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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Oct. 29, 1981)
Battalion Serving the Texas A&Al University' community * • ‘t ■ ■ • 11 £ | ' • , I / * , ^ ‘ USPS 045 360 Phone 845-2611 The Weather Today Tomorrow High 76 High .. .80 Low 58 Low .. .63 Chance of rain. . . . . 10% Chance of rain . 20% A&M gay recognition to reach court Monday By DENISE RICHTER Battalion Staff After a four-year battle, the Gay Student Services Organi zation Monday will appear in a Houston court again seeking University recognition. Texas A&M University is the defendant in the civil trial which will be set during a Monday morning docket call in the U.S. District Court for the Southern District of Texas, Hous ton Division. “We’re on the docket and we’ll probably go to trial that afternoon,” defense lawyer Jenny Graffeo said. “We re not certain about (the trial date) but we’re preparing for it as if we go on trial Monday.’’ Texas A&M applied for a continuance in the trial several weeks ago, a motion which was not opposed by the GSSO. However, U.S. District Judge Ross N. Sterling, who will preside during the trial, denied this motion. Representing Texas A&M in addition to Graffeo will be Lonnie Zwiener and Ann Kraatz, assistant attorneys general; James B. Bond, vice chancellor for legal affairs; and Ted Hajovsky. Patrick Wiseman, of the Nelson and Mallett law firm in Houston, will represent the GSSO. Defendants cited in the case are: Dr. John J. Koldus, vice president for student services; the late Jack K. Williams, former president of Texas A&M; Clyde Freeman, executive vice president, and the Texas A&M System Board of Regents, individually and as representatives of the University. The plaintiffs, Michael Minton, Keith Stewart and Patricia Woodridge, were members of the GSSO when the original federal civil rights suit was filed in 1977. The organization requested official University recognition in April 1976, a request which was denied the following month. In November 1976, Koldus stated the University’s position in a letter to the GSSO explaining the reasons for the refusal. In the letter he said according to Texas A&M regulations the University can only recognize organizations whose goals are consistent with the philosophy and goals of Texas A&M. The GSSO conflicts with those goals, Koldus said. “Homosexual conduct is illegal in Texas,’’ the letter said. “and, therefore, it would be most inappropriate for a state institution officially to support a student organization which is likely to incite, promote and result in acts contrary to and in violation of the Penal Code of the State of Texas. ” Koldus said another reason for denying recognition is that the group wanted to provide services to students, including referrals, educational information and speakers. “Student organizations do not have the educational experi ence, the responsibility nor the authority to educate the larger public,” the letter said. “The responsibility for the education of the students at Texas A&M resides by law with the University administrative staff and faculty. ” The GSSO filed a civil rights suit against the University Feb. 28, 1977. The suit stated denial of recognition forced the group to find off-campus meeting sites which was expensive and limited the number of persons who could attend meet ings. The organization also sought damages to compensate for the lack of recognition and to cover court costs and legal fees. On March 22, 1977, the Board of Regents said they would “proceed in every legal way” to keep gay groups “from orga nizing or operating on this or any other campus for which this Board is responsible.” The University argued that it could not be sued for money damages and in November 1977, Judge Sterling dismissed the case. However, in February 1980, the 5th U.S. Circuit Court of Appeals set aside the federal court decision. The appeals court cited a 1978 Supreme Court ruling which stated that local governing bodies could be sued for money damages under federal civil rights laws. Local governing bodies include universities, the court ruled. Texas A&M appealed this ruling to the U.S. Supreme Court in March 1980, arguing that the appeals court decision .was in error and conflicted with other rulings. Lawyers argued that if Texas A&M — “which has no exist ence independent of the state” — can be sued under a federal civil rights law, then any other agencies of the state of Texas could be subject to the same type of suit. On Dec. 8, 1980, the Supreme Court refused to hear Texas A&M’s appeal. This action meant that the case finally could be heard on its merits in federal district court in Houston. Work finally underway Staff photo by Dave Einscl iter 13 The centerpole is up and bonfire construction have the last stages of begun. The pole broke when it was raised Friday. Repairs were made and it was erected Tuesday. -P "hi ^ hat 5 V t TEC igher expected to approve Saudi crude prices United Press International GENEVA, Switzerland — OPEC ailed an emergency meeting today pre- licting grudging agreement on a Saudi lemand for a uniform $34 base price for .amove that will raise U.S. prices wo or three cents per gallon on gasoline and heating oil. With oil prices and the cartel’s influ ence declining, representatives of all 13 OPEC nations hoped the session in the grand ballroom of the Geneva Intercon tinental Hotel would end the pricing ittle that threatened to destroy the organization. Itwas their third emergency meeting in five months but OPEC officials and industry experts predicted a relatively easy agreement this time after the two Mures. I am very confident that this time we will leave Geneva with something concrete,” OPEC president Dr. Sub- roto of Indonesia said just hours before the meeting opened. “I am hopeful we can finalize it as quickly as possible.” The meeting was to last only one day, but several delegations said there was a possibility talks could linger into Friday. To reach a unified base price of $34 per barrel, Saudia Arabia would have to increase its $32 price by $2, and most other countries would have to lower their base prices $2. The changes would boost prices to the U.S. consumer two to three cents a for gasoline and heating oil, according to the Petroleum Industry Focus to be published tomorrow This week’s Focus will be published on Friday instead of today. Television listings which normally appear in Focus were delayed in the mail. And rather than publish incom plete listings today, editors decided to delay publication until Friday at which time full listings should be available. The Battalion regrets any incon venience this may cause to readers. Research Foundation Inc., because U.S. domestic crudes follow Saudi prices. OPEC countries still could charge above the base price for higher quality crude, but Saudi Arabia wants pre miums limited to $3 per barrel and wants the new pricing scheme in effect through Jan. 1, 1983. OPEC has not had a unified oil price since 1979, a year after the Iranian re volution when Western consumers were willing to pay more for secure sup plies. Earlier this year, prices ranged from Libya and Nigeria at $41 per barrel to Saudi Arabia at $32. Saudi Arabia’s Sheik Ahmed Zaki Yamani warned high prices were damaging Western econo mies and forcing them to use other fuels. Yamani’s call went unheeded for two years. He finally used Saudi oil reserves — the biggest in OPEC — to flood the market with cheap oil. That, combined with energy conser vation in the West, created a worldwide glut of oil and ended demand for high- price crude. By this summer, most OPEC countries found it impossible to sell at old prices. Malfunction causes loss of phone use A computer malfunction caused a shut down of long distance service and seven local phone exchanges Wednesday. Telephone number prefixes 693 and 696 were the only lines not affected, said Virginia Garner, division service office manager at General Telephone and Electric. Exchanges that were out of service were 779, 775, 822, 823, 846, 845 and 260. Long distance for all ex changes was also down. The computer went out at 2:15 p.m. and was returned gradually to different areas throughout the afternoon, Gamer said. She added that the system has mal functioned before, but not as many ex changes were affected. The American Petroleum Institute reported Wednesday that U.S. imports were only 3.3 million barrels of crude a day last week — the lowest since 1975. Many OPEC countries are short of money and one oil expert said on the eve of the Geneva meeting that “OPEC in fact has its back very much up against the wall.” United Press International WASHINGTON — The Senate gave Reagan a major foreign policy victory, provided further evidence of his power of persuasion and cleared the way for an $8.5 billion arms sale that he says is vital for Middle East security. “Thank God,” Reagan sighed Wednesday after being told the uphill Senate battle on his proposal to sell five AW ACS radar planes and other equip ment to Saudi Arabia was over and he had won. The vote was 52-48. “Because of actions like today’s by the Senate, the cause of peace is again on the march in the Middle East,” he said. ‘ For this, all of us should be grateful.” A few days ago, Reagan seemed to be on the brink of defeat. But as he did last summer when his budget and tax cuts were in trouble, Reagan rallied and turned a wave of foes into supporters. The final four converts — Republi cans William Cohen of Maine, Mark Andrews of North Dakota and Slade Gorton of Washington and Democrat Edward Zorinsky of Nebraska — came hours before the 5 p.m vote, giving Reagan his victory margin. It is the largest single foreign arms sale in U. S. history and one in which the diplomatic implications are yet to be felt, especially as far as future U.S.- Israeli relations are concerned. In a victory statement read in his Oval Office, Reagan said: “Today’s action by the Senate will not only strengthen Saudi-American rela tions but will also protect our economic lifeline to the Middle East, win favor among moderate Arab nations and con tinue the difficult but steady progress toward peace and stability in the Middle East. Reagan awoke at the White House Wednesday knowing he was within reach of victory, having received the support of 10 senators the day before, four of whom had either opposed or were leaning against the package. He resumed his search for votes Wednesday, making telephone calls and sending a letter to the Senate out lining a set of Saudi-American security arrangements on AW ACS, which will not be delivered to the oil-rich kingdom until 1985. At about 9 a. m. the Senate opened debate and an hour later received Reagan’s letter. Shortly before 11 a.m., Gorton switched and joined Reagan’s side and at 2:26 p.m. Cohen announced he would vote with the president, sealing the administration’s victory. Reagan could have won with just 50 votes, half the Senate’s membership. A majority was needed to pass the resolution of oppostion. The House ear lier passed a similar resolution, but both chambers had to oppose the package to veto it. Andrews and Zorinsky formally switched sides when the tally began at 5 p.m. After the tally was announced. Sen. Edward Kennedy, D-Mass., a defeated AWACS foe, said the about-face by so many members on so big an issue “is unprecedented in the time I’ve been here.” 13.4 percent increase in B-CS area Car insurance rates to rise Nov. 1 By RANDY CLEMENTS Battalion Staff Auto insurance rates for the Bryan- College Station area will increase 13.4 percent effective Nov. 1, but this will still be less than the 16.3 percent state average increase. However, for five segments of cover age in Bryan-College Station, the aver age increase is higher than the over-all state avarage. With a 19.6 percent increase, this area will have the largest rate increase in the state for liability coverage of bodi ly injury. Property damage liability will in crease 16.9 percent; personal injury will increase 12.7 percent; $50 deductible comprehensive will increase 23.1 per cent and $200 deductible collision will increase 11.4 percent. This is a 16.7 percent average in crease from the old rate for the same coverage. The State Board of Insurance, a 3- person board appointed by the gov ernor and approved by the senate, approved the increase because of the rising cost of repairs, parts, doctor bills and hospitalization, said Thomas Jack- son, assistant director of the board’s auto section. The board sets auto insurance rates. It reviews the rates every year by look ing at increases in costs for repair and increases in the severity of damages, he said. The cost of repair werit up at a faster rate than the amount of accidents has gone down, he said. “The number of accidents decreased last year, but the severity (amount of company has to pay for has gone up because of inflation, Jackson said. The rate increase is based on compar ing Class 1A, use of a vehicle for plea sure only, with the other classifications, the assistant director said. Jackson said it works on a distribution and redistribution system, redistribut ing premiums to groups having more expensive losses. And the total loss pic ture for the state is used to determine the rate, he said. Jeff Andrick, a State Farm Insurance agent, predicted the increase will not affect the volume of new business, but “There is little savings to lower liabil ity coverage,” he said, but there are ways to cut down the premiums. The higher deductible of comprehen sive and collision coverage the driver has, he said, the lower the premiums. Anything that places more risk with the insured driver and less with the in surance company will result in lower premiums, Andrick said. Also to pay lower premiums, he sug gested that car owners have cars re evaluated when they are seven years old or older. “The person may feel the car has reached a value that it isn’t worth having full comprehensive coverage on it. The best way to have the absolute lowest premiums is to have a policy with the absolute highest deductible offered,” he said. Buck Williams, with the Allstate Re gional Office in Dallas, said insured drivers can keep their premiums as low as possible by driving defensively. “Don’t speed, don’t have accidents, park your car in a protected area, lock your car when it’s parked and never leave your keys in the car,” he said. A person having one negligent acci dent in a three year period, with more than $200 damage, will receive a 15 per cent surcharge on their liability, he said. Two negligent accidents and the per son will get a 35 percent sucharge; three and it will be a 60 percent surcharge; and four or more in a three year period will result in a 90 percent surcharge, he said. A discount for car pooling, driver education from high school and having more than one car is also offered, he said. Andrick said taking a defensive driv ing course will lower the insurance pre miums about 10 percent for three years on liability, property damage, medical payments, personal injury protection and collision coverage. Lucy Batten, an ANCO Insurance agent, said the impact of the rate in crease hasn’t hit everybody yet. The increase will not go into effect on an individual basis until the next pre mium is due, she said. Reagan wins arms battle. Senate clears path for deal