Page 4-Friday, March 31, 1978-The Michigan Daily Ybr Aidhwn OafI Eighty-Eight Years of Editorial Freedom 4 420 Maynard St., Ann Arbor, MI 48109 hVol. LXXXVIII, No. 143 News Phone: 764-0552 Edited and managed by students at the University of Michigan Why a'Fair Rental'booklet? Pot bill: One step fo UST LIKE the little boy who cried to Derezinski, twolf too many times, so many ment more into marijuana decriminalization bills the crime. He hake been introduced and killed in the having entire staff legislature in the past few years criminal recor thai few people pay attention anymore.tion. S9 it should come as no surprise that Derezinski' thepassage last week of yet another justifiable. The bilt by the state Senate has been for the possessi greted with little enthusiasm by of proportion ti deiminalization supporters. crime. Smay finally be time, though, for Many young penletosit'up and take notice, the use of mar because unlike all of its predecessors, lifestyle, much offtials in Lansing say this bill has a grandparents godi chance of becoming law. recreational d Op the surface the bill, co-sponsored suggest thatr by state Senators Anthony Derezinski less physiolog (DEMuskegon) and Jerome Hart (D- alcohol use. Saginaw), closely resembles the bills Yet many of Representative Perry Bullard (D-Ann in the state sp Arbor) has introduced and watched die taxpayers' mo three times. the drug while] much more d The bill would reduce the penalty for remain unenfo possession of one ounce or less of say they are c marijuana to $100 dollars and would funded. Many outlaw jail sentences. A person convic- destroyed by 1 te'd under the plan would pay the fine in prison terms. a sinilar fashion as he would a traffic But there a ti ket - a system being used suc- Derezinski-Ha c sfully in Oregon, New York, and a touched state hirdful of other states. public use of m bi addition, the bill stipulates that a drug. It is only co yicted person would have no per- for possessio m~ient criminal record and that no penalties for lopal government could pass a law likewise be libe making penalties more severe There is littl gerezinski said the purpose of the has a drug p bi11 is not. to begin a process which shown that st wild end with marijuana legalization, tiquated lawsi bit to save the state time and money problem. That wbiich could be put to better use. He drance to the f estinated that it costs the state $1300 to that should tak pr ecute a person on a dope charge. and parents a Aother of the bill's aims, according consequences o carter's human rights PHIS WEEK, President Carter Kissinger-Nixo made headlines by mentioning the The. proble n*b1 to respect human rights during proach, howe hi visit to Brazil, a noted violator of willingness to h an rights. rights standar ' uman rights were also in the news Internationa iAnn Arbor this week, as 15 Iranian receives Carl s ents began a hunger strike to with skepticis p .est inhumane conditions in Iranian rights deficie p ons. which Carter h e *Ann Arbor strikers joined The most hi t sands of inmates throughout Iran case involves g ig without food in protest against defendants in N Ir .nian human rights violations in a group of non li 's jails. tivists serving :his is not the first time the iron- over 200 years f'Med policies of Iran's dictatorial prosecution wi Siih and his feared secret police, did not commit AK, have brought cries of protest Both Attorn heie at the University of Michigan. and Carter hi A( is also not the first time that the been asked to i irpnsistency of Carter's public com- to intervene on zatment to human rights around the group. Both 1 vrld have been exposed to view. stepped the cas :Carter is, of c'ourse, to be commen- If the U.S. dea for raising the issues of human even-handed a ts to the arena of international wide human ri ate. Carter's outspokenness on the cleans up its a an rights question is a refreshing then our cou c*ange from the public silence of the respect and att - - - -- - ---------- - --------- ------------------- M 1 )rward is to bring the punish- line with the severity of cited cases of students careers ruined by a d of a marijuana convic- positions are present state penalties on of marijuana are out o the seriousness of the people have accepted ijuana as a part of their like their parents and used alcohol as a rug. Numerous studies narijuana use is much ically damaging than the police organizations end a great deal of the ney pursuing users of laws sanctioning crimes amaging to the society rced because the police overworked and under- a young life has been harsh and unnecessary re problems with the rt bill. It would leave un- laws governing the arijuana and selling the logical that if penalties n are reduced then the supplier should ralized. e doubt that this society roblem. But time has rict enforcement of an- is not the answer to the mentality is only a hin- ree and open discussion e place between adults id their children on the f drug use and abuse. blinders in-Ford years. m with Carter's ap- ver, has been the un- apply a single human I to all nations. i1 public opinion also te's pronouncements m because of human ,ncies in this country as failed to attack. ighly visible individual the Wilmington Ten forth Carolina. They are i-violent civil rights ac- prison terms totaling for an act of arson the tnesses now admit the 10 ey General Griffin Bell mself have repeatedly nvestigate the case and behalf of the civil rights have repeatedly side- >e. begins taking a more pproach to the world- ghts problem - and if it act at home as well - ntry will deserve the ention it seeks. If the "Fair Rental Information" proposal is passed by the voters of Ann Arbor in Mon- day's election, the mayor will have the oppor- tunity to appoint authors of a booklet on tenants' rights to be written in three separate sections: one by tenant advocates, one by landlord advocates, and one by impartial writers. The new three-section booklet would replace the tenants' rights booklet which the city now publishes, and which all local lan- dlords are required by law to distribute to their tenants. Why is the new three-part book needed? Because the city's current booklet does not serve tenants well. I find over 25 serious problems with the book, all of which can be attributed to the fact that landlords, in whose economic interest it is to limit tenants' knowledge of their rights, had an important influence over the content of every part of the book. TENANT ADVOCATES want tenants to be told as much as possible about their rights, in as clear a manner as possible. Landlord ad- vocates, on the other hand, want tenants to know as little as possible about their rights. Therefore, the landlord side and the tenant side have differing ideas of what should ap- pear in a Rights and Duties of Tenants booklet. The city's current booklet is presented as an impartial description of local landlord- tenant law. But the booklet is in fact not im- partial. It reflects intense partisan pressure from both the landlord side and the tenant side. This pressure was hidden, but its effect on the booklet was very real.0 The over-all result of the landlord influence on the current booklet is that the booklet is deceptive, confusing, inaccurate, and incom- plete. It gives some poor advice, while omit- ting obvious good advice. The tone of the book unrealistically describes the landlord as the friend of the tenant. This portrayal is con- trary to common sense, as well as contrary to the experience of every tenant advocate. One landlord, interviewed a while ago by a University of Michigan student, bluntly referred to landlords and tenants as "natural enemies." While no one wants to perpetuate that animosity, and while there are some landlords who are generous to their tenants and to the community, landlords and tenants are obviously economic adver- saries-and any tenants' rights book which belittles the importance of this fact is not a good book for tenants. The benefit of the booklet proposed in "Fair Rental Information" would be that it would allow both the landlord and the tenant side to openly express their views in an uncom- promised fashion. It would become clear what landlords want tenants to know, and what tenant advocates want them to know. A RIGHTS BOOK can be no better than its writers. And no matter how skilled and dedicated its writers, a rights book that is censored by private interests can be no better than its censors allow it to be. I speak from experience, as I have co-authored tenants' rights books for Ann Arbor. The first time was in 1973, when then-City Attorney Jerry Lax and I were co-authors. City Councilhad a Democrat-Human Rights Party coalition on By Jonathan Rose the issue then, and the majority favored a fairly progressive statement of existing rights. Mr. Lax and I were able to anticipate the political reality. We wrote without overt cen- sorship; but we deleted certain useful material from our book. We deleted this material because, although it might have proved helpful to tenants, the politics of the situation decreed that we could not tell tenan- ts that much about their rights. Very soon after the passage by City Council of the first tenants' rights booklet, the Republicans elected a mayor and held a majority on Council. They immediately voted to re-write the book. I served on the re-write committee, along with other tenant advocates and with landlord advocates. The Republicans and the landlords spoke fairly The over-all result of the land- lord influence on the current booklet is that the booklet is deceptive, confusing, inaccu- rate, and incomplete. It gives some poor advice, while omit- ting obvious good advice. consistently with one voice. There was little if any disagreement with the accuracy of the book which Mr. Lax and I had written. But there was discussion over just how much tenants ought to know about their rights. For example, the landlords knew that whereas University of Michigan Mediation Services would help tenants get relief for lack of repairs in their rental units, Legal Aid would increase tenants' awareness of their rights, while Tenants Union would work for broader- based economic justice through collective negotiation similar to that of labor unions. the landlords were willing to leave references to Mediation Services in the book, but they wan- ted references to Legal Aid and Tenants Unions deleted. Aftereserious negotiations, a compromise was struck. Tenants would be told, about Legal Aid in the booklet, but they would not be told about their right to join Tenants Unions. The landlords of Ann Arbor had censored a book. The latest tenants' rights book, approved on December 19, 1977 by City Council, was writ- ten in such a way as to make it acceptable to a Republican-majority Council. And although the book's principal author, ConnieLeClair, is skilled, dedicated and knowledgeable in the area of tenants' rights, the book could not have been better than its de facto censors allowed it to be. THE FOLLOWING are examples of the shortcomings of the booklet: A basic theme of the book is that a tenanit should always seek counsel of the landlord before seeing a "third party" about a complaint, this is simply bad advice. Tenants should never negoitate with their landlords without being fully aware of their rights in the specific situation, and of the risks, costs, and benefits of asserting those rights. There are three basic reasons that tenants must be armed with information not included in any tenants' rights book, to suc- cessfully negotiate with their landlords. One of these reasons is that landlords, being in the business of handling landlord-tenant relations, are usually at a considerable ad- vantage over tenants negotiating alone and with limited knowledge. - The second reason is that landlords are known to assess the amount of information a tenant has, and to give up only what must be given up. For example, an uninformed tenant may decide not to go on rent strike when the landlord intimidates him by mentioning "eviction" or "attorneys fees." 'Because of his weak bargaining position, that tenant loses the right to require that necessary repairs be made. The tenant who has legal advice knows that the mention of eviction and attorneys fees are no more than illusory threats in most cases. An attorney can advise whether the specific tenant's case in an ex- ception. If it is, the attorney can advise an ap- propriate cautious settlement approach. And finally, tenants acting together and tenants with legal counsel almost always get better results than tenants acting alone. The current tenants' rights book advises tenants that if they discover a clause in their lease which appears to be unenforceable, misleading, and unfair, they should bring up their objection to the lease clause with the landlord before signing the lease. This advice is extremely poor for tenants, but .excellent for landlords. In a city like Ann Arbor which has an acute housing shortage, landlords can afford not to rent to tenants who announce in advance their ability to argue for their rights. Such a tenant is likely to be advised to look for a different apartment. A landlord's right to refuse to rent to a tenant who he feltknewtoo much about her rights was recently upheld in a New York Supreme Court case. Tenant lawyers advise tenants to move in first, and assert the invalidity of invalid lease clauses later. These are just two examples of the many problems with the city's current tenants' rights booklet. The importance of increasing tenants' ac- cess to information on their rights is agreed. upon with near unanimity by moderates, liberals, and radicals. Honest conservatives, when their consciences and not the landlord interest groups are guiding them, also seem to agree philosophically with the goal of in- creasing consumer information in general. Tenants, among consumers, are par- ticularly in need of maximum information about their rights. The "Fair Rental Infor- mation" proposal would provide local tenants with clear information from their own ad- vocates, while for the purpose of fairness also providing them with information from lan- dlord advocates and impartial authors. The three-part booklet proposed by "Fair Rental Information" is needed by Ann Arbor tenants, because even the best com- promise" book stifles the flow of information necessary to tenants., Jonathan Rose is an attorney for the Michigan Student Assembly Housing Reform Project and one of the two co- authors of Proposals A and B. A deadly insurance policy By Greg Lynne TE~ TRA'SNBAGr MLJOMM Over 6 million abortions have been legally committed since 1973 as of last November, more than the number of Jews killed under Hitler. If you are pur- chasing the U of M Health In- surance Policy, you are helping pay for legalized abortions. Last September, because of my moral stance against killing, I opted not to renew my health insurance which provides payments for abortions. I wrote the Student In- surance Chairman of the Michigan Student Assembly that I am being discriminated again- st based upon my moral position and, in effect: being denied health insurance. I received no reply. Quite simply: "Abortion requires an operation. It kills the life of a baby after it has begun." (from Planned Parenthood Federation of America pamphlet Plan Your Children for Health and Happiness). I am opposed to all forms ,of killing, especially when it involves taking advan- tage of the weak, those unable to defend themselves, and those being denied their rights as human beings. Regardless of your moral position, let me dispel a few simple myths concerning abortions. "LIFE doesn't begin until bir- th" is an oft-stated defense by those who are pro-abortion - ac- tually it is a mute statement. Modern science has shown that the sperm and egg are as much alive as any other human cell. F. R. Lillie (W. Chicago Press, 1919) states: "There is no phenomenon in the field of biology that touches so many fundamental questions as the union of the germ cells in the act of fertilization; in this supreme event all the strands of the webs of two lives are gathered in one knot, from which they diverge again and are rewoven in a new individual life- history ... The elements that unite are single cells, each on the point of death; but by their union a rejuvenated individual is formed, which constitutes a link in the eternal procession of life."- Lillie's poetic use of the ex- pression "strands of the webs of two lives" could not have been more accurate in view of the more recent discovery of DNA and the ,genetic completeness of the fertilized ovum containing al cell. This is true of the human being, for instance, who begins life as a fertilized ovum." (I. Asimov, The Genetic Code, 1962). Webster's dictionary defines a "person" as simply an individual human being. If we are to believe Asimov, the human beings begin life as an ovum and that ovum contains the blueprints for a human life with potential, then we must regard the fetus from the moment of conception as a "person." All human beings require the proper nutriments and the proper environment to grow and develon on Monday, April 3 at 7:30 p.m., on the third floor of the Michigan Union. At this meeting the student members .of the com- mission will be rewriting the student health insurance. policy for next year. Will you be a spokesperson for the unborn? Can your conscience continue to support help for abor- tions under the guise of "health insurance?" At the last meeting of the Michigan Student Assen- bly, Phil Merdinger, the Chair- man of the Student Insurance Committee, proposed that the question be nut to the student .. "- i V///%/,111 i