An incinerator by any other name is still just an
incinerator. Pick your favorite euphemism for the
University's latest pollution creator.

Louis Mallee successfully fought the MPAA to
earn an R-rating for his latest film, "Damage."
Read Michael Thompson's review to find out if
it's any good.

SPOT
Last year, the Michigan-Ohio State men's
basketball series was a war in three acts. Tonight's
contest may not be so dramatic, as Ohio State just
ain't the team it used to be.

Today
Chance of snow;
High 31, Low 24
Tomorrow
Still flakey; High 33, Low 23

Jr

41*1

tz
47 tj

One hundred two years of editorial freedom

Vol. CIII, No. 66 Ann Arbor, Michigan -Tuesday, January 26,1993 O 1993 The Michigan Daily


Clinton
pledges to
allow gays
in military
WASHINGTON (AP) - Despite
intense opposition from the
Pentagon and Congress, President
Clinton promised yesterday to fulfill
his pledge to revoke the ban on
homosexuals in the military.
Clinton summoned the Joint
Chiefs of Staff to the White House
to hear their objections and explore
grounds for compromise.
"I want their input on how we
should do it," Clinton said. "I think
they're entitled to really be listened
to on a lot of the practical issues."
Clinton's promise to end the 50-
year-old ban has inflamed passions,
presenting the new commander in
chief with the delicate challenge of
carrying out a major campaign
pledge while preventing a backlash
from Congress and the Pentagon.
Defense Secretary Les Aspin
spoke earlier of the potential for a
"revolt" in the military and said that
members of Congress are over-
whelmingly against lifting the ban.
White House communications
chief George Stephanopoulos said,
"I think we'll be able to sell it.
"Whenever you try to make
progress in civil rights, in ending
discrimination,_there is opposition at
the front," he said. "It's always dif-
ficult. I think here there are some
special difficulties with the military
in making sure that we do maintain
good order and discipline."
Senate Armed Services
Committee Chair Sam Nunn (D-
Georgia) promised hearings on the
issue in March, and said the admin-
istration was failing to listen to the
needs of service men and women.
"I think something is fundamen-
tally flawed when the men and
women in the military have an issue
that is vital to them, that affects
them, and they never have been
heard from," Aspin said.
"We want to end discrimination
against homosexuals in the military,"
Stephanopoulos said. But he said
Clinton also wanted "to maintain
order and discipline in the military."
Administration officials say
Clinton has prepared a two-step pro-'
cess to revoke the ban. In the first
step, the president would simply di-
rect Defense Secretary Les Aspin to
halt the practice of asking the sexual
orientation of new recruits and stop
proceedings to oust declared homo-
sexuals.
The second phase calls for devel-
oping an executive order, formally
lifting the ban and addressing the
problems raised by the Joint Chiefs
and others.
A memo from Aspin to Clinton
said the president should give the de-
fense secretary six months to draft
an executive order lifting the ban.
The delay would "avoid an im-
mediate debate in the Congress - a
debate that is likely to be against this

position," according to the memo,
which was obtained by The
Associated Press.

Plan to spur
economy to
be unveiled
by David Shepardson
Daily Government Reporter
The long-debated question of whether increased fed-
eral spending is necessary to boost the economy -
given recent positive economic news - has been tenta-
tively settled, according to a senior House committee
chair.
House Public Works and Transportation Committee
Chair Rep. Norman Mineta (D-Calif.) said last week that
congressional Democrats and members of President
Clinton's economic team have reached preliminary
agreement on a $24 billion economic stimulus package
to be unveiled early next month.
Highlights of the proposed plan include:
$8 billion for new federal education spending;
$8 billion for supplemental environmental and
housing spending; and,
$8 billion for infrastructure and transportation
funding.
Mineta said the committee has begun working on the
transportation and infrastructure section of the package.
Subcommittee on Public Works Chair Rep. Robert
Wise (D-W.Va.) held public hearings Jan. 15 on trans-
portation issues included in an economic package.
Despite reports from Capitol Hill, the White House
has not released any specific details of an economic plan.
But White House Communications director George
Stephanopoulus did say yesterday that Clinton would
stick to his campaign promise to increase federal spend-
ing to boost the economy.
"President Clinton is committed to a stimulus pack-
age," he said. "We have had ongoing discussions with
the congressional leadership."
Michigan Sen. Carl Levin said he supports a stimulus
package, but said new spending must be accompanied by
a reduction of the budget deficit.
"Unless the measure is closely tied to deficit reduc-
tion, there is no incentive for the Congress to act on re-
ducing this huge deficit," he said.
Toni Blankey, press secretary to House Republican
Whip Newt Gingrich, said House Republicans have been
left in the dark on the specifics of an economic stimulus
package.
"We haven't got a clue," Blankey said. "It seems odd
that the Democrats would be talking about spending
more money, in light of a $300 billion deficit."
The biannual Democratic Issues Conference will
meet at Johns Hopkins University in Baltimore Thursday
to hammer out the details of the stimulus package. How-
ever, the final package may not be announced until Clin-
ton's State of the Union address next month.

Math tables
LSA first-year studentJacob Sonneborn diligently studies his calculus at the newly installed tables overlooking the Angell Hall
Computing Center. Seated behind him are Kris Komives and Kathy Mann, also LSA first -year students.
OIIice of Aiirmative Action

awaits administrativ

by Nate Hurley
Daily Administration Reporter
Employees in the University's Office of
Affirmative Action are waiting with baited
breath as the search continues for an
Executive director of human resources and
affirmative action.
The position was created last summer
when the University announced that the
Offices of Affirmative Action, Personnel
and Academic Affairs-Personnel will be
combined.
Office of Affirmative Action Program
Associate Lynne Dumas said things are

quiet, for now.
"This is the calm before the storm," she
said. "It's really up in the air. You don't
know what's going to happen, but you
know that something is stirring."
Currently, the three offices are orga-
nized as follows:
James Thiry, assistant vice president
for personnel, reports to University Vice
President and Chief Financial Officer Farris
Womack;
Colleen Dolan-Greene, assistant vice
president for academic affairs-personnel,
reports to Provost Gilbert Whitaker; and,

e changes
Jimmy Myers, interim director of af-
firmative action, reports to University
President James Duderstadt.
Under the new plan, all three will report
to the new executive director.
A task force - headed by School of
Business Administration Dean Joseph
White - has been conducting the search
since July.
"We want to emphasize that this leader-
ship charter comprises not only a mandate
to increase efficiency and reduce costs, but
to increase the quality and responsiveness
See MERGER, Page 2


Zingerman' s takes its beef with
Amer's to federal district court

by Nate Hurley
Daily Staff Reporter
The owners of Zingerman's
Delicatessen and Amer's
Mediterranean Deli agree that
their establishments are similar -
but the agreements end there.
The extent of their similarity is
the subject of a lawsuit filed by
Zingerman's in November accus-
ing Amer's of infringement of
trade dress, or duplicating its style
and atmosphere.
Ari Weinzweig, Zingerman's
co-owner, said the decision to sue
was very difficult because he said
the deli is unaccustomed to initiat-
ing legal action.
Zingerman's opened in 1982
on the corner of Detroit and
Kingsley Streets near Ann Arbor's
Kerrytown section. Amer's

opened its first store on Church
Street a few years ago. The second
location on South State Street
opened last August.
It was the State Street Amer's
location that apparently prompted
the litigation because of its prox-
imity and similarity to
Zingerman's.
"I didn't touch their market un-
til I got over to State Street," said
Amer Bathish, owner of Amer's.
Weinzweig said Zingerman' s
delayed filing suit until Amer's
opened on State Street because the
similarities became "more blatant.
"It became clear to us that we
had to act to address their trade
dress," he said.
Trade dress - the key accusa-
tion in the lawsuit - appears to
have been interpreted differently

by the two parties.
"Trade dress is a business' dis-
tinctive style of doing business,"
Weinzweig said, claiming that
Amer's copied Zingerman's style.
Erik Whittle, Amer's promo-
tions director, said trade dress
does not apply because "Zinger-
man's did not have people go out
and design anything.
"Everything they have there
has been present in delis for a cen-
tury," he said.
Bathish and Whittle claimed
Zingerman's is filing suit because
they are afraid of competition.
"I believe that they were and
are unprepared to compete in the
market and are trying to keep a vi-
able competitor at bay, so they de-
cided to launch the lawsuit," said
See DELIS, Page 2

HEATHER LOWMAN/Day

Pictured are two popular area delis,
Zingerman's (left) and Amer's
(right). Zingerman's is suing Amer's
for similarities in marketing style.


I


Applicants for resident advisor
positions face housing dilemma.
by Michelle Fricke Sarris, senior assistant director of applicants is intense. On

State of the State
Listed below are key points
of Gov. John Engler's State
of the State address, to be
delivered tonight in Lansing:
Property tax relief - a
oromise from his 1990

Engler's agenda includes

tax cutsjob
LANSING, Mich. (AP) -
Gov. John Engler, blocked for
two years by Democrats in the

retraning
Nearly $500 million in state
and federal funding goes for job
training offered by public

ly one-third

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