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THURSDAY, JULY 2, 1981
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( Court upholds 79 decision
1
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Rights could be violated
United Press International
AUSTIN — The Texas Supreme Court
has affirmed a ruling that a person’s political
affiliation is fair game in a court of law as
long as the person’s lawyer is the first one to
bring it up.
The high court Tuesday upheld a deci
sion that a former Socialist Workers Party
activist could not have a personal injury
judgment overturned just because oppos
ing attorneys brought up her politics.
In 1979 a Houston trial court decided
Evelyn Sell’s attorneys first injected poli
tics into the case by asking prospective
jurors if they objected to a person being
actively involved in political activities.
Sell, her son Eric, and Katherine Stall-
worth had filed the personal injury suit
against C.B. Smith Volkswagen, contend
ing the company was negligent in not de
tecting and alerting Sell to improper tire
wear on her 1-year-old car.
The tire blew out as the three were re
turning to Houston from a SWP convention
in Ohio in August 1972, leaving Sell para
lyzed from the waist down and her son with
serious brain damage.
A trial court in the case ruled in 1979 the
auto dealer was not liable for the injuries to
Sell, her son or Stallworth, who suffered a
broken hip in the accident near Memphis,
Tenn.
Sell was notified while sh’e was recuper
ating from the auto accident that she had
been dismissed as a Head Start program
teacher in the Austin Independent School
District. In 1976, she filed a lawsuit against
the school district, contending her dismis
sal resulted from an FBI report given the
district concerning her political activities.
In her appeal to the Supreme Court, Sell
contended defense attorneys in the case
should not have been allowed to solicit tes
timony concerning her political activities,
and said the Judge Ruby Kless Sondock of
Houston abused her discretion in the case
by suggesting the jury could determine if
Sell would be able to accept employment in
Texas public schools because a loyalty oath
might conflict with her political beliefs.
“The orchestration of the questioning of
Evelyn Sell by the respondents to elicit
evidence regarding the political affiliation
of these petitioners clearly was designed to
prejudice the jury,” her appeal to the Sup
reme Court said.
“If Evelyn Sell’s allegations against the
Austin Independent School District are
proven true and she lost her job because of
her political beliefs, her rights under the
First Amendments to the U.S. Constitu
tion were erroneously damaged. It would
compound that injustice for this court to
hold that Evelyn Sell’s political beliefs
could be used against her a second time,
and this time in the very forum that is sup
posed to be the most sensitive to injustice.
“There can be no doubt but that the So
cialist Workers Party had nothing to do
with this lawsuit, and was injected solely to
villify the petitioners in the eyes of the
jury.”
Police officials accused of cover up
'n Limestone county drownings
United Press International
AUSTIN — Rep. Ron Wilson,
Houston said Wednesday he is
avinced the Limestone county
eriff s office is directly responsi-
; for the drowning deaths of
•ee black youths arrested at
leteenth festivities at Lake
ixia.
“I am here to report to you
lay that I am firmly convinced
Limestone County Sheriffs
artment is attempting to cover
their mistake of being directly
ponsible for the deaths of Carl
ker, Anthony Freeman and
:ve Booker,” Wilson said.
The three men were arrested at
the traditional celebration for
alleged possession of marijuana.
Police have said that handcuffs
placed on the men were removed
before they were transferred
across the tiny lake in a small boat.
The boat capsized while en-
route to shore and all three of the
suspects drowned.
However, Wilson, who went to
Mexia June 29 for a personal in
vestigation, said he had spoken
with “three or four” persons who
saw the bodies of the young men
recovered from the water with
handcufffs still on their bodies.
According to Wilson, at least
one witnesses maintains that sher
iff s officer found two of the bodies
after the drowinings, removed a
single pair of handcuffs that bound
them together, then dumped the
bodies back in the lake.
Wilson said that according to
the witness, the officers later re
turned and pulled the bodies out
of the lake.
When asked why the witnesses
did not testify before a special in
quiry or would not allow their
names to be used Wilson said,
“they’re black and they’re scared.
It’s that simple.” Wilson said he
would try to convince his witnes
ses to testify before a grand jury.
Wilson also announced that
Attorney General Mark White
had agreed to actively participate
in the investigation at the request
of Limestone County Attorney Pat
Simmons.
Aid from the Justice depart
ment also will be sought, Wilson
said, when he travels to Washing
ton next week.
^ourt rules woman
nay sue employer
Hallmark Cards
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United Press International
MEW ORLEANS — A woman assaulted at work by her lover, a
ow employee, can sue her former employer for sex discrimination
.auge the firm failed to take action against the man, a federal appeals
jrt has ruled.
T'he 5th U.S. Circuit Court of Appeals Tuesday ruled K.O. Steel
ptings Inc. of San Antonio discriminated against Linda Shodrock
Vide by firing her on July 21, 1976.
ifhe woman’s employment was terminated after she was injured by
I lover, also an employee of K.O.
^Rohde, who had worked for the company for six years, was a
rretary and was engaged in an affair with Arnulfo Lopez, a cleaning
^m foreman for K.O.
-Company executives were aware of the relationship, the opinion
On July 15, 1976 Lopez struck Rohde at her apartment and she was
(used from work the following day. When she returned to her job
17, Lopez again assaulted Rohde and the personnel director told
to take off the remainder of the week in vacation days,
^lowever, when the woman went to work on July 21, she was fired.
W)uring an evidentiary hearing, K.O. tried to present evidence,
\hde was a poor employee who was discharged on the basis of her
0>rd as a whole and that Lopez’ record, in contrast, was merito-
is,” the three-judge panel wrote.
0,opez was never dismissed or disciplined in connection with the
ident, the court said.
[’he appeals court upheld a lower court ruling that although the two
mot perform jobs similar to each other, they were entitled to equal
fitment.
(While analysis of differential treatment concerning pay scales is
itonably and logically tied to a consideration of substantial equality
Likill, effort and responsibility, those considerations are largely
levant to the establishment of disparate treatment by discharge
the justices wrote.
i AVhat is relevant is that two employees involved in or accused of the
lie offense are disciplined in different ways.”
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Airline employees get pay
cut to save company debt
United Press International
DALLAS — A decision by Bra-
niff employees, made three
months ago, to forego pay raises to
help make the airline solvent
again is paying off now in conver
sations between the air carrier and
its creditors.
In March, the financially crip
pled airline went to its workers
and asked them to tighten their
belts or risk going under with the
company. The workers accepted,
and Braniff is now offering that
acceptance to its creditors as a sign
of good faith.
Braniff officials in New York are
hoping for an extension on
Wednesday’s deadline to pay $40
million in debt payments.
“We have been meeting regul-
ary with lenders,” said Braniff
spokesman Ray Chanaud. “We ex
pect an announcement and hope
fully a favorable one. Attorneys
are looking over the proposed
agreements, but I’ve not been in
formed of the progress of the
negotiations. ”
Extension of the deadline
allows creditors and officials to re
structure the firm’s almost $600
million long term debt.
Braniff lost $128 million in
1980, and its principal lenders last
March agreed to put off the $40
million payments until July,
although Braniff executives at the
time said they doubted the firm
would be able to meet the dead
line.
As part of the March agree
ment, company employees took a
10 percent pay cut, and Braniff
chairman John Casey agreed to
work for nothing.
First National Bank in Dallas,
Braniffs chief Dallas lender, re
ported loaning Braniff $32.4 mil
lion in revolving credit during
1980, and chipped in to an eight-
bank agreement to loan $17.9 mil
lion through Braniffs real estate
subsidiary.
In addition, First National
bought $6.3 million worth of de
ferred stock in April 1980, and
agreed with other lenders last De
cember to waive until next Sep
tember a requirement that the air
line maintain a $175 million net
worth.
Braniff ended last year with a
$101.5 million net worth and a
$583.7 million in long-term debt.
It lists current assets as $197.7
million and liabilities at $341 mil
lion.
During the first quarter of this
year, Braniff reported an operat
ing profit of $454,000, compared
with a $22.5 million operating loss
the year before. But Braniff s huge
debt — weighted at a 23 percent
average interest rate — pushed
Braniff into a $24 million operat
ing loss.
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