Mostly ' sunny today with
highs around 70. Fair tonight
with lows in the low 50s.
Partly cloudy tomorrow with
highs in the low 70s.
Friday is the last day to
preregister for spring 1984
Copyright I9K3 The Daily Tar Heel. All rights reserved.
NewsSports Arts 962-0245
Volume 91, Issue 84
Wednesday, November 2, 1983
Chapel Hill, North Carolina
upreme Court asked to hear UNC desegregation case
By JANET OLSON
A civil rights group has asked the U.S. Supreme
Court to hear an appeal in a case involving the
13-year-old desegregation dispute with UNC.
The Legal Defense Fund, formerly part of the
NAACP, claims the consent decree governing
UNC's desegregation policy is inadequate in pro
tecting minority rights.
Among the commitments in the consent decree is
UNC's agreement to increase minority presence
enrollments and employment on both predominant
ly black and predominantly white campuses. UNC
also agrees to further develop the predominantly
black educational systems.
J. Richard Cohen, a Washington, D.C., attorney
representing UNC, said the University remained op
timistic about meeting its goals by 1986.
"Currently, the University is meeting all re
quirements both in the letter and in the spirit of
the consent decree," Cohen said.
But the LDF is unsatisfied with the University's
desegregation policy. It appealed the decision of
Judge Franklin T. Dupree Jr. in the District of
Columbia Court of Appeals after the consent decree
was signed. The court upheld Dupree's decision.
Cohen said the LDFs current appeal to the Su
preme Court attacks the consent decree as failing to
meet the criteria the Department of Health, Educa
tion and Welfare set in 1977.
"The Legal Defense Fund is determined to wreck
this," said Raymond Dawson,, associate vice
president for academic affairs. "They're trying to
have exclusive control over higher education matters
under Title VI of the Civil Rights Act."
Joseph L. Rauh, attorney for the Legal Defense
Fund, refused to comment on the case, saying it
would be unethical to discuss it at this time.
"It is the job of Mr. Rauh never to be satisfied,"
Cohen said. "The LDF has never been satisfied with
the University's policies or with those of any other
In the past, the LDF has said that UNC is avoid
ing the jurisdiction of courts in Washington, D.C.,
by takingits case to Raleigh..' In past documents,
Rauh said the University's actions would not be
subject to federal review.
- Cohen said these accusations are false. "They are
subject to review in North Carolina," Cohen said.
"There is nothing unusual about a local federal
court supervising a local desegregation issue."
Cohen added that the Supreme Court holds that
local federal courts have primary authority to
oversee desegregation matters in their locale.
"The D.C. courts see no reason to nationally cen
tralize this issue," Cohen said.
For this reason, Cohen said the chances that the
Supreme Court will hear the Legal Defense Fund's
case are remote.
"The D.C. Court of Appeals was careful to avoid
conflict with Judge Dupree's opinion," Cohen said.
"Thus, there's not much incentive to hear the case
Since the Supreme Court is the court of last
resort, Cohen said the Legal Defense Fund is run
ning out of options to appeal Dupree's decision.
Rauh can petition to appeal to Dupree's court in
"Whether that will be timely is another question
entirely," Cohen said. "The major opinion in the
D.C. circuit said they should have gone to North
Carolina in the first place."
The consent decree was signed by Dupree of the
U.S. District Court in Raleigh on July 17, 1981. It
was intended to end an 11 -year dispute between
UNC and the Department of Health, Education
and Welfare's Office of Civil Rights.
The dispute began in 1969 when the Office of
Civil Rights accused 10 states, including North
Carolina, of operating racially discriminatory pro
grams of higher education.
In January 1970, HEW issued guidelines for col
lege desegregation. UNC submitted proposals which
HEW approved that August.
But in October 1970, the Legal Defense Fund
filed suit in the U.S. District Court, which said
HEW failed to initiate enforcement policies for
UNC's desegregation plan. U.S. District Judge
John H. Pratt ordered HEW to initiate enforcement
UNC's Board of Governors submitted and
amended a new plan at HEW's request, and HEW
accepted it in July 1974.
The Legal Defense Fund again accused the plan
of being inadequate and challenged the plan to Pratt
In April, Pratt ordered HEW to require more
stringent plans. HEW issued criteria in July, calling
for greater black enrollment and for greater black
UNC revised its plan in 1977 to comply with
HEW's new criteria, but HEW Secretary Joseph
Califano rejected it as inadequate. In 1979, Califano
began proceedings to halt UNC's federal funding.
UNC filed suit April 24, 1979, against the federal
government in Raleigh's U.S. District Court to pre-
See DESEGREGATION on page 2 3 4 5 6
calls for fan
By EDDIE WOOTEN
Assistant Sports Editors
North Carolina football coach Dick
Crum said Tuesday there may be a need
for crowd-control guidelines among ACC
schools after Maryland fans surged onto
the field in Byrd Stadium Saturday in the
closing minute of the UNC-Maryland
The incident resulted in reports of in
juries, which were unconfirmed by
Maryland athletic director Dick Dull,
Maryland sports information director
Jack Zane and the campus police depart
ment. Crum, speaking at his weekly news
conference in Kenan Fieldhouse, said he
was concerned for his players' safety
when several thousand excited fans rush
ed onto the field after UNC missed a two
point conversion attempt that would have
tied the game with 22 seconds remaining.
Meanwhile, Duke fans celebrated their
first win of the season by tearing down a
goal post in Wallace Wade Stadium in
Durham. As the crowd paraded around
the stadium, Georgia Tech head coach
Bill Curry was almost hit by the post.
At College Park, the Tar Heels had
pulled to within two in the waning
seconds when UNC quarterback Scott
Stankavage threw an incomplete pass in
the end zone to tailback Tyrone Anthony,
who was then carried out of the end zone
by his forward motion. At that instant,
jubilant Maryland fans stormed the field,
and Crum said he was afraid his players
would be trampled.
"When we missed the conversion,
Scott got knocked down," Crum said. "I
was really fearful they were going to
trample him to death. I didn't know if he
was going to get up. The mass of people
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War Powers Act
Photo by Mark Hoilodick
Maryland fans tore down the goal post In an early celebration during Saturday's UNC-Maryland game at Byrd
Stadium in College Park. Fans stormed the field with 22 seconds remaining.
just came right over him."
Crum said the crowd situation was "in
tolerable" and said he couldn't under
stand why it was allowed to happen at all.
"In my 27 years of coaching, I have never
been around anything like that," he said.
"Our players said they were actually
scared going off the field."
In addition to the mob scene, Crum
said some of the Maryland faithful cursed
his players before and during the game,
and he added that one drunken fan even
made his way to the UNC bench during
ACC commissioner Robert C. James
said the incident was regrettable and add
ed that he had never seen anything like
that happen in previous league games.
"In a situation like that, you have
players who are in a highly emotional
state, and when fans bump into them it
could be misinterpreted and a real melee
could erupt," James said in an interview
James said , the incident occurred pri
marily because temporary bleachers had
been installed on the track surrounding
the field, making the field easily accessi
ble to fans. "They (stadium officials)
have removed those bleachers and will
not have them there again," he said.
James added that while he expected no
specific guidelines on crowd control to be
introduced, he said that several of the
league's atheletic directors have suggested
fencing in the football fields, as is the case
at Kenan Stadium.
Crum suggested even tighter security.
"They might consider barbed wire and
land mines," he said sarcastically.
"There is no place for that kind of
stuff, and it doesn't look good for the
ACC," Crum said, adding that he was
glad the game was not nationally televis
ed. Dull said Tuesday the crowd reaction
was a result of the emotion stirred by one
of Maryland's biggest wins in its history.
Dull said no reports of injuries had reach
ed his desk, and he said there were no
Dull, speaking in a telephone interview
from College Park, said the large crowd
was just too strong for the security per
sonnel on hand in the end zone.
"What you saw was that there were a
number of ushers, gatemen and personnel
that were down in the end zone," Dull
said. "There were also members of the
university police department.
"Our procedure is to bring people
down from the upper parts of the stands
and increase security around the
perimeter of the field. If you're talking
about 50,000 people being controlled by
500 or 600 security personnel, obviously
when 50,000 decide to come down, they
"It wouldn't have been any different in
College Park or in Chapel Hill if they de
cided to come down on the field," Dull
Dull said ACC guidelines on crowd
control would probably be useless
because of crowd emotions in the most
important games, like UNC-Maryland.
Police checked fans for alcohol and
confiscated bottles and flasks, Dull said.
"What you saw there is not a result of
See CROWDS on page 6
The Associated Press
WASHINGTON The House passed a
War Powers resolution on Tuesday requir
ing President Reagan to withdraw U.S.
forces from Grenada before Christmas.
The vote was 403-23.
The Senate approved identical wording
Friday by a 64-20 margin, but the
unrelated measure it was attached to was
killed. That sets up another Senate vote,
possibly this week, specifically on the War
Powers issue. -
All N.C. congressmen voted for the
A spokesman said the Senate Foreign
Relations Committee would move quickly
on the resolution and send it to the floor
for a new vote.
Reagan, like presidents before him, has
resisted encroachment on his powers as
.. commander in chief of U.S. military forces
and has not indicated whether he will veto
the resolution on Grenada, which would
require withdrawal within 60 days of last
week's invasion. A two-thirds majority
vote of both the Senate and the House,
however, would override that veto.
As the fighting tailed off in Grenada,
the invasion became an issue of harsh par
tisan dispute Tuesday with Republican
leaders rallying around the president and
House Speaker Thomas P. O'Neill Jr.
questioning whether Reagan read the
available intelligence about the island.
Senate Majority Leader Howard H.
Baker Jr. of Tennessee said the first inva
sion of Grenada came with the arrival of
"In my view, (Fidel) Castro invaded
Grenada," Baker said. "And there were
upwards of 1,000 Cuban troops there and
nobody should think that they were just
"They were organized as military units,
they were armed and their command struc
ture was in the nature of military units and
they were invaders. The Cubans were in
vaders of Grenada.
"American troops there relieved that in-
said, adding that the
United States "acted promptly, wisely and
legally in going in there and relieving that
yoke and burden of Cuban and Russian
Administration officials officials said at
one time there were more than 1,000
Cubans on the island, but later revised that
figure to perhaps no more than the 784
Castro acknowledged were there.
There has been no clear word whether
the Cubans were troops first and construc
tion workers second, or construction
workers armed and trained as militiamen.
House GOP leader Bob Michel of Illi
j nois said the U.S. invasion prevented the
600 American medical students in Grenada
from being taken hostage.
Now that the invasion is a military suc
cess, Michel said, "there will always be
Monday morning quarterbacks who think
it could have been done some other way."
Baker, Michel and other GOP senators
and House members were briefed at the
White House on the situation in Grenada
by Defense Secretary Caspar Weinberger
and Gen. John Vessey, chairman of the
military Joint Chiefs of Staff.
Meanwhile, O'Neill was asked if the ac
cidentia! bombing of a mental hospital in
Grenada by U.S. warplanes represented a
failure of U.S. intelligence.
"These things happen," said O'Neill,
adding that a special fact-finding group of
House members who will travel to
Grenada on Friday will look into the in
telligence available to U.S. forces before
And then, O'Neill said of Reagan, "I
often wonder if he reads the intelligence
O'Neill said earlier this week he believes
Reagan has been looking for a reason for
two years to invade Grenada. He told
reporters Tuesday he was "worried about
Reagan's macho attitude" and what he
termed a tendency to favor "gunboat
O'Neill has said the invasion was a
violation of international law unless it was
specifically to rescue threatened Americans
and that he believes this was a secondary
concern of the administration.
Fate of Upendo is still undecided
By STUART TONKINSON
Assistant University Editor
What's in a student union?
That's the question Student Government officials,
Carolina Union leaders and Black Student Movement
members are tackling in a series of meetings to decide
the fate of Upendo Lounge.
Current plans for the renovation of Chase Hall call
for the replacement of Upendo, used almost exclusive
ly by the BSM, by a South Campus Union on the sec
BSM members and Student Government officials
said Monday that they had assumed, based on UNC
administration statements, that the continued exis
tence of Upendo was assured.
But Union President Lucia Halpern said that UNC
administrators had told her that space should be made
available to the BSM on a first-priority basis only.
Upendo Supervisor Marcellas Smith said that there
would not be a problem with other organizations using
Chase Hall for their activities. Supervision of space in
Chase should stay with the BSM, however, and not be
given to the Union Board of Directors, Smith said.
"The present Upendo staff can staff the new func
tions as well as anybody else," Smith said. "Why do
we need to change it now?"
Union Director Howard Henry said Tuesday that
keeping the present Upendo staff would mean the
Union would have to assume part of the cost for that
staff, which is made up of work-study students.
' But Campus Governing Council Speaker James
Exum (District 15) said Upendo has used work-study
students for years, they have not been counted as
Union staff, and there is no reason that things should
be different in the future.
"Something's wrong here," Exum said.
Halpern said that confusion may have been caused
by a misunderstanding of the nature of Upendo.
"Before all this came up, I never knew that Upendo
was part of the Union," Halpern said. She added that
she did not believe that most students knew that space
in Chase Hall was open to their activities.
BSM President Sherrod Banks said that other
students did not make use of the space because Chase
Hall was so run-down.
"There have been no renovations in Chase since its
beginning (in 1972)," Banks said. "The BSM is the
only group that made use of it."
Exum added that if Chase Hall was almost ex
clusively filled with BSM-related activities, it was
because there was not a sufficient demand by other
"When Chase was used for other purposes, it did
not attract enough students to keep it alive," Exum
said. "It is the BSM which allowed Chase to survive. It
should be open to all students, but it just tends to at
tract black students."
Banks said that how Chase was presently used
fulfilled the most important needs of the students.
"If Chase becomes a black union, then it only
serves to show that there isn't any more pressing need,
since it's surrounding by South Campus, which is 75
percent white," Banks said.-
Halpern said that she was worried about maintain
ing Upendo at Chase would lead to the creation of a
black union and a white union.
But Exum said that there was no need to change
something that has worked well so far. Upendo has
always been a part of the Union, and there is no
reason to change the structure now, when blacks de
pend on it more than ever, Exum added.
There is already too big a dichotomy between North
and South campus, Halpern said. She added that she
did not want the new Chase Hall policy to intensify
that dichotomy. '.
Banks said that the BSM had a system worked out
for supervising Upendo which was the most efficient
for black activities.
Smith, who keeps track of the activities that go on
in Upendo, said that the lounge, located on the first
See BSM on page 4
4 9 ... .....
Retired police officer Charlie Edmonds checks Jeff and Jason Slade's
greyhound for identification and vaccination.
County has oversupply
of stray animals
By KATHIE COLLINS
Retired Chapel Hill police officer C.L. Edmonds has a gentle
manner and approaches a criminal in unique fashion. He walks,
up to the offender, pats his head and ties a rope around his
neck. - .
It's only a short tryck ride from the sight of capture to the
prison. For many of these criminals it's only a week until their
death sentence is carried out..
" These criminals are Orange County's overabundance of stray
dogs, many of which wander around the University campus.
Edmond's job is to enforce the town's leash ordinance by pick
ing up strays and to issue citations to owners who do not comply
with the law. Strays are defined to be any unrestrained dog with
or without license tags.
Edmonds picks up an average of four dogs a day in Orange
County. Between 15 and 20 of these animals have been ap
prehended on the University campus in the last two months.
According to Don Willhoit, UNC health safety director, the
stray dogs cause problems. Willhoit said the dogs block en
trances to buildings, beg for food and risk the possibility of
The University operates by the same leash ordinance as the
town. All unleashed dogs are reported to the Campus Police and
the Orange County Animal Shelter.
Dogs who are taken to the animal shelter are well-cared-for,
said Mary Kennedy of the Animal Protection Shelter. The
shelter will hold a dog for seven days in hopes that its owner will
If a dog is not reclaimed at the end of seven days, he is
available for adoption. Anyone may adopt a dog for $37.
Adopters must sign a contract promising to spay or neuter the
dog and after the terms of contract are carried out, the $37 is
The length of time the shelter holds a dog for adoptiong
depends on the amount of space available and on the condition
of the dog. Dogs in extremely poor condition and those left
unadopted are eventually put to sleep.