One hundred eleven years ofeditorialfreedom
www michigandall y. com
March 21, 2002
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By Shannon Pettyplece
Daily Staff Reporter
While the University awaits a deci-
sion from the 6th Circuit Court of
Appeals in the cases of Gratz v.
Bollinger and Grutter v. Bollinger,
which question the University's use of
race in admissions, legal experts are
speculating about the future of race-
based admissions and what factors
could affect the court's ruling.
Six of the eight judges on the bench
ed by Democ-
r a t i c
mean a deci-
sion in favor
of the Univer-
sity's admissions policies if the judges
rule according to partisan lines.
But observers of the 6th Circuit
b'elieve the court is one of the less pre-
dictable courts, despite its liberal com-
"In general, the 6th Circuit is seen
as a moderate bench," said Steven
Henderson, a legal analyst and assis-
tant editorial page editor for The Bal-
timore Sun. "The opinions out of this
court tends to be very balanced, as a
result. Sometimes, they're conserva-
tive, and other times they come off as
liberal. This case, however, has
national importance and the judges
Although recent incidents involving
racial slurs, hate flyers and controver-
sial speakers have re-ignited the cam-
pus debate over the University's
policies, Wayne State Legal Prof.
Robert Sedler said any activism by
students on campus would not likely
affect the court's decision at this
"They insulate themselves from that.
However, the decision is consequently
going to be controversial," Sedler said.
"At this point in time it's been over
three months since the cases were
argued. I expect the drafts have been
prepared and are being circulated.
Nothing can happen now that will
affect the decision. The court's decision
is going to be based on the facts and
Sedler said he did not want to
speculate on the 6th Circuit's deci-
sion, but said there is a possibility
the cases may not go to the U.S.
"There are three configurations -
two of which make Supreme Court
review likely," Sedler said.
He said neither case will go to the
Supreme Court if the 6th Circuit rules
in favor of the plaintiff on the grounds
that the use of race in admissions is
constitutional, but that the University's
admissions system is not.
The University is being sued by the
Center for Individual Rights, a Wash-
ington-based law firm.
If this is the ruling, the University
would have to reconfigure its
admissions policies but would still
be able to use race as a factor. As a
result, CIR would not be able to
appeal the case.
"CIR is right, but while CIR
would like to appeal, they won the
case," he said.
There are two other situations that
could lead to a Supreme Court hearing
- if the University's use of race in
admissions is ruled either unconstitu-
tional or constitutional. In either of
those situations, the losing side would
most likely appeal the decision to the
If the cases are appealed and the
Supreme Court grants a hearing Sedler
said it is impossible to predict what the
verdict will be although the Supreme
Court is conservatively weighted.
Sedler said there are currently four
Supreme Court judges who have pub-
licly supported affirmative action, and
at least two who are opposed to it. The
three remaining judges could be the
swing vote - either for or against the
Several Supreme Court justices are
exnected to retire within the next few
By Daniel Kim
Daily Staff Reporter
Aftershocks of anger over conserva-
tive author David Horowitz' Tuesday
night lecture on campus prompted
more than 100 students of various
minority students groups and Greek
houses to rally in front of the Michigan
Union yesterday afternoon.
Horowitz commented against black
slave reparations and described leftist
groups as "people who think corpora-
tions are the enemies and al-Qaida
could be our friend."
"We are here to show a united front
against ignorance. It's important to
show that the kind of ignorant attitude
(seen in Horowitz's lecture) will not be
tolerated," said Engineering junior
Adrian Reynolds, president of the
National Pan-Hellenic Council.
LSA sophomore Brandid Taylor
agreed with Reynolds, adding, "This rally
is a significant step to let people know
that the students of color have allies and
that his view is not the only view"
The rally began at 1 p.m. on the
front steps of the Michigan Union with
an opening speech by Reynolds. After-
ward, anyone wishing to speak was
invited to talk to the crowd.
"We are here to let everyone know
that we are not going to disappear
just becauseyou call us niggers.
Actually that's going to make us
more in your face," said Panther
McAllister, an LSA senior, in refer-
ence to the racial slurs recently writ-
ten in Couzens Residence Hall and
on the Diag.
Sidney Bailey, an Engineering
junior and member of Omega Psi
See RALLY, Page 7A
Students gather In front of the Michigan Union yesterday to listen as Engineering Junior Ron Crawford denounces recent racist
incidents and "ignorance" on campus. Several people spoke to the crowd, and the rally ended with a chant.
Residents must clean up
garbage or face charges
By Tyler Boersen
Throughout Ann Arbor, old newspapers sit on doorsteps, garbage
cans overflow and animals rummage through the remnants of daily
life. But a new city ordinance will attempt to clean up unsightly mess-
es at the owners' expense.
Starting April 15, the Clean Community Initiative will allow city
officials to issue notices to residents, ordering them to clean up lit-
tered yards and sidewalks. The resident will then have 24 to 48 hours
to have the trash removed, and if it is not, a fine will be sent to the
Ann Arbor Mayor John Hieftje said he recently removed a hide-a-
bed and washing machine from his basement and called the city to
have it removed at a cost of $30. But if he had not called and a neigh-
bor complained, the city would have taken it free from charge. Under
the new system, he would receive a fine.
"We are trying to be more proactive so that ... we can get more
compliance from property owners," Hieftje said.
He said the program is not aimed at students, but the city receives
complaints from people throughout the city.
"I talk to a lot of people who live in areas where they don't want to
see trash either," Hieftje said.
LSA senior Reisha Goldman said she finds the trash in her neigh-
borhood repulsive and would like to see it cleaned up, but said she
does not think it is the fault of students.
"Sometimes bins get stolen, so the trash is just sitting out. If it is not
in a bin, the squirrels get into it," she said.
Last year the city spent $35,000 in free clean-up services, and
Hieflje said he would like to recoup some of that money. That is what
concerns Jim Morris, legislative council member at the Washtenaw
Area Apartment Association.
"We are concerned that this is another way to get more revenue
from students," Morris said.
"We should focus on picking up trash and not on asking who can
we charge for everything."
Students may be charged by the city If they do not clean up the
garbage that litters their yards, according to a new ordinance.
Morris believes that students already pay more into the Ann Arbor
community through taxes.
"The most offensive thing they say is that students don't carry their
load and are a burden on spring cleanup," Morris said.
The city will also limit its free clean-up service to only two weeks
during student-move-in and move-out.
g b MSA could
i I MS'o!6i ections
'f r a r-Winter 2002
a, , By Tomisdav Ladika
'1 Daily Staff Reporter
LSA senior Mark Weber takes a pie in the face while raising awareness about the
Ann Arbor Tenants Union. The AATU is asking for $1 on the MSA elections ballot.
$1 on MSA ballot
Nearly as many voters cast ballots for the Michigan
Student Assembly yesterday than during the entire Fall
2001 election, showing an increased interest in student
As of 11:30 last night 5,569 students had voted in the
elections, according to turnout statistics provided by
Election Director Collin McGlashen. Voters cast 5,104
ballots for the Michigan Student Assembly, 3,747 for the
LSA Student Government and 870 for the University of
Michigan Engineering Council.
These numbers surpass the total turnout of the Fall
2001 student government elections, during which 5,924
students voted for MSA candidates, 3,845 for the LSA-
SG, and 1,536 for the UMEC.
"The parties have done a tremendous job of getting
people to vote," McGlashen said.
He added that the amount of votes shows students
realize MSA is important and has the potential to be an
influential student body.
This election's results are not an aberration, Alok
Agrawal, election director for the record-setting Winter
2000 elections, said. Each year new parties, which are
generally more energetic in terms of campaigning, are
formed and voters become more aware of the elections,
The number of students who logged on to the Univer-
sity's election Website to cast online ballots was so mas-
sive that the server malfunctioned for 20 minutes,
He added that according to past election trends, stu-
dents can expect to see a fairly constant turnout this
Ben Dickson of Monroe, Mich., looks at glass pipes at
Stairway to Heaven on South State Street yesterday. Vendors
will not be able to set up booths on sidewalks at Hash Bash.
By Jeremy Berkowitz
Daily Staff Reporter
By Jordan Schrader
Daily Staff Reporter
Flyers and chalkings advertising
Michigan Student Assembly candi-
dates are impossible to miss onecam-
pus, but the advertising for another
issue that will be decided in the elec-
tion is less ubiquitous - a $1 increase
in funding for the Ann Arbor Tenants
Union. Students who vote for their
representation as the election con-
to weigh in on this question, which
could affect how the union will help
tenants in the future.
If the proposal is approved by the
student body, the University Board of
Regents will decide whether AATU
would receive $1 of each student's
tuition every semester. Currently, the
union is funded by MSA like other
The, increase would allow AATU to
better pursue its goals of educating
Hash Bash, a long-time Ann Arbor tradition for lovers of
cannabis, will not be the same this year for merchants who like
to sell their products outside on the street. Interim City Admin-
istrator Ron Olson declared last week that vendors and mer-
chants will not be allowed on sidewalks during Hash Bash this
year on April 6.
"The city administrator has issued a proclamation that will
invalidate sidewalk occupancy vendors and peddlers permits
for that day in a specified area surrounding the State Street and
University Diag area," James Kosteva, director of community