Oakland 6. Toronto 2 (lays lead 3-2)
TheOakland Athletics bounced back
WEDNESDAY: Partly cloudy;
from Sunday's devastating defeat and
beat Toronto 6-2, closing their deficit
in the AL playoffs to 3-2.
Oakland's Ruben Sierra hit a two
run homer in the first inning that began
Toronto pitcher David Cone's demise.
Oakland pitcher Dave Stewart im
proved to 6-0 lifetime in the playoffs.
Came 5 will be Wednesday after
noon back at the SkyDome.
high in 70s
lain ar
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100th Year of Editorial Freedom
Est. 1893
Serving the students and the University community since 1893
C 1992 DTH Publishing Corp.
All rights reserved.
Volume 100, Issue 79
Tuesday, October 13, 1992
Chapel Hill, North Carolina
NtwiSpMUAiU 962-024S
BiuincsiAdvcftiting 9621 16) -
TODAY: Mostly sunny; high
near 70
ALL (WO)N EQUAL
l Proposed Equal Rights Amendment in Iowa has
residents of the state at odds
PUCKER UP V
Pittsburgh Penguins take aim at a third-straight Stanley '
Cup to become the decade's dominant team in the NHL If A
I
Mm
JIM
BCC protest interrupts .University Day event
Ruby Sinreich lets her sign speak for
BCC panel asks chancellor
to OK free standing center
By Justin Scheef
Staff Writer
The blue-ribbon panel working on a
plan for a new or expanded black cul
tural center voted unanimously Mon
day in favor of a report that requests the
endorsement of a free-standing BCC by
Chancellor Paul Hardin.
; Hardin will receive the amended copy
of the report this morning and is ex
pected to comment on it during the next
:few days, said Provost Richard
; McCormick, head of the working group.
: In separate statements to the press,
'. the student coalition for a free-standing
.' BCC and the BCC Advisory Board re
; iterated their pledges not to lend their
; voices to the committee until Hardin
: pledges his support for a free-standing
: center.
The working group met for about
two hours Monday afternoon in the
U.N. ballroom of the Carolina Inn. The
13 panel members who attended spent
the majority of their third meeting
amending the draft of the interim re
port, written by law school dean Judith
Wegner.
In the report, the committee requests
that the chancellor support the building
of a free-standing BCC, that the new
center be named in honor of the late
UNC professor Sonja Haynes Stone
and that a timetable be established for
the new center's development.
The idea of setting a schedule for
construction of the center was proposed
by former Charlotte mayor and U.S.
Senate candidate Harvey Gantt. Gantt
told the committee that without a de
finitive time frame, the wait for the
construction of a free-standing BCC
would be "another 10 years."
After the meeting, Gantt said his
daughter's involvement in a BCC plan
ning committee in 1986 taught him that
unless a definitive schedule was set up,
nothing would be done. "I think there is
some urgency, in my opinion, to resolve
Rape victim
By Jackie Hershkowitz
Assistant City Editor
A Chapel Hill woman who was raped
and beaten in her condominium last
spring has sued her landlord for failing
to install a deadbolt lock that might
have prevented the break-in and subse
quent assault.
The woman claimed in a lawsuit filed
in Orange Superior Court last week that
the management of Sherwood Colony
condominiums repeatedly ignored her
requests to replace a broken deadbolt
lock.
The only lock that functioned was
the doorknob lock, the lawsuit states.
The intruder broke into the woman's
Any man
0THayson Singe
her Monday during the BCC protest
Centers advocates
Black Cultural Center Advisory
Board members reiterated their oppo
sition to the BCC working group, re
peating that the board should plan a
new, free-standing center in a press
release Monday.
In the statement, released the same
: day as the working group' s third meet
ing, the advisory board contends that
the BCC facility planning committee,
an organ of the advisory board, should
be responsible for planning and pre
senting proposals for a new center.
Through Provost Richard
McCormick, Chancellor Paul Hardin
has set up a 1 6-member working group
: to address the issue of a new or ex
pandedcenter. Last week, panel mem
bers voted in favor of advocating a
; free-standing center.
But BCC supporters say the vote
does not have any legitimacy because
the committee is trying to do work
better suited to the advisory board.
"The Sonja Haynes Stone Black
Cultural Center does not recognize the
existence of the Working Group," the
release states. "We are demanding that
ChancellorHardin recognize the 1989
University sanction that the Advisory
Board be the official entity that plans
fora free-standing Sonja Haynes Stone
Black Cultural Center."
this one way or the other," he said.
James Peacock, a panel member and
chairman of the Faculty Council, sug
gested that some aspect of the develop
ment of the BCC should be incorpo
rated with next year's Bicentennial Cel
ebration. "If we are going to create a center to
commemorate black history in the state
and in the University, it might be very
timely to connect that to the Bicenten
nial," Peacock said.
Although no definite time frame is
flies lawsuit against landlord for lack of
Sherwood Colony condominium on East
Franklin Street in the early hours of
April 4.
Armed with a knife, the assailant
entered through the front door, "bru
tally raped the plaintiff in her bed and
savagely beat her," the lawsuit states.
The plaintiff filed the lawsuit against
an Apex couple who own the property
and Chapel Hill Realty, the company
that manages her condominium.
"The condominium had totally inad
equate security and was extremely un
safe," the lawsuit states.
According to the lawsuit, the owners
and Chapel Hill Realty should have
known that two young women living
alone were at potential risk for sexual
who pits his intelligence against a
By Anna Griffin
University Editor
The day set aside each year to honor
UNC's past turned into a reminder of
UNC's present as members of the coa
lition for a free-standing BCC inter
rupted the annual University Day cer
emony Monday with a protest observ
ers later described as "classy and re
spectful." The 125 protesters entered Memo
rial Hall shortly after the beginning of
the ceremony, which marked the 199th
anniversary of the laying of the Old East
cornerstone, and stood silently along
the auditorium's far walls. Many of the
protesters held signs that read "No Jus
tice, No Peace," "BCC Now," "Time Is
Running Out Hardin," and "No More
Waiting." Several students helped hold
aloft a banner that read "Hardin's Plan
tation." In the middle of the ceremony, just
before the Carolina Choir was sched
uled to sing, the protesters filed out of
the hall as quickly as they had entered
while singing, "If you won't build our
building, put on your hood and robe."
The song, a take-off on the civil
rights anthem "If you're going to kill
the people, put on your hood and robe,"
first became a part of the BCC move
ment at the Sept. 21 BCC rally in the
Dean E. Smith Center.
About a third of the crowd of 400
applauded the students as they left Me
morial Hall.
reaffirm demand
Members of the coalition for a free-
standing BCC and the BCC Advisory
Board have refused to meet with the :
working group until Hardin officially
pledges his support for a free-standing
BCC.
"The chancellor has to support a
free-standing BCC. ... Then tilings
can move forward," said Kerry Haynie,
a UNC graduate student and a member
of the BCC Advisory Board. "The ball
is in the chancellor's court,"
Also in the release, the advisory
board pledged its support for BCC
Director Margo Crawford.
"The Advisory Board wilinottoler
ate any further threats or harassments
that are targeted toward Mrs. Margo
Crawford, the BCC director," the re
lease states. "Mrs. Crawford has done
an excellent and more than appropri
ate job in fulfilling her duties as direc
tor. Trisha Merchant, BCC Advisory
Board vice chairwoman, said that UNC
administrators and faculty members
had threatened Crawford's job on nu
merous occasions, both in recent weeks '
and in the past The advisory board's
statement was an effort to reaffirm the
advisory board's faith in Crawford's
work, Merchant said.
Anna Griffin
mentioned in the report, the draft does
state the group's reasons for supporting
construction of a free-standing BCC.
According to the report, the center
would help to "improve cross-cultural
communication throughout the Univer
sity and community;" present informa
tion about the culture and history of
blacks; serve "as a critical base of sup
port for black students;" and provide
"Black students, faculty, staff, and other
See PANEL, page 5
assault and therefore should have pro
vided adequate security.
The lawsuit asks for more than
$10,000 in damages to cover medical
expenses, loss of earnings and emo
tional injury. An additional sum ex
ceeding $ 1 0,000 also was requested for
punitive damages.
The rape was a direct result of the
landlord's and management's negli
gence, the lawsuit states.
Police have made no arrests in con
nection with the case.
Representatives of Chapel Hill Re
alty refused to comment on the case
Monday. William Craig Hales and Laura
Hales, the owners of the condominium,
could not be reached for comment Mon
University Days revisited 3
Campus race relations dominated
many of the University Day speeches,
including the keynote address by Pro
vost Richard Mc-Cormick, head of the
working group charged with formulat
ing a concrete plan for a new or ex
panded BCC.
McCormick, who came to UNC this
summer from Rutgers University in New
Jersey, touched on the BCC contro
versy in his speech and said making the
University a diverse but peaceful com
munity should be one of the school's
main goals in the coming year.
"After 40 years of integration and 20
years of affirmative action, non-whites
at Carolina still have cause to feel like
interlopers in a foreign land,"
McCormick told the crowd of faculty
members, students, staff members and
UNC alumni. "Learning to be racially
diverse is the greatest challenge Caro
lina faces, just as it is for universities
across our land."
Although the protesters did not re
main in the auditorium for McCormick' s
address, they said afterward they had
heard McCormick's speech before, only
in different terms.
"We've heard so much gibberish from
him in the past," said Tim Smith, one of
the co-founders of the Black Aware
ness Council, the group that has given
Chancellor Paul Hardin until Nov. 1 3 to
pledge support for a new BCC and
designate a site for the building.
All council hopefuls nominated
By Katy Wurth
StaffWriter
The Chapel Hill Town Council
unanimously decided to nominate all
10 applicants for the vacant council
seat at its Monday night meeting.
Council member Joe Herzenberg
said he nominated all 1 0 candidates as
a means of thanking them for stepping
forward and volunteering their time to
the community.
The eight-member council was left
with a vacancy last month after the
resignation of Roosevelt Wilkerson.
Wilkerson resigned after admitting to
falsifying Mayor Ken Broun' s signa
ture on a letter concerning zoning regu
lations to an Ohio-based developer.
Each of the 10 candidates gave a
three-minute presentation to the coun
cil describing their background and
agenda:
Ed Devany said that if no appro
priate black candidate volunteered, he
would be qualified to fill the vacant
seat.
"There is an aching in the land for
some sense of reality to come back
into the government," he said.
Devany said he planned to attend
all council sessions until the new mem
ber was chosen to become familiar
with local issues. He promised "a full
commitment, deep involvement and
caring service."
Pat Evans said her service on the
Chapel Hill Planning Board gave her
the necessary background to serve on
the council.
Evans promised to be "an effective
and instructive member of the coun
cil." Mickey Ewell reminded the coun
cil that he was first runner-up in last
year's municipal election. "The elec
torate showed their support for me,
and I'm here to show my support for
them," he said.
Ewell said he had the necessary
qualifications to be a leader and to
listen to the concerns of the commu
nity. Dolores Nesnow said she would
bring to the council an ability to look
day.
Matthew Martin, the woman's attor
ney, said the case was a landmark in
premises liability. Premises liability
deals with whether owners can be held
responsible for what occurs on their
property.
"The trend is that the law is becom
ing more progressive and more protec
tive of people on the premises," Martin
said.
Because of the heavy volume of cases
in Orange County courts, the case prob
ably will not go to trial until late 1993,
Martin said.
Catherine Stelpflug, a manager of
Mill Creek condominiums, said that in
instances of negligence, property own
fish and loses has
Smith said the
protest was de
signed to get the
coalition's point
across peacefully
and intelligently.
"We let them
know just how in
telligent we are,"
he said. "We
wanted them to
know they're not
dealing with a
m ni Ti fcn
Richard McCormick
bunch of ... loud radicals.
"It wasn't a demonstration in our
mind, it was a statement. If we had
wanted to, we could have really shaken
things up."
After the ceremony, McCormick said
the protesters had made their statement
without showing disrespect for the im
portance of the University Day cer
emony. "The students handled it with a
lot of class," he said. "They were classy
and respectful."
In his speech, McCormick noted the
student coalition's struggle and said the
student movement represented a large
part of the University's history.
"I also want to recognize our stu
dents and their supporters who are here
in protest and even anger," he said. "I
mean no disrespect of their present griev
ances when I say that they are part of a
long tradition at Chapel Hill and across
our land.
"Though they may not feel it to be so
today, this is their University too, and it
Members discuss appointment, say
informed public important in process
By Dana Pope
City Editor :
Chapel Hill Town Council mem
bers discussed Monday night the next
steps in the appointment process to fill
formermemberRooseveltWilkerson's
seat, and some members expressed
concern that the public would not be
fully involved or informed.
The council unanimously approved
the nomination of all 10 applicants for
the seat that Wilkerson vacated last
month after he admitted falsifying
Chapel Hill Mayor Ken Broun's sig
nature on an official town document.
The council debated ideas such as
having a written questionnaire and
. holding a forum for the council to ask
- the applicants specific questions.
Council member Art Werner also
suggested that groups of four council
: members meet privately with differ
ent applicants question mem. Four
members is the legal limit to hold a
private meeting, according to state law.
: But the' council later decided in the
meeting that each member could talk
to applicants on an individual basis if
he or she had any questions.
"We need to recognize to some ex
tent that this will be a subjective pro
; cess," Werner said. Tm not particu
larly comfortable with a public forum
; when we throw questions out and
people respond."
But council member Joe Herzenberg
expressed concern that meeting in
small private groups would violate the
at issues objectively.
"My interest in the community stems
from a desire to become more involved
in the town," Nesnow said. "I would
represent everyone."
Nesnow said she was concerned about
fiscal responsibility, town growth, pub
lic safety and environmental issues.
Johnnie Peace said he would be a
dedicated council member who would
adequate safety measures
ers and managers should be held liable
for assaults that occur on their pre
mises. "(Residents) have to bear 100 per
cent responsibility for locking their
doors," Stelpflug said. "But it's a differ
ent story if the apartment doesn't even
have a deadbolt."
Stelpflug said it was inexcusable for
apartment complex managers to delay
responding to residents' safety com
plaints. Renters should not be required to
shoulder the costs of installing addi
tional security devices, she added.
"I can't see how (tenants) should
have to pay for security measures in a
rental unit," Stelpflug said.
it coming. Anonymous
will be a better university because they :
came here and challenged Carolina to ;
change."
Scott Wilkens, co-president of the ;
Campus Y, one of the groups in the :
coalition, also is a member of the choir ;
and heard McCormick's speech.;
Wilkens said that while he appreciated ;
the provost's sentiments, he wasn't cer-;
tain McCormick would follow up his :
calls for unity and tolerance with ac-:
tion. ;
"I liked the topic (of the speech) and '.
the idea of community very much;":
Wilkens said. "My question is, what's '.
going to come of it?" . :
Theceremony also included speeches :
by Board of Trustees Chairman Robert :
Strickland, Board of Governors Chair-1
man Samuel Poole, Faculty Council:
Chairman James Peacock and UNC-:
system President CD. Spangler.
In their speeches, Poole and
Strickland touched on the need for co
operation between students and admiiK
istrators in solving racial tensions on
campus. "Currently, the University is in
the midst of unusual times," Strickland,
said. "I assure you the Board of Trust
ees is concerned with 'doing the right
thing.'"
UNC graduates Marie Colton, James
Exum, Frank Reynolds, Gene Roberts
and Donald Sultan received distin
guished alumna and alumni awards dur
ing the event. Prior to the ceremony,,
faculty and staff members marched to
Memorial Hall from the Old Well.
open meetings law. '
"Theprocess should be as open as
possible," he said. "It seems to me
that each of us on an individual basis
can meet with, talk with and ask ques
tions of the people."
Broun said he also thought council
members could ask questions indi
vidually, but stressed die importance
of keeping the public informed. ;
"We will have to discuss this in
public," he said. We need to discuss
this in public."
Herzenberg also suggested that the
applicants and the general public be
informed on the selection process,
"It would make people feel better
about the process if they knew how
voting would go," he said. "Nine
people are going to be rejected, which
is a horrible thing to say, but it's
true."
But Wemer said the issue was still
somewhat undefined and said the
public should know that council mem
bers would discuss the issue privately ;
among themselves.
Council member Joe Capowski
said the process could get a little -confusing.
"So it sounds hike it's go
ing to be a free-for-all,'' he said. ;
Werner added that he hoped the
council would be able to come up
with a consensus on an appointment.
"Ten people is tough to deal with
in a fair, open manner," he said.
The appointment is scheduled to
take place at the council's Oct 28
meeting.
attend all meetings and discuss all
matters thoroughly.
"The main ingredient needed to help
the council continue its masterful work
would best be supplied by me," Peace
told the council. "Give Peace a
chance."
Barbara Powell proposed bring-
See COUNCIL, page 5
"I think it's completely (residents')
responsibility to do what they can,"
Stelpflug added. "But if safety isn't
provided, then it's (management's)
problem."
Billy Faires, a junior from Chatta
nooga, Tenn., who lives at Kensington
Trace, said apartment renters should
not expect too much from the manage
ment. "I think they have to ensure us to a
minimum," Faires said. "But an apart
ment complex is not a dorm, so you
can't expect a 24-hour lockup."
Faires said he thought apartment com
plexes should be required to provide
adequate locks, sufficient lighting and a
minimum security system.