One hundred eleven years ofeditorialfreedom "Itar NEWS: 76-DAILY CLASSIFIED: 7640557 www michigandall y. com Thursday March 21, 2002 I~~~~~ , 4 ,. . .1~ Numerous factors at Rally targets racist views, 0 0 issue in lawsuits 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 were appoint- ed by Democ- r a t i c presidents, A which could 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- position. "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 know that." 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 point. "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 the records." 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. Supreme Court. "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 Supreme Court. 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 University's policies. Several Supreme Court justices are exnected to retire within the next few ignorance 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 DAVID ROCHKIND/Daily 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 Daily StaffReporter 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 property owners. 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." LAUREN BRAUN/Daily 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. Turnout for g b MSA could rival record. i I MS'o!6i ections 'f r a r-Winter 2002 a, , By Tomisdav Ladika '1 Daily Staff Reporter DAVID ROCHKIND/Daily 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. AATU askigfor $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 government. 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, he said. 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, McGlashen said. He added that according to past election trends, stu- dents can expect to see a fairly constant turnout this UAVIDKrATZ/Daily 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. City denies vendoirsspace at HashBash 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 student groups. 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 I ] i ,I