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Serving the students and the University community since 1893
Jllffi ifjltf 111.
Check online to see the full list
of who voted for and against the
lottery bill calling for a referendum.
Volume 110, Issue 75
Ellie Kinnaird defeated Howard Lee
in the primary election by 119 votes.
Lee says he will stay
involved in the state
By Stephanie Poole
Sen. Howard Lee, D-Orange, offi
cially threw in the towel Tuesday after
noon, conceding the N.C. Senate
Democratic primary to Sen. Ellie
Kinnaird, also D-Orange.
After losing in the original primary
election and Monday’s recount, Lee
decided Tuesday against asking for a
Though both Orange County and
Chatham County board of elections offi
cials were willing to do another count,
Lee said he does not think a third tally
would significandy change the results. “It
was prolonging the inevitable,” he said.
The Lee campaign had observers in
both Orange and Chatham counties
Monday ensuring the recount was done
accurately and professionally, said Lee’s
campaign chairman, Josh Gurlitz.
“There is not much opportunity for
mistakes to have been made,” he said.
In a statement released Tuesday, Lee
said he believes his commitment to the
state budget in Raleigh took away time
he would have spent talking with dis
Lee said in an interview Tuesday that
his absence will be a loss in the Senate,
especially for higher education. “No
one will put in the time and energy (for
universities) that I have,” he said.
Lee added that he is reluctant to
leave the legislature. “I’ll leave in peace,
although I regret leaving because there
is a lot left to do,” he said.
Kinnaird said she was pleased with the
final primary result but that her victory
was not a joyous one because the Senate
will be losing a respected member in Lee.
Kinnaird said she is confident she will
win the Nov. 5 general election because of
the area’s dominant Democratic voice. “It
has been a sad and difficult campaign,”
she said. “But I am happy to be back.”
Lee said that during his remaining
time he will continue to be a vocal
advocate of education, especially as the
N.C. General Assembly hammers out a
budget for the 2002-03 fiscal year.
“My top priority is still to focus on
education, especially public schools and
See LEE, Page 2
Ramshead Work Brings Noise, Less Parking
Construction is to place utility lines for steam
The newest project in the trend of construc
tion on campus has left pedestrians dodging
cars and students with fewer parking spaces.
The project - located in front of
Carmichael Residence Hall - aims to install
utility pipes for steam and is a part of the
University officials said the construction on
Stadium Drive will not be complete until
Exhaustion and exasperation are frequently the handmaidens of legislative decision.
Back in Business
Ham's restaurant will reopen today after being
closed since May because of a fire.
See Page 7
More Cuts Likely for UNC
House Speaker Jim Black talks
to reporters about the budget.
■ mat -r::' 1 -
House Appropriations Chairman David Redwine (left), D-New Hanover, debates the lottery referendum with Rep. Martin Nesbitt, D-Buncombe,
Tuesday afternoon. Nesbitt voted with the majority against the lottery referendum, and Redwine voted for the referendum.
Lottery Bill Fails by Wide Margin
By Elyse Ashburn
State & National Editor
RALEIGH - Despite months of backroom political
wrangling, Democratic leaders’ efforts were overturned
Tuesday when a bill calling for a lottery referendum
was overwhelmingly defeated in the N.C. House.
House members voted 69-50 -with all but three
of the chamber’s Republicans teaming up with 14
Democrats - to reject a bill calling for a nonbinding
referendum on the Nov. 5 ballot that would have
gauged voter support for an education lottery.
Lawmakers had until today to pass the lottery bill to
ensure that the referendum appeared on the ballot.
The vote came as a blow to Gov. Mike Easley’s
efforts to find more funding for education programs.
“It is unbelievable that the legislature would deny
the people of this state the right to vote on a lottery,”
The Ramshead parking deck, which is sched
uled to be completed in 2005, will be a three-
level parking complex
with 700 parking
spaces and proposed
shopping areas and
Conclude Oct. 5
See Page 5
which now occupies the traffic lane closest to
Carmichael on Stadium Drive, will shift to the
center of the street by late October and to the
Wednesday, September 18, 2002
Failed lottery sends lawmakers
scrambling to downsize budget
By Elyse Ashburn
State & National Editor
RALEIGH N.C. House and Senate budget writers
headed back into conference Tuesday night after a failed
lottery referendum bill forced them to the cutting board
once again to trim another S7O million -a portion of which
likely will come from the UNC-system budget.
“By virtue of not having a lottery, we have to make an
additional S7O million in cuts,” said Senate Appropriations
Chairman Howard Lee, D-Orange.
Lawmakers had said Monday that lottery revenue was
not tied to any appropriations in the conference budget,
which has yet to be released publicly.
But without the lottery revenue the budget wilfbe left
Easley stated Tuesday in a press release. “I hope that
those members who voted against the bill will now
offer an alternative solution since they have refused
to offer any viable solution for the past two years.”
House Speakerjim Black, D-Meddenburg, said he
was disappointed with the vote because citizens should
be given the right to indicate their opinion on a state
lottery. “I still think the people of the state deserve the
right to be heard (on this issue),” Black said. “I think it’s
a disservice to not allow the people to speak.”
But Rep. Michael Decker, R-Forsyth, said the
push to approve the lottery referendum had nothing
to do with voters’ freedom or even with the neces
sity of additional funding for education programs.
Democratic leaders have been criticized by House
Republicans for attempting to put a lottery referen
dum on the Nov. 5 ballot to attract more Democratic
leaning citizens to the voting booths. “I think this bill
opposite lane beginning in late November.
In addition to causing pedestrian and traffic
problems, the project has eliminated about 20
student parking spaces.
Jerry Riggan, superintendent of Midadantic
Construction, one of the companies working
on the project, said students with Stadium
Drive parking passes were notified two weeks
in advance of the construction.
Officials said there are no surplus parking
spaces to accommodate them during this con
Many of the students said Tuesday - over
the roar of heavy machinery - that they are
bothered by the construction.
Davidson for ninth win.
See Page 4
$ 110 million in the red and as2 billion hole in the 2002-03
fiscal year budget will go partially unfilled.
Legislators had predicted that lottery revenue would
cover S7O million of the remaining shortfall while the
source of the other S4O million remained unclear.
Legislators had said they would force Gov. Mike Easley
to make any additional cuts to state agencies, but after the
lottery’s failure in a 69-50 vote Tuesday, lawmakers
reversed their earlier decision.
House Appropriations Committee Chairman David
Redwine, D-New Hanover, said legislators decided that
leaving sllO million in cuts up to Easley’s discretion might
not be a wise decision.
“We, in the end, might not end up wanting to cut some of
the things he wants to cut,” he said. “We’re back to the table.”
Redwine said that conferees will consider a wide range of
options and that no agency is above further scrutiny. “There
are a lot of different things that could be done,” he said.
See BUDGET, Page 2
and putting it on the ballot in November has every
thing to do with influencing the election and nothing
to do with the lottery,” Decker said.
Some legislators said the vote should not have
been about ideology but about addressing the reali
ties at hand in a state with a $2 billion budget short
Rep. David Redwine, D-New Hanover, said
denying residents a chance to endorse an education
lottery is equivalent to directly sending much-need
ed revenue to other states.
“Why in the world would we in North Carolina
want to have a perverse kind of foreign aid,” he asked.
“On the moral issue, I agree it’s probably not the right
thing to do, but people have already chosen to do so.”
Democratic leaders made a last-ditch effort to pass
See LOTTERY, Page 2
Freshman Ada Wilson, who lives in Hinton
James Residence Hall, said the noise is the
worst part of the construction.
“(The construction) is really annoying,” she
said. “When you walk it’s really loud. My
friend, who lives in Morrison (Residence Hall),
says she can hear it all the way over there.”
Allison Meyer, who lives in Avery
Residence Hall and received an e-mail about
the construction, said she also is bothered by
“It’d be nicer if they could have the done
the construction in the summer when not as
See STADIUM, Page 2
Wednesday: T-Storms; H 79, L 62
Thursday: Cloudy; H 82, L 66
Friday: T-Storms; H 84, L 61
Says suit on summer
reading is now moot
By Meredith Nicholson
Assistant University Editor *
University legal representatives filed
a motion last week to dismiss charges
that the summer reading program vio
lated the separation of church and state
because the event is over.
The lawsuit, which is pending in a
Greensboro federal court, alleges that
the UNC summer reading program vio
lates the First Amendment of the U.S.
Constitution by requiring students to
read selections from the Quran,
Freshmen and transfer students were
required to read and discuss
“Approaching the Qur’an: The Early
Revelations,” translated and introduced
by Michael Sells, which consists of 35
suras, or short passages from the chief
holy book of Islam, as part of orienta
tion their first weekend on campus.
A 4th U.S. Circuit Court of Appeals
judge upheld Aug. 19 Judge N. Carlton
Tilley’s denial of the Family Policy
Network’s request for an injunction
blocking the discussion sections, allow
ing them to go on as planned.
After the ruling, Joe Glover, president
of FPN, said officials planned to continue
fighting. “Our greater goal is to re-estab
lish a precedent that you can not require
students at a publicly funded university to
submit to any sort of religious indoctrina
tion,” he told The Daily Tar Heel.
The motion to dismiss the charges
states that the plaintiff’s claim is moot
because it is based on activities that
already have occurred.
A case is moot when the issues present
are no longer “live” or the parties do not
have a legally recognizable interest, or
personal stake, in the outcome, it states.
For there to be an exception, the case
must meet two criterion: the challenged
action must be too short for litigation to
be executed before the action is com
pleted and there must be “a reasonable
expectation that the same complaining
party would be subjected to the same
The motion states that this case does
not meet the first criteria because the
anonymous students named in the case
were informed of the requirement May
15 and the activities ended Aug. 20.
The case does not meet the second
qualification for an exception because
the students have now “graduated”
from the program and will never be
subject to it again, the motion states.
“It is indisputable that these plaintiffs
will not be again subjected to the action
for which they are seeking relief," the
Tilley has not yet ruled whether the
two N.C. taxpayers listed as plaintiffs -
James Yacovelli and Terry Moffitt - are
entided to sue.
But the lawsuit states that even if the
See QURAN, Page 2
sjpii > y
Construction on Stadium Drive is an inconvenience
for University bikers and pedestrians.