
get the park developed by convincing the
City Council the Holik tract is ecologically
important. Halter said.
“I got the impression that it was some
kind of ecological wonder,” Halter said.
“Perhaps if you scrape away the beer bot
tles it is.”
College Station already has one nature
park in that part of College Station, he
said.
“There is a real nice nature area right
down Dexter (Street),” he said. “It is left
in pretty much of a natural state.”
The land first became available to the
city when Dale Fitch, local land de
veloper, decided to build houses on the
tract. Halter said.
The College Station park dedication
j, lousing officials mail manual,
him no fall housing shortage
regulation states that a land developer
must donate a specified amount of land or
money to the city when land is developed.
The amount of land or money is deter
mined by the number of dwelling units to
be built.
Fitch must donate seven-tenths of an
acre of land or the money equivalent to
seven-tenths of an acre of land. The coun
cil chose to take the land.
The council is considering buying ap
proximately 10 acres of land from Fitch to
add to the donated land.
The College Station comprehensive de
velopment plan, which provides long-
range park planning, shows a need for a
park in the area, Halter said. The need is
based on the population of the area and its
future needs.
Duncan said he began work on a peti
tion for development of the park Feb. 19.
This was two days after the City Council
first discussed the idea of a park in the
area.
“The petition specifically asked for a
study to determine what resources were
on the Holik tract,” Duncan said. “I don’t
think people were aware of the unique
natural resources on the land.”
He said 221 signatures were collected in
four days. All six of the College Station
wards were represented, but most of the
signatures came from the wards closest to
Holik tract, Duncan added.
“There is an obvious community desire
to preserve the area,” he said. “About 30
per cent of the people that signed the peti
tion said they would donate time or money
for the park.”
There is a need for parks in other areas
of College Station, said City Councilman
Jim Gardner, Saturday.
“There are four or five areas in the city
that are short of parks,” he said. “It
wouldn’t be fair to pour all the city’s
money into one area.”
Areas of the city that need parks are the
east and far south parts of College Station,
Gardner said.
Some of the persons signing the petition
said the park was necessary because of the
high-density growth rate in the area.
High-density growth rate refers to the
number of dwelling units per acre.
“I was absolutely flabbergasted when
they (local residents) came to my office to
talk about high-density growth in their
area,” Halter said. “I have never heard of
anybody accusing single-family dwelling of
being high-density.”
Halter said some of these people were
Using high-density growth as an excuse to
exclude persons of certain income brack
ets from building in the area.
Duncan said some of the persons may
have signed the petition with that reason
in mind. Most wanted to preserve a
unique area of land, he added.
Battalion photo by Pat McAuliff
Wet sponge throw
Edward Williams receives a blow from a wet sponge tossed by partici
pants of the “All Night Fair” held Friday night at the MSC. Student
watching on is Jim Ramsey.
Train derails near Navasota,
spills flammable fluid from car
A 13-car train derailment north of
Navasota last night caused a highly flamm
able liquid to leak from one of the cars
in the derailment.
Traffic was rerouted for almost four
hours along Highway 6 while a Southern
Pacific Railroad hazardous material expert
determined the extent of the leak.
Expert L. M. Gilbert of Houston said
that only about a gallon of nitracious
benzol was spilled when a valve on one
of the derailed cars broke open. He said
the spilled liquid quickly evaporated.
The derailment occurred as the Mis
souri Pacific train was traveling south on
the Southern Pacific track a short distance
outside of Navasota.
Law enforcement officials set up
roadblocks along Highway 6 near the de
railment while railroad employes investi
gated the damage.
“You could think of this product like
gasoline...just a little more toxic, Gilbert
said of the spilled liquid.
He added that there was no real danger
after the liquid evaporated.
“It could have been a lot worse than it
was,” he said.
He also said that there was no hazardous
material on any of the other derailed cars.
Seven of the derailed cars were actually
overturned.
Missouri Pacific employes involved in
the accident refused to comment on the
possible cause of the derailment.
Representatives for both companies in
volved will be investigating the cause of
the incident.
Texas A&M University officials began
ailing out the updated off-campus hous-
>g manual to Texas high school coun-
ilors yesterday with a letter denying that
ere will be a student housing shortage
ere this fall.
Karen Dawn Switzer, student de-
elopment coordinator, said housing
Portage rumors are particularly intense in
)e Houston and Dallas areas.
Weather
Sunny and mild today, becom
ing partly cloudy tonight and to
morrow. South to southeasterly
winds increasing 12 to 18 mph this
afternoon and tonight. A 20 per
cent chance of showers is ex
pected tomorrow. High today,
lower 70s; low tonight, mid-50s.
High tomorrow, mid-70s.
“Indicators are that there will again be
ample housing for those who plan to at
tend Texas A&M next fall,” she told the
high school counselors.
University officials said, however, that
the only housing available for next fall is
off campus and may not offer a wide choice
of cost and locations.
Texas high school counselors will re
ceive the manual, published by the Stu
dent Affairs Office, to provide students
basic information on the University, in
cluding leasing an apartment and finding a
roommate, costs of living off-campus,
transportation and other “facts of life.”
The manual is also available to transfer
students entering A&M
Prospective students may apply for on-
campus housing through the housing of
fice 15 months prior to expected enroll
ment, Switzer told the counselors. Stu
dents should learn if their on-campus ap
plications have been accepted or rejected
by April 1.
CERTIFICATE NUMBER
(for official use only)
Election Pet. #
LAST NAME
FIRST NAME (do not use husband's first name)
MIDDLE NAME
MAIDEN SURNAME IF MARRIED WOMAN
PERMANENT RESIDENCE ADDRESS.
STREET & APT. # OR ROUTE # OR LOCATION (not P O. Box)
CITY ZIP
MAILING ADDRESS IF DIFFERENT FROM ABOVE:
STREET OR P. O. BOX
VOTER REGISTRATION APPLICATION
Mail or deliver application to your County Tax Assessor Collector 30
days prior to an election.
TYPE OR PRINT IN INK
SOCIAL
SECURITY
NO.
BIRTH
DATE
BIRTH
PLACE
SEX
(M/F).
APPLICATION NUMBER
(for official use only)
OR COUNTY
OR FOREIGN
COUNTRY _
IF NATURALIZED.
COURT OR ITS
LOCATION:
IF NOW
REGISTERED
IN ANOTHER
TEXAS
COUNTY
NAME OF COUNTY
LAST RESIDENCE ADDRESS IN COUNTY
CITY
ZIP
I certify that the applicant is of legal age, is a citizen of the United
States, has met all legal requirements, and holds legal residence in this
County. I understand that the giving of false information to procure the
registration of a voter is a felony.
SIGNATURE OF VOTER/AGENT
Agent must be a registered voter and must be only: (Check one
applicable)
Husband Wife Mother Father Son Daughter
The disclosure of social security number is voluntary only, is solicited
by authority of Section 45B. Texas Election Code, and will be used only
by election official to maintain the accuracy and integrity of the
registration records.
Register to vote
Wednesday at 5 p.m. is the deadline to register to vote in the April 2
municipal elections. To register fill in the form and mail to Raymond
Buchanan, Tax Assessor-Collector Brazos County Courthouse, Bryan,
77801.