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Balcony Smoking Ban Violates State Law
University housing's ban on
smoking on residence hall
balconies conflicts with a
state law passed in 1993.
By Jessica Jones
Staff Writer
University resident assistants have
been enforcing an unofficial no-smoking
policy on South Campus balconies for
years. But when University' administra
tors made the policy official last spring,
they unwittingly broke state law.
UNC officials violated a section of
Article 64 under the NiC. General
Assembly which indicates that the
University’s decision to ban balcony
New Chief
Chosen in
Carrboro
Capt. Carolyn Hutchison will
become Carrboro's first
female police chief when
she is sworn in Tuesday.
By Robin Ci emovv
Staff Writer
Capt Carolyn Hutchison was named
Carrboro police’s new chief at the
Carrboro Board of Aldermen meeting
Tuesday.
Carrboro Town Manager Robert
Morgan announced the decision to pro
mote Hutchison, who has served as
interim chief since Ben Callahan’s
retirement in August.
When Hutchison is sworn in
Tuesday, she will become the first
female chief at the department, but this
was not a consideration in the decision,
Morgan said.
“It’s not been a factor in my decision
making process,” he said. “I’ve just been
looking for the best person to fill the
position, and she was it.”
Carrboro Mayor Mike Nelson
voiced political support for Hutchinson,
agreeing that she was the best candidate
for the job. “I think we are very lucky to
have her,” he said.
Morgan said Hutchison was selected
from six finalists for the position
because of her experience, proactive
approach to law enforcement and
understanding of the community.
“In the three times I’ve done this in
my career, these were the best candi
dates for a small town department that
I’ve ever seen,” Morgan said. “We had
six very outstanding applicants for the
position, and Carolyn Hutchison beat
those people out.
“I think Carolyn has a good vision
for the department in the future.”
Hutchison said that vision included
keeping good communication between
citizens and the department.
“I anticipate that we will continue to
enhance our participation with the com
munity,” she said.
Morgan included Hutchison’s com-
Lorence: Student Fee Use Illegal
Jordan Lorence defended
students arguing against
mandatory student fees at
the University of Wisconsin.
By Colleen Jenkins
Staff Writer
Washington attomeyjordan Lorence
used the words of Thomas Jefferson to
argue his position against mandatory
student fees Tuesday night.
“It is error alone which needs the sup
port of government,” he quoted. “Truth
can stand for itself.”
Lorence, who gained national recog
nition when he defended three students
smoking is an illegal amendment to its
original 1993 smoking ban.
The Resident Hall Association has
not officially removed the smoking ban;
therefore, the illegal ban still applies to
residents.
When contacted about the issue
Monday, University Counsel Susan
Ehringhaus said she wasn’t familiar with
the ban. “That policy did not go through
my office; it is a housing policy.”
But after conducting further research,
Ehringhaus agreed Tuesday that the
University was in violation. “I have
reviewed it, and it is not consistent with
the law. I sent it back to housing.”
The General Assembly enacted
Article 64 on Oct. 15,1993. It states that
any state-controlled building, such as the
University, that was declared non-smok-
lIHV fUSI cl
DTH/DAVID SANDLER
Carolyn Hutchison, the new police chief of Carrboro, will be sworn in
Tuesday morning. Hutchison previously served as a captain.
munity involvement and communica
tion skills in his list of factors that deter
mined his decision to promote her.
Nelson also stressed the established
relationship Hutchison had with the
Carrboro community.
“I don’t think it can be overstated
how well-respected Carolyn is in the
community,” Nelson said.
Out of Hutchison’s 14 years at the
department, she spent the past seven
years as a captain. She holds a master’s
at the University of Wisconsin in their
fight against required student funds,
spoke to 20 students at a speech spon
sored by Students for Life and Liberty.
He said it was unconstitutional for
UNC and other universities to force stu
dents to pay for a private organization’s
political or ideological advocacy,
according to the seventh circuit court
and U.S. Supreme Court.
Fee distribution debate has been so
intense at UNC that it even sparked
some Congress members to leave their
session to hear Lorence’s speech.
Lorence pointed to examples like the
Student Environmental Action
Coalition’s newsletter endorsing Rep.
Eleanor Kinnaird, D-N.C.
“There are groups to me that seem to
Liberty is the right to do what the law permits.
Montesquieu
Wednesday, November 11, 1998
Volume 106, Issue 115
ing had to desig
nate 20 percent of
its interior space as
a smoking area.
A statute in the
article states that
valid local laws,
rules or ordi
nances enacted
before Oct. 15,
1993, are not sub
ject to Article 64.
The University
imposed its smok
ing ban on all
University facili
ties except resi-
University Counsel
Susan Ehringhaus
said the balcony
smoking ban was
inconsistent with
state law.
dence hall rooms on Oct. 14, 1993, the
day before the state law was passed.
But the University banned smoking
degree in public administration from
UNC.
But Morgan said the work Hutchison
had done in and out of the department
was the main basis for her good reputa
tion, which would make her promotion
easily accepted.
“I think its going to be well received
by both the community and the depart
ment,” Morgan said.
See CHIEF, Page 8
engage in clear advocacy that the court
would object to,” he said.
While he said he beleived groups had
a right to express their views, Lorence
said the present system for student fees
made distribution an arbitrary process
within student government.
“Organizations should be able to gen
erate support instead of battling to prove
who’s more important,” he said.
“It’s an impossible judgement to
make, who’s more worthy.”
Lorence discarded the idea that the
Wisconsin students’ suit against the
University was a right-wing plot to cen
sor groups that they did not like.
“We only have received rights for
See LORENCE, Page 8
on residence hall balconies, even though
the law states that no local ordinance or
rule - even if enacted before Oct. 15,
1993 - may be amended “to impose a
more stringent standard than in effect on
the date of ratification of this Article.”
The original smoking ban restricted
smoking in all University facilities
except in residence hall rooms, accord
ing to a memorandum from Chancellor
Paul Hardin on Nov. 19, 1993.
Allan Calarco, associate director of
University housing, said Department of
University Housing officials considered
the area extending a few feet past the
building as the “immediate environs” of
the hall. “Do students believe the bal
cony is a part of the building? I would
See SMOKING, Page 8
Congress Resolution Calls
For Stricter Parking Rules
If adopted by UNC, students
without permits would have
to move their cars from four
lots by 11:30 p.m. Sundays.
By Andrew Meehan
Staff Writer
Student Congress passed a resolution
Tuesday calling for the Department of
Public Safety to start ticketing cars with
out permits on Sunday nights in four
campus lots.
If the department enacts the policy,
students who had been able to park in
the lots on weekends until 7:30 a.m.
Monday would have to move their cars
by 11:30 p.m. Sunday.
The four affected lots would be the A
lot in front of Aycock Residence Hall, K
lot near Ehringhaus Residence Hall, M
lot near Hinton James Residence Hall
and L lot near Morrison Residence Hall.
Rep. Jason Arnold, Dist. 13, intro
duced the resolution. He parked in the
M lot last year and parks in the K lot this
PR Gate Woes Cause
Lot to Remain Open
By Brian Bedsworth
Staff Writer
Despite the recent break-ins of near
ly 40 cars in the PR parking lot on Estes
Drive, anew problem with the gates to
the lot will force them to remain open
indefinitely.
Randy Young, marketing specialist
for the Department of Public Safety, said
an alignment problem, which occurred
some time last week, had caused the
gates to not open or close properly.
He said work to repair the gates start
ed on schedule last Thursday. “Until
such time as the gates are functional,
they have to be left open,” Young said.
0}
I'lli M W t 1 MU S
Attorney Jordan Lorence speaks to students in Manning Hall on Tuesday
evening about the allocation of student fees.
Up in Smoke
Susan Ehringhaus said the University's policy enacted last spring banning smoking on
residence hall balconies was inconsistent with a state statute passed on Oct. 15,1993.
Because the balcony smoking ban adds more restrictions to the University's existing smoking
policy, it is illegal according to N.C. General Statutes, Article 64.
'This article shall not supersede nor prohibit the enactment or enforcement or any other
wise valid local law, rule, or ordinance enacted prior to October 15,1993, reg
ulating the use of tobacco products. However, no local law, rule or ordi
nance enacted and placed in operation prior to October 15,1993, shall be
amended to impose a more stringent standard than in effect on the date
of ratification of this article.”
—North Carolina General Statute 143-601 (a)
~1111
year, he said. The lots were often so full
on Sunday nights that even after mid
night, students with permits could not
find a place to park their cars, he said.
Cars without permits for those lots
are ticketed from 7:30 a.m. to 5:30 p.m.,
Monday through Friday. Arnold said
many students without permits wait
until 7:30 the next morning to move
their cars, preventing students with per
mits from finding spaces until that time.
Speaker Brad Morrison, who lives in
Ehringhaus, said
some students
without permits
would not move
their cars in the
morning and
received tickets.
But the students
with permits also
got tickets because
they could not find
places to park, he
said.
“I think this is a very bad bill.
The problem is that Rep.
Arnold did not want to have to
get up at 7:30 to move his car.”
Preston Smith
Rep. Dist. 16
“I think this bill is very needed,” he
said. “I have gotten several tickets on
Monday morning.”
Security concerns were raised after
nearly 40 cars parked in the PR lot were
broken into after the gates were left
open Oct. 10.
University Police Maj. Jeff
McCracken said he was not sure how
long it would take to repair the auto
matic gates. He said there would be a
guard on duty 24 hours a day to ensure
the car safety while the gates were open.
McCracken said the gates, designed
to open automatically for cars, had
caused problems for people leaving the
lot, because they could not trigger the
gates’ automatic opening mechanism.
See GATES, Page 8
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Chapel Hill, North Carolina
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All rights reserved.
Rep. Evan Sloan, Dist. 16, objected to
the resolution. He said weekends were
the only time some students could park
their cars on campus, and those with
permits knew the times they could use
them when they bought them.
Rep. Preston Smith, Dist. 16, said the
resolution was an attempt by a few stu
dents who did not want to move their
cars in the morning like everyone else.
“I think this is a really bad bill,” he
said. “The problem is that Rep. Arnold
did not want to
have to get up at
7:30 (a.m.) to
move his car.”
Arnold said stu
dents without per
mits for lots
named in the reso
lution had other
options. “For
every one of these
lots, there is an
employee or commuter lot nearby.”
The University Editors can be reached
at udesk@unc.edu.
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Wednesday
Double Threat
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jgyjj
A lethal combination of offense and
defense, Shannon Smith (15) and Liz
Feldman have helped move UNC’s
volleyball team to the top of the ACC
standings. See Page 11.
Botany Meets Art
O
Artists
present
their
artwork
in the N.C.
Botanical
Garden's
sculpture
display,
running
until next
week. See Page 6.
Today’s Weather
Morning Showers;
High 60s.
Thursday: Mostly sunny;
Lower 60s.
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