Sunny at last
Mostly sunny, cool and
breezy. Highs in the upper
50s. Lows in the mid 30s.
The Chancellor's Awards will
be presented this afternoon
at 2 in the Morehead Building.
Copyright The Daily Tar Heel 1983
Serving the students and the University community since 1893
Volume Tlssuo S2T 3
asks to park
cars on field
By LIZ LUCAS
. Assistant Unhmrfty Editor
Cars will be parked on Carmichael Field
on football Saturdays next fall unless plans
by representatives from the Carolina
Athletic Association, Student Govern
ment, the Sports Club ' Council, the In
tramural Association 'and other students
The Rams Gub, an alumni organiza
tion, has asked for the use of Carmichael
Field for parking during football games,
Student Body President Kevin Monroe
said Monday at his weekly cabinet meet
ing. These spaces will be in addition to
parking spaces already used on Ehringhaus
Field, the only other non-varsity athletic
field on campus, he said. Extra spaces are
needed for Rams Club members because
of the increased number of club donors to
the Student Activities Center, Monroe
The problem of parking on Carmichael
Field is only a short-range issue of the
long-run problem of cutting down on the
area available for the average student for
recreation, Rugby Club coach Tom
Ricketts said Tuesday night at a meeting of
concerned students and campus leaders.
"Last year James Field succumbed a
year early to a bulldozer to accommodate
the Student Activities Center
construction," he said. "Money was
donated to pay for new athletic fields on
the sixth and seventh holes of the old
Finley Golf Course, but the fields are a
year late in coming and will be limited to
use by varsity athletes only.
"What it boils down to is we have
20,000 (students) and an area equivalent to
only three-and-one-half football fields for
everyone to do their .archery and other
sports on," Ricketts said. "It seems that
this type of general recreation has taken a ,
backseat in the University community."
Parking on Carmichael Field is just
another example of the University's taking
away recreation space from the students,
" Ricketts said,;::;-i:'vx .:':
A proposal for Rams Club parking on
. Carmichael Field first emerged last sum
mer, 1982-83 Student - Body President
Mike Vandenbergh , said Tuesday after
noon. The proposal did not go through the
proper administrative channels, so it was
not acted upon, he said.
"I also thought that the parking might
damage Carmichael Field and expressed
my opinion to the Board of Trustees,"
Vandenbergh said. "I felt the dangers of
parking there were too great to let go by." '
John Temple, former vice chancellor of
business and finance, also helped sway the
decision not to allow parking on Car
michael Field because he expressed con
cern about the underground irrigation
system for the field, Vandenbergh said.
Parking on Carmichael Field could
cause the same problem, Ricketts said.
"Maintenance and grounds crews have
guaranteed me that parking will destroy
the underground watering system on Car
michael Field," Ricketts said.
Besides concerns about field main
tenance, student safety should also be con
sidered in connection with parking on Car
michael Field, said Julie Trotter, chairman
' of the CAA Intramural Council.
Though the Rams Club has agreed to
uphold several rules when parking on Car
michael Field, such as by parking on only
half the field and alternating each week
and by promising not to park on the field
when it is extremely wet, the Rams Club
would not agree to ban tail-gating on Car
michael Field, Trotter said. Tail-gating can
be dangerous to the students who use the
fields during the week because of the care
less discarding of glass and pull tabs from
cans, she said. ''
Representatives at the Tuesday night
meeting plan to do something about both
' the short-term problem of parking and the
long-term problem of dirninishing recrea
tion space for students by having students
See PARKING on page 3
Wednesday, April 20, 1983
Chapel Hill, North Carolina
; ..::. w- ::: :-
''ft' s .
, y yJ
DTHWChartes W. Ledford
William Lanier, age 6, sits on the lap of senior David Morris
... William earned a blue ribbon in the Special Olympics Tuesday
one's a winner
ipeeial Olympics sets goals
By SARAH RAPER
Two groups left Fetzer Field Saturday, cheered
by a large enthusiastic crowd: the winners, a vic
torious Tar Heel lacrosse squad, and the losers, a '
team from Baltimore, Md.
Tuesday,, the soggy field was covered with
athletes again. Most of these athletes were
younger, and the spectators were fewer but no less
The big difference between Saturday and Tues
day was that each participant in the annual Orange
County Special Olympics track and field contest
left with an assortment of colored ribbons they
were all winners.
The participant ribbons fluttered as Eddie the
Clown, sporting an orange jumpsuit, Carolina
blue tennis shoes and an orange fireman's hat
decorated with stickers, pinwheels and Tar Heel
cutouts, called the coaches and participants onto
the field for the opening ceremonies. As the
Culbreth Junior High School Band struck up the -theme
of the Olympic games, the parade of
athletes began. V'..'.
. The parade lacked the tin soldier precision of the
international Olympic games: Coaches and partici
pants, some on crutches or in wheelchairs, fol-
lowed the clown to the end of the field for warmup
toe touches and jumping jacks.
North Carolina Special Olympics is a physical
fitness program providing athletic competition for
mentally retarded children on the local and state
levels in a variety of sports.
Seventy young people, 5 to 20 years old, partici
pated Tuesday, said Caryn Messinger who or
ganized the local competition through the Chapel
Hill Parks and Recreation Department.
"It's a chance for kids, all of whom are in
special education classes, to be recognized for
working hard for a goal," Messinger said.
She added that the interaction with the
volunteer coaches was also important. Most of the
coaches were UNC students. '
UNC junior William Harris said he responded
to an advertisement in The Daily Tar Heel and
volunteered to coach Chris Lanier, 8, once a week
for six weeks in the 25-meter run and the standing
broad jump. ' " '
- Harris and Chris waited on the sidelines cheering
the other participants with Chris's teacher, Lesley
Ray, until "Chris Lanier ... Lane 1" blared Over
the megaphone. Harris and Chris took their posi
tion at the starting line and Ray went to the finish
line. . v' ' :
Chris trembled with excitement as Harris leaned
over for a last word of encouragement. The gun
fired. Less than a minute, later, Chris crossed the
finish line and fell into Ray's arms.
See OLYMPICS on page 3
-1L JL .
By JOSEPH EERRYimX
' A recent U.S. Appeals Court decision has upheld
UNCs right to fund The Daily Tar Heel through
'mandatory student fees.
The decision, made by the U.S. Fourth Circuit
Court of Appeals on March 10, affirmed a 1982 dis
trict court decision which rejected a contention that
using mandatory student fees to fund the DTH was
The Student Constitution at UNC provides that a
minimum of 16 percent of student fees be appro
priated to the DTH.
The appellants of the lawsuit which questioned
the funding of the DTH were three UNC students
Richard J. Kania, Jay A. Kania and Michael.
Morris. Jay Kania, now a first-year law student, is
' the only appellant still enrolled at .UNC
The students brought the suit against University
officials, including Chancellor Christopher C. Ford
ham III and President William C. Friday.
The students claimed that the partial funding of
the DTH with student feels compelled them "to ad
vocate views with which they disagree, in violation
of the 14th Amendment," according to the written
opinion. ;, '
The 14th Amendment to the U.S. Constitution
states in part that, "No State shall make or enforce
any law which shall abridge the privileges or im
munities of citizens of the United States
i Richard Kania explained why he opposed fund
ing of the DTH through mandatory student fees.
"I'm being forced to support editorial opinion
that I don't agree with and so are many other
students," he said. -
Kania, now an attorney in Sanford, said that dur
ing his seven years at UNC, some DTH editors were
hostile to conservative opinion.
"It was kind of discouraging that every year the
editorial opinion of the Tar Heel was consistently
liberal," Kania said.
The court rejected these contentions. "The Uni
versity's imposition of student fees is not designed
plans to appea
By PERRY TWISDALE ,
. : Staff Writer
Russell N. Perry, associate director of operations
for the UNC Housing Department, said Tuesday that
he had been fired from his position.
Perry said he would appeal the dismissal through
the University's grievance process, which ' requires
him to file an appeal with his immediate superior
within 20 days. v ;
Perry said that he received notice of the dismissal
Monday afternoon from Jody Harpster, acting direc
tor of housing. Harpster asked him to resign the of
fice after accusations of misconduct, Perry said. He
refused and was dismissed from his position, Perry
said. : '
Harpster refused to comment directly on the inci
dent Tuesday, citing a state law which prohibits state
employees from discussing personnel matters.
An article published last week by TheN.C. Land
mark, stated that Perry had allowed an employee to
use a shop planer for personal use.
Perry denied any misconduct and said that the
planer never left the campus.
"There has been no violation of University policy
by me," Perry said.
Harpster said that any investigation that may have
occurred did so prior to any report in the local media.
Under normal grievance procedures an employee
files a first-level appeal with his department head,
Harpster said. Harpster is the current director of the
Housing department and Perry's superior.
'After appealing a dismissal to a department head,
an employee may then file the appeal with the Uni
versity personnel department. If the appeal is again
rejected, the employee may continue to appeal the
dismissal through the University grievance committee
and finally to the state personnel commission.
Perry said that he would take all steps to appeal
the dismissal.' ' : .
"What I am most concerned about is that I have
worked with the University for 25 years," Perry said.
"I think it has been quality work and I hold quite a
bit of responsibility.
"I was given one day notice of the firing, and I
find that particularly insensitive,'' Perry said.
Perry received a written reprimand and a written
warning earlier this year following an investigation of
possible misuse of University resources. The same in
vestigation resulted in the one-month suspension of
Vice Chancellor for Student Affairs Donald Boulton
after Boulton had University employees install tile in
his home kitchen.. ! - .
Perry was reprimanded after he approved the em
, pioyees time sheets for the day the tile was installed.
Harpster said Tuesday that he had no knowledge
of any formal investigation leading to Perry's firing
and refused to confirm the firing.
Chancellor Christopher C. Fordham III also re
fused comment on the incident, as did Dan A.
Burleson, assistant personnel director for employee
Vice Chancellor Donald Boulton could not be
reached for comment Tuesday.
x Bob Windsor, editor and publisher of The N.C.
Landmark, said Tuesday that he learned of a Hous
ing department investigation into allegations of mis
conduct through a source.
"I don't believe my story had anything to do with
the firing of Perry,,r Windsor said.
Perry graduated from UNC in 1958 with a B. A. in
education. In 1962 he was appointed manager of
University residence halls. From 1967 to 1972, he was
services supervisor at the UNC Physical Plant and in
' 1972, he was named assistant director of the Hpusing
department's physical operations
says MX missile plan
will mean a safer America
, The Associated Press .
WASHINGTON President Reagan embraced a
plan Tuesday to build 100 MX missiles and put them
in existing launch silos, promising . it "will mean a
safer, more secure America" and put pressure on
Moscow to negotiate nuclear arms cuts.
Even congressional critics conceded the proposal
has a far better chance of winning approval than
Reagan's first two attempts to deploy the MX.
"Preserving the peace requires more than wishful
thinking and vague good intentions," Reagan said.
"Concrete, positive action is required to free the world
from the spectre of nuclear conflict."
The plan drafted by the President's Commission on
Strategic Forces, calls for putting the MX, armed with
10 nuclear warheads, in Minuteman missile silos near
Warren Air Force Base in Wyoming, and beginning
work on a new, single-warhead missile to be ready for
deployment in the early 1990s.
Deploying the MX missile and developing the
smaller, single-warhead weapon, sometimes dubbed
"Midgetman" would cost $19.9 billion over the next
five years, according to commission estimates. That
would be in addition to $4 billion already spent on MX
research. . .
. "Make no mistake," said Reagan. "Unless we
modernize our land-based missile systems, the Soviet
Union will have no real reason to negotiate meaningful
reductions. If we fail to act, we cannot reasonably ex
pect" an acceptable outcome in our arms control
negotiations." . "
Rep. Joseph Addabbo, D-N.Y., who helped mar
shall a 69-vote margin of defeat for Reagan's MX plan
in the House last December, predicted it would be re
jected again. "I don't believe it will be as wide a
margin as we had last year," Addabbo said. He pre
dicted MX foes will win by less than 10 votes this time.
Rep. Jack Edwards, R-Ala., a key backer, said:
"I'm going to get a lot of Addabbo's votes. I think it's
going to pass by a squeaker."
House Republican Leader Robert Michel, an MX
supporter, said that if Addabbo was counting on win
ning by fewer than 10 votes, "I have to be optimistic
about it." '
Standing in the driveway outside the White House,
Michel said: "We only elect one president at a time.
Members of Congress are going to think a second and
:x::::::::::?::r::::::::.? :::::-::: :::v i
r W -it
1 A x
a third time before really cutting the legs out from
under our negotiating team in Geneva."
House Democratic Leader Jim Wright predicted the
plan would be approved. ,
White House representative Larry Speakes said Ad
dabbo, chairman of the Appropriations defense sub
committee, has agreed to separate the MX plan from
the defense budget and to begin work on it next week.
The administraiton is trying to sell the MX package
as the product of a bipartisan commission, just as it
See ARMS on page 3
to further the University's ideological biases, but in
stead to support an independent student
newspaper," the opinion stated.
The court also noted that the function of the
DTH was not to enhance the power of one group.
" The Daily Tar Heel increases the overall exchange
of information, ideas and opinions on the campus,"
the decision stated.
Kerry DeRochi, editor of the DTH, said the
paper did not represent a single viewpoint.
"A group of editors sits down and talks about
every (editorial) topic,' she said. "The result is a
range of views, not just one opinion."
The appellants' lawsuit was funded by the Fund
for Individual Rights, a non-profit organization
registered with the N.C. Secretary of State.
The Fund for Individual Rights, founded in 1975,
consists of a board of directors) f approximately 10
to 12 members, said Joe Beard, a founder and
former executive director of the group.
Beard, who left the organization in 1981 to accept
a post with the federal Department of Education,
said that the Fund for Individual Rights was funded
through solicitation of corporations, foundations
and individuals. Contributions to the organization
are tax deductible, Beard said.
James Edward Bond, president of the Fund for
Individual Rights and professor of law Wake Forest
University, said the reason for his organization's in
volvement in the case was to protect individual
"Our general view of this is that people should
not be required to support financially views with
which they disagree," he. said. ;
The recent decision of the Kania case was not the
first time the funding of the DTH had been ques
tioned in court.
A 1974 district court decision in the case Arring
ton v. Taylor rejected a contention by student plain
tiffs that the funding of the DTH with student fees
was unconstitutional. The decision was upheld in
the U.S. Fourth Circuit Court of Appeals in 1975,
and the U.S. Supreme Court refused to hear the
But in light of a 1977 U.S. Supreme Court deci
sion, a new group of plaintiffs the Kanias and
Morris decided to challenge the DTHs means of
An the Supreme Court case, Abood v. Detroit
Board of Education, the court unanimously held
that a state cannot constitutionally compel public
employees to contribute to union political activities
to which they are opposed unless those activities are
directly related to collective bargaining. .
But the Fourth Circuit Court of Appeals decision
stated that the Abood decision did not apply to the
"The Abood Court was concerned with labor re
lations in the public sector, not with the peculiar set
ting of a student newspaper in a public university,"
the opinion stated. '
" "The court found that the University is far
See COURT on page . 3