First Presbyterian Church
Grand Opening
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Thursday & Friday
11 am-5 pm
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846-TAMU
317 Patricia
Next to Kinko's
Northgate
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1701 South Texas Ave.
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779-2822
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846-5816
415 West Univ. Dr.
Financing Avail.
Parking Behind Store
Page 4/The Battalion/Thursday, February 7, 1985
Appeals court kills
‘vague’ beer law
Associated Press
AUSTIN — The state ban on beer
sales to druriken customers is uncon
stitutional because it could be used
to forbid beer sales to the “soused or
the sober,” the Texas Court of Crim
inal Appeals ruled Wednesday.
The law makes it illegal to sell
beer to “a person showing evidence
of intoxication.” That could include
almost anyone, according to the ap
peals court.
“Slurred speech, bloodshot eyes, a
staggering gait or simple drowsiness
are each individually ‘evidence of in
toxication,’ but common experience
teaches us that each may be demon
strated by the intoxicated or the
abstemious, the soused or the
sober,” Judge Chuck Miller said in
the majority opinion.
In a 6-3 vote, the court reversed
the conviction of a Houston man
Fined $200 for selling beer to a
drunken customer.
David Leon Cotton’s appeal com
plained that an “overzealous police
officer’can determine that anyone
shows ‘evidence of intoxication’ and
can use the proscription as a subter
fuge for the arrest” of Alcoholic
Beverage Commission license-hold
ers and their employees.
Miller agreed there is doubt in the
law as written.
“A statute which forbids or re
quires the doing of an act in terms so
vague that men of common intelli
gence must necessarily guess at its
meaning and differ as to its applica
tion violates the first essential of due
process of law,” said Miller.
ABC officials said they would
have to look at the decision befbre
calculating its effect.
“The commission and all law en
forcement agencies have for years
been following the typical standard
(for determining who’s drunk) —the
slurred speech, the staggering
gait...,” said Joe Darnall, executive
assistant to the ABC administrator.
“Wq, would have to take a look at
where we stand on intoxication in
light of this ruling,” he said.
Miller’s opinion said the current
law might make it illegal to sell a
beer to customers with alcohol on
their breath.
“Our inability to answer these
questions, except with a guess, dem
onstrates clearly that the law is un
constitutionally vague,” he said. “As
currently enacted, a retail dealer li
censee must simply guess at the stan
dard of criminal responsibility.”
In a concurring opinion, Judge
Marvin Teague urged lawmakers to
quickly amend the law, which he said
“unquestionably is needed to protect
some of our citizens.”
“Without question, to uphold such
a statute as we have here would per
mit an overzealous member of law
enforcement to unlawfully invade
the privacy of some of our citizens,”
said Teague.
Presiding Judge John Onion, in a
dissent, said the Taw is not vague be
cause it can be interpreted through
“common usage and understand
ing.”
Business Week
Kyle Coldren, a marketing/finance major and vice president
of the business student council, holds a collection of reports
and brochures from some of the 68 companies attending the
6th Annual Business Career Fair in the Blocker Building.
A&M offers mediation program
By CATHY RIELY
Reporter
Students now are offered help in
solving student-to-student conflicts:
the Student Mediation Service.
Chairman of the Student Media
tion Service Committee Bill Kibbler
said the mediation service is de
signed to provide student mediators
as impartial third parties in student-
to-student conflicts.
“The theory behind mediation is
that between any two conflicting
people, there are points of compro
mise,” Kibler said.
When solving conflicts, student
mediation is a less traumatic alterna
tive than the student legal advisor,
small claims court, intervention by
university administrators or a fist-
fight, said Kibbler, assistant director
of student affairs.
The idea for the service was sug
gested last semester by a worker in
the Off-Campus Center.
Students wanting to use tne serv
ice can fill out applications available
in 108 YMCA, the Off-Campus Cen
ter, the Department of Student Ac
tivities or the students’ legal advisors
offices located on the third floor of
Bizzel Hall.
Once the completed application is
returned, a member of the Student
Mediation Service Committee will
talk with the student and make an
initial determination of whether the
service can help.
“They will then contact Jan Win-
niford (assistant director of student
affairs) or myself,” Kibler said. “We
will assign a coordinator to the case.
This can be the person who did the
initial intake or another member of
the committee.”
The case coordinator then assigns
two of the 12 student mediators to
the case and sets up a time when all
four can meet. Kibler said two me
diators are used because studies
have found that the team approach
is more effective. Sometimes the in
dividual case will be taken into ac
count when assigning mediators.
“For instance, research has shown
that same sex mediators works bet- Neither student is allowed to inti
ter,” Kibler said. “We also take into rupt the other,
account whether the problem is an I he mediators then talk tot)
on-campus or off-campus problem students one at a time. They doit|
and assign mediators accordingly.” come up with suggestions but willte
Of the 12 mediators, seven are ten lor common points t!
women and five are men. Seven are agreement, he said,
off-campus students while five are The mediators will continue it
on-campus students. Three media- talk to the students one at a timeul
tors are seniors, three juniors, five til an agreement can be made, Atlt
sophomores and one is a graduate end of each individual session, tli
student. mediators ask the student if anf
Kibler said the 12 students were thing was said during the stm
chosen from 30 applicants. Those 12 that he doesn’t want the other stf
have completed 18 hours of train- dent to know,
ing, and each has made a one year “This is even if the mediators fel
commitment to the job. Mediating is that what was said should beoutt
strictly volunteer, there are no sala- the often,'' Kibbler said. “Ifthesitj
ries and no college credit is offered. dent wants what he said keptsecref
“One of our long range goals is it will be. Integrity is maintained.”
for the mediators to receive aca
demic credit for their work,” Kibler When a compromise has betl
said. “Our projection is that it will reached, all (he students involrtt
warrant that.” with the conflict and the mediator:
sign a written agreement. Eachsiij
A mediation session begins with dent will get a copy and the semi
the students telling their skies of the keeps one. All notes taken duriii|
story and their preferred end result, the session will be destroyed.
Local group helps women
contend with breast cancer
By KAY WHIGHAM
Reporter
Women who have had breast can
cer may take advantage of local serv
ices offered by the Reach to Recov
ery program sponsored by the
American Cancer Society.
Trisha Blackman, secretary for
the district office in Bryan, said the
rehabilitation program has served
13 different counties in Texas since
1976.
Statistics show one out of 11
women has breast cancer during her
lifetime. In 1984 an estimated
115,000 new cases and 37,300
deaths were recorded.
If not detected early enough,
breast cancer, the leading cause of
cancer deaths, can spread to the
lungs where it may lead to terminal
illness.
Blackman said women who stand
a high risk of having breast cancer
are usually over the age of 50, have
had a personal or family history of
the disease, have never had a child
or have had their first child after the
age of 30.
Blackman also said patients with
breast cancer experience the follow
ing symptoms: lumps, swelling, skin
irritation, distortion, scaling, dis
charge and pain or tenderness of the
breast.
Margaret Lambert, coordinator
for Reach to Recovery, said the staff
must hkve a doctor’s written permis
sion to call upon a patient.
Records are kept on all individual
patients who enter into the program.
Most of the working staff consists
of trained volunteers who have had
breast cancer at one time or another.
Each volunteer must be fully recov
ered and wkit 2 years after an opera
tion before working with patients.
Lambert said many cancer pa
tients are affected emotionally and
are scared and afraid of dying.
Hence, the program is not only de
signed to help a patient physically,
but mentally as well.
Other programs include “I Can
Cope,” which is organized to help
patients and their families, and Can-
surmont, which involves patients
helping patients.
Each program is six sessions and is
free of charge.
Bright bummed out about bank
takeover try; but offer still stands
Associated Press
DALLAS — H.R. “Bum” Bright’s crusade to create a
“financial juggernaut” stumbled this week when Dallas
Federal Savings rebuffed his $98.6 million takeover
bid.
But Bright — chairman of the A&M Board of Re
gents, principal owner of the Dallas Cowboys football
team and head of a financial empire that includes sav
ings, insurance, title, mortgage, truck-leasing and other
companies — said Wednesday he’s still interested in
Dallas Federal.
“I feel it was a good offer for them. I just hope they
will reconsider it,” said Bright, owner of Bright Savings
Association.
“Their shareholders bought this stock two years ago
(when Dallas Federal went public) for a little better
than $12,” Bright sJid. “Under our proposal, they’d get
2'/2 times that amount.”
Dallas Federal announced Tuesday it had rejected
Bright’s offer for the savings association to enter a non
binding understanding for acquisition of all of its out
standing stock.
A combination of Bright Savings and Dallas Federal
would have created the second-largest savings associa
tion in Texas, with more than $4.4 billion in assets.
Akins said Wednesday in a prepared statement Dal
las Federal rejected the offer because it did not have
time to adequately consider the proposal or the price.
Dallas Federal is protected from takeover attempts
by federal regulations that prohibit unapproved take
overs during the first three years a company is publicly
traded. The bank completed its first stock offering in
November 1983.
Bright proposed to purchase Dallas Federal through
his ownership of Bright Savings, which was formed
with the $86.8 million takeover late last year of Texas
Federal Financial Corp. by Bright’s Trinity Banc Sav
ings.
By combining the financial services, Bright said he
intended to create a financial “juggernaut,” with inter
ests in banking, leasing, mortgage banking, title compa
nies, insurance and real estate development.
Big Event
planned
for March
By DARYN DEZENGOTITA
Reporter
More than 120 organizations-
including about 5000 students-
are expected to participate in Stu
dent Government’s 1985 Big
Event on March 2.
Each year, the Big Event com
mittee organizes a full day ot
service projects for A&M stu
dents to complete, says Marin
Pena, committee chairman. Tht
projects include making repairs
and cleaning hospitals and citt
parks, and some groups willassisi
the elderly.
Pena said certain groups have
expressed a special interest in cer
tain types of work.
For example, a building trades
organization would like to gei|
some practical experience while
they participate in the project.
The number of groups whicli
will participate is unknown, Pena
said. Several organizations find
their own projects rather than]
having the committee arrange the
projects.
Pena said the comniitte is still
receiving service requests and is
in the process of matching groups
to services. Pena says she plans to
have all requests in by Feb. 12.
“It isn’t hard to find people
who need services,” Pena said.
“ They usually come to us. After
reading ads in The Eagle, they
contact the Student Government
office.”
Students interested in working
with the Big Event should contact
their dorm activity coordinators,
club officers or student senators.
Pena also said she recently
learned Pennsylvania State Uni
versity is sponsoring a similar
program modeled after A&M’s.