Wednesday, July 10, 1963 Accommodations Law Is Discussed A panel of three explored the legality, the rightness, and the wisdom of a public accommoda tions law in Chapel Hill last night. The panel discussion was spon sored by six local ministers, Thomas Thrasher, DeWitt Myers, •Loren Mead, Robert Seymour, Vance Barron, and Charles Jones. . ef[ Psychiatrist Dr. Robert Phil lips and retired lawyer Marion Wright spoke in favor of the law. Barry Winston, a practic ing attorney in Chapel Hill, took the opposite stand. The audience seemed to be almost exclusively pro-accommodations lavy, and as a result Mr. Winston was nearly trampled in the rush of ques tions that followed the panelists’ statements. He managed to hold his ground in part by the simple expedient of declining to answer questions for which he had no answers —a tactic rarely en countered even at the height of the Chapel Hill meeting season. Mr. Winston stood alone because a fourth panelist was urtable to attend. Considering the make-up of the audience, it appeared safe to say that few if any of the 100 or so people who attended left Carroll Hall with changed minds. But some light was shed on the question, and little heat was gen erated, which is exactly what UNC Law School Dean Henry Brandis, the moderator, pleaded for at the outset. “The first and the last, the crucial question,” Dr. Phillips began, “is to establish a prior ity. W’e must establish what the ultimate is: free enterprise, the capitalistic system, the demo cratic system, or the rightness of things. I think the latter takes priority.” He followed his theory through history: the Declaration of In dependence, Franklin Delano Roosevelt’s “Four Freedoms” speech in 1941 (“This nation has jSjayservic^™ when Requested COLONIAL RUG CLEANERS Phone 942-2960 tOOfy PM& *****t ****** »' THE HUB of CHAPEL HILL Because of the tremendous crowds expected, all sale Hems are set up on a self service basis. Sales people will be on hand to assist you in locating sizes, etc. Large quantities of merchandise have been assembled for this event, and so it would be impossible to put everything out at one time. Every hour additional merchandise ail! be brought out so that no one Wifi * be disappointed. SALE STARTS AT 9:80 A.I. FRIMY ALL WEATHER GOATS A Real Hot Diggity Deal on Famous Name Brand Coats Priced to $25. How Qqly 12.00 BERMUDAS DRESS SKIRTS SMUT SHIRTS All c:™*, nnfl T°P Quality Shirts Famous Name Brand ah sizes ana In eith<}r Button-Down Skirts Formerly to Colors. Your choice or Tab CoUarß $5.90 ■2.00 109 ‘2.98 LOAFERS I The popular hand-sewn Penny Loafer In Black, Brown and Cordovan, plus Genuine Shell Cordovan plain-toe and tassel models that formerly sold for as much as $25.00 How *lO & M 2 UNO JACKETS SWIM SUITS WHILE THEY LAST M “ y d ‘ r '" w ‘ ***• **4 «*»•» choose from *4.00 f 2.00 it iKSS 9 OF CPU SBOK *5,00 [ The HUB of Chapel Hill been quietly adjusting itself to changing auditions without the concentration camp”), and Pres ident Kennedy the issues of the racial question must be settled first on moral grounds. Dr. Phillips said the Consti tution, the 'Bill of Rights, and the Declaration of Independence were “testaments to human rights, not to property rights.’’ He quoted Blaekstone and Wal ter Lippman on the. theory of property, Herbert Hoover an free enterprise, and compared oppenent§ of a public accommo dations law to infants who wish to exercise “sole and despotic dominion” (Blaekstone). “In Chapel Hill today I think . . . the right thing, the Amer ican thing, is removing by law the last vestige of racial in equality. We can’t legislate mo rality, but we can legislate jus tice ... It seems" to me that Chapel Hill is in a position not only to pass this law, but has no other recourse.” He said that negotiations had been ex hausted, and that "the scourge, the cancer of discrimination can only be removed through a pub lic accommodations law.” Mr. Wfig’nt centered his argu ment on the necessity for cities to have manners. He qvjpted Emer son and ancient Greek writers who aa v ised living in cities with manners. “The questiol here is, how does Chapel Hill score on the manners test?” The whole current racial conflict, he add ed. had started when four young Negroes walked into a Greens boro drug store in 1960 and ask for cup of coffee. “Greensboro didn't do the right thing, the kind thing, and say, pull up a chair, sit down, have a cup of coffee.” Instead, Mr. Wrisit said, the Greensboro Coffee Par ty might well rank in history with the Boston Tea Party though he would be content to let the Maxwell House and Tet ley Companies decide which was the most important. “When man stops being a Rob inson Crusoe and starts living with other humans, government is a necessary arbiter, and when ever the common good comes in conflict with individual rights, the common good should be con sidered first.” As to the legality of a public accommodations 1 aw, Mr. Wright pointed out that 32 states end many municipalities in the nation have such laws. “It comes as something of a shock that at this late date anybody should question the of public concern against qf a man to refuse to serve peo ple tedppe of the color of their sdn. He said proprietors of busi nesses were the “beneficiaries a\ every turn" of government, « quoted Supreme Court Jus- Earl Warren's comment that “the law floats in a sea of mor als” the* law is constantly tiding to bring itself into accord with what men instinctively think and feel is right. Mr. Winston said mo precedent for such a law bad ever been sft in North Oarojma, though decisions on public accommoda tions laws had been matte else where in the nation. He said that in his opinion if the State passed such-a.law it would be legal, though he was not sure if the Slate Supreme Court would up hold such a law if passed by a municipality. “But 1 think it would be a mistake for Chapel Hill to pass a public accommodations law, because I think it is neither necessary nor wise.” The law is not necessary, Mr. Winston said, because desegre- Sition in Chapel Hill had put e town far ahead of other towns in the State in racial equality in 12 years without a public accommodations law. “Be tween (1991) and now nearly every segregation barrier here has fallen . It is not, wise, Mr. Winston said, because the question in volved social change; because most social change in this coun try (“with a few outstanding ex ceptions”) had been evolution ary, not revolutionary; because the former paramount position of property rights, in the eyes of courts, had changed in 30 years to one of parity with human rights; and because "the pro posed ordinance would be a great disservice to the tradi tion of evolutionary social change and would upset the balance of human rights and property rights.” Mr. Winston said prejudice could not be. legislated out'of existence; that the enforceabil ity of a public accommodations law was problematical; and that he had a “great regard for the right of dissent, the right to be wrong. Admittedly, that right THE CHAPEI, HILL WEEKLY now comes in conflict with hum an rights. I don’t know the solu tion, but 1 am satisfied in my mind that a public accommoda tions law is not the solution.” Questions followed, all but a very few of them highly challeng ing and directed at Mr. Winston. In answer to inquiry as to what, he thought was the right substitute for a public accom modations law, Mr-. Winston said frankly that he didn't "purport to have' a satisfactory answer. It seems to be that the demon strations are within a reason able distance of accomplishing their goal, if one of the estab lishments on West Franklin Street never integrates, it’s a moral wrong, but I really don’t think it’s all that important, to pass a public accommodations law.”, In answer to another question on his statement about legislat ing prejudice out of existence, Mr. Winston said that while prejudice could not be legislat ed, morality could be and had been. “Sex is a good example.”' Voice: “Ob, really?" Mr. Winston; “Well, not with complete success . . Father Parker Is Camp’s Chaplain The Reverend Clarence Park er of Chapel Hill has been nam ed Chaplain for the Easter Seal Camp for Handicapped Children, according to camp director Rob ert Pace. Father Parker, a priest of the Episcopal Church, has been liv ing in Chapel Hill since his re tirement in 1951. He and Mrs. Parker live at 143 East Rose mary Street. They are well known in Chapel Hill for their active participation in commun ity religious and civic affairs. The Easter Seal Camp opens Sunday, July 14, at Camp Syca more of the William B. Umslead State Park. Some fifty-two chil dren from thirty-five counties Will be in attendance. The camp ing program is supported, as are other Easter Seal programs, by public contributions made to tl\e Society. —Taller Chapel Hill Buildings Probable ners also presented their new formula for the off-street park ing requirements and height re strictions of the Central Business District. Mr. Darnell and his architects said the building was actually a hotel rawer than a motel, and their parking allowances exceed ed present off-street parking re quirements for hotels The pres ent zoning regulations require one space for each three rooms in hotels, one space per room for motels. The Planners’ new pro posals would make no distinction between motels and hotels, and would also require additional space if a restaurant were in carporatod into the building. “With its planned use this will be a hotel rather than a motel,” Mr. Darnell said, “and the func tion of the restaurant will be to serve tfte transient occupants of the hotel primarily." He said it would be economically imprac tical and physically impossible to meet the Planners’ proposed one. for-one parking ratio for hotels abd the oue-for-fovr ratio for the restaurant as well. "Each parking space we in stall is costing ns roughly $800,” he said. Ho adjacent land is available to provide overflow parking. The planners are rec opimending also {hat off-street parking must be within 400 feet of the business it serves. Although questions about the new hotel centered on its parking facilities, other issues were rais ed. Planning Board member R. D. Smith asked Mr. Darnell, “Will the new hotel be an integrated facility?” “That has not been determin ed. That will be decided by the management and the people of Chapel Hill,” Mr. Darnell re planning Board Chairman Ross Scroggs said the Planners had no objection to increasing the height restrictions for downtown buildings. However, the Board did fed that no distinction in off-street parking requirements should be made between hotels and motels. Construction of the hotel could proceed under the present height restrictions, but the fifth floor could not be constructed. Mr. Darnell said the company was at thfe lime without amie indi entiott that the rwrtrwfoti*would be raised and that a satisfactory resolution at the parking require ment! could bt reached. Inter lude Investor* wfll construct tba motel under present restrictions if thy rmait bn raised, but W eight-story building with no assmnee iffit the height limit m&ssz&mbFS moM not be justified, he said. Board Corrects * . Some Oversights The Board of Aldermen got around to correcting oversets in appointments to Town posts •Monday night, but not before As sistant Recorder's Court Judge (Robert Midgette and Tax Col lector Dave Roberts had served in their respective positions with out clear mandate for about a week. The Aldermen, in appointing Mr. Midgette end Mr. Roberts, noted they had neglected to make their appointments at their last meeting. Both had continued in office, however. Mr. Roberts said the Aider men’s failure to make the ap pointments at the beginning of this fiscal year did not mean that either he or Mr. Midgette had actually been in office il legally. “There is a certain lee way there,” he said. Both are now duly appointed, and no prospect for refund of taxes col lected by Mr. Roberts or rescen sion of judgments rendered by Mr. Midgette during the week can be hoped for. The Aldermen also passed Planning Board recommenda tions that” a combination pre liminary and final plat of a sub division on Airport Road owned by A. W. Ray be approved, and accepted a minor amendment to the zoning ordinance covering parking requirements. In other business the Aider men: —Deferred action on re-ap pqintments to the Recreation Commission until Town attorney J. Q. LeGrand can study the legality of appointing members who live the corporate limits of ChapeWtttt. —Called a special public hear ing for July 23 on issuance of SBO,OOO in town revenue bonds for purposes of constructing off street parking on two lots on East Rosemary Street, immedi ately behind the main business district. —Accepted the low bid of $2,177.42 from Yates Motor Co. for a new police patrol car. —Approved a Planning Con tract wi|h the North Carolina De partment of and Development. (Continued from Page 1) Realtors John Foushee and John Allen Cates also spoke in favor of increasing height re strictions and in favor of the one-zone central business district plan the Planners are offering. The one-zone plan will come be fore a special public hearing sometime in August. “I would like to see the height, raised to ninety feet,” Mr. Fou shee said. “If this height is per mitted on the University cam pus, we ought to be able to do it downtown.” “No one can justify the value of property on Franklin Street without being able to go up at least ninety feet,” Mr. Cates said. “There are very few if any modem offices in this town, and the present restriction is re sponsible for this; the only way to meet progress is to increase the permitted height. You can’t overcome the basic cost of your land without going up.” Roy Martin, chairman of the Planning Board’s zoning commit tee, read the committee’s report on height and off-street parking for the Central Business District. If the recommendations are adop ted, the new hotel would have to install a minimum of 178 park nig places. The builders have planned 128 spaces. The Aldermen referred the matter to the Planning Board for recommendations. After recom mendations from the Planning Board the Aldermen may at any time lift the restrictions or con firm them as they are at present. The second item scheduled for public hearing concerned Plan ning Board recommendations on amending the zoning ordinance as it pertains to non-conforming uses of land, non - conforming struc tures and non-conforming uses of structures and premises. That section of the zoning ordinance did not distinguish clearly be tween non-conforming uses and non-conforming buildings or the non-conforming use of conform ing buildings. The amendments are hoped to clarify the distinc tion, and to eliminate certain non conformities presently in exist ence within the Planning area. Specifically the amendments would; —Force owners of small non conforming structi’-"e represent ing a small investment either to bring them into conformity or raze them within a reasonable period of time. Where there is “substantial” investment Invol ved in the building or in cost of bringing it into conformity, it will be permitted to remain with certain restrictions, until remov ed, or abandoned. * —Place a one-year limit on uses of land which will be rend ered non-conforming by amend ment to the ordinance, specifical ly junk yfrds and land fills for which no special use permit has been obtained. —Permit continued operation of Mass ‘Civil Disobedience’ ♦ : * \ Workshops Are Planned The Committee for Open Bus iness has begun organizing on a “crash basis':' a series of train ing workshops for “massive non violent civil disobedience in Chapel Hill.” The civil disobedience training program is one. of the major changes in tactics announced by the Committee following a meet ing of its executive committee on Sunday. The executive committee said the training workshops, schedul ed to begin this week, “will train citizens of varying age groups in the philosophy and practice of all forms of non violent civil disobedience.” The executive committee said it also had taken steps to provide legal and financial aid necessary to support civil disobedience. The executive committee ap proved a four-point program for accelerated action in the face of “continued segregation in thir teen local businesses and the failure of the Town's Board of Aldermen to vote approval of the equal services law." Besides the civil disobedience workshops, the Committee is planning a "massive demonstra tion of at least 600 persons in downtown Chapel Hill • during maximum business hours this coming Saturday." A goal of up to r 1,000 persons in future dem oastrations also was announced. Another part of the four-point program commended the sug gestion of George Coxhead that a . new committee of business men begin negotiations to per suade those remaining segregat ed business to lower their racial bars. The executive com mittee asked that it be given a report of progress in such ne gotiations by the time Os its next meeting, at 5 p.m. next Sunday, Bastille Day. The' remainder of the four point program is a canvass of the University campus and the community for signatures of at least I*ooo registered voters who support a public accommodations law. The signatures will be pre sented to the Board of Alder- trailer courts and use of mobile homes if they were located on their sites before January 9, 1961, provided the owners apply for a special use permit and comply with regulations governing oper ation of trailer courts and mobile homes. —Permit continued use of non conforming structures under the definition of the amended ord inance, provided they are not en larged or altered in such fashion that its non-conformity is in creased; that it shall not be re placed if over 60 per cent de stroyed; that it shall conform if moved to a new site. —Require removal of non-con forming signs on non-conforming structures and non-conforming signs on conforming structures within one year of the effective date of this amendment. —Set a five-year deadline for the cessation of non-conforming use of conforming buildings. —Limit repairs on non-con forming buildings to a period of twelve consecutive months, pro vided the repairs do not alter the basic building or exceed tey per cent of the replacement cost ( of the building. The proposed amendments were referred back to the Plan ning Board as a rriatter of pro cedure. The third item for public hear ing, an ordinance governing utility transmission lines within the Planning Area, was also a Planning Board recommenda tion. If enacted, the ordinance would prohibit further transmis sion lines anywhere within the planning area, unless installed underground, or in presently existing rights-of-way. If fur ther above-ground transmission lines ere built on these rights-of way a separate building permit will be required for each tower or pole. Gas transmission facili ties are also regulated. No restrictions are placed on utility distribution lines, includ ing electric lines, telephone lines, water end sewerage lines. Any line above 15,000 volts will be classified as a transmission line. Die proposed ordinance was drawn after attempts by Duke Power Co. to construct a 110,000- volt above-ground transmission line through the Morgen Creek area. The Duke bid was defeat ,.ed early this year. The proposed ordinance was referred unanimously back to the Planning Board for its recommendation, but opposition from some Aldermen is expected when it comes up for enactment. PRE-REGISTERS James Comstock Dunlap, the son of Mr. and Mrs. Ralph L. Dunlap of Chape] Hill, has com pleted pre-registration at the University for classes beginning next fall. Editorial comment on 4-C ’r * * „ >• -win,' w men. The Committee said it al so plans to "publish and keep before the public eye prior to city elections in two years the voting record of each Alderman in any vote in any way related to the public accommodations law.” Besides announcing its aceel- OUR BIGGEST SELECTION EVER! FRIGIDAIRE BEST BUYS! We’ve stocked up to the rafters With brand new Frigidaire appliances. Ano we re offering them for a very limited time at very special low prices. 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Franklin St. Phone $42*5141 " r *-'sr '*'■' era ted program, the Committee expressed concern at the increase in traffic violations during dem onstrations, and praised Police Chief William Bleke ; and his men for “their fairness and ob jectivity in carrying out their police duties during the march es." The executive committee’s ac tions were announced in a press release sent to news media and to the Board of Aldermen. Page 5