Page 4-Friday, May 30,1980-The Michigan Daily S. African squatters defy homelands policy 4 Oscenizoty, zoning and basic rights T IHE ANN Arbor zoning ordinance that pro- hibits the establishment of "adult" bookstores within 700 feet of a residential area clearly violates the first amendment of the United States Con- stitution. Unfortunately, the courts are not likely to see the issue so clearly. The Supreme Court has long con- sidered "obscenity" exempt from the protection of the first amendment, although just what "ob- scenity" is and just why it does not fall under the first amendment is something the Court has never satisfactorily explained. The wording of the first amendment is quite sim- ple: "Congress shall make no law ... abridging the freedom of speech or of the press.. .." Nowhere in the bill of rights, nor anywhere else in the Con- stitution, are there qualifications or exemptions to the words "speech" and "press." Communities have a perfectly legitimate interest in regulating where certain establishments should be built. They can rightfully prohibit commercial establishments in certain areas, zone for density, and regulate where establishments such as highrises, schools, or freeways belong. But a zoning ordinance that discriminates bet- ween certain types of bookstores infringes upon a basic freedom. When a city says some literature is permissible and other literature is not, it is inherently imposing censorship upon its residents. The law has no place indulging in literary criticism. Whose place is it to decide what falls beneath the obscure term "obscenity?" Standards vary from year to year, community to community, and in- dividual to individual. Many works now considered important literary pieces were once barred as ob- scene. The first amendment is absolute and to pretend otherwise is dangerous. If the first amendment does not protect obscene expression, and if ob- scenity is undefinable, then it logically follows that any form of expression could someday, somewhere be labeled "obscene" and be open to prohibition and censure. That occurence is exactly what the founding fathers wished to avoid when they wrote the words, "Congress shall make no law . . .'' Community members have angrily protested the location of an adult book store on Fourth Ave. that is violating the city's zoning ordinance. These residents can picket the store, make their concerns known to the store's patrons, and try every peaceful means to effect an economic boycott of the establishment. Just as the Constitution should protect the right of the bookstore to locate where any other bookstore may, so it protects the rights of others to peacefully assemble and protest the contents of the store's literature. That's the beauty of the first amendment. It ought to be an absolute guarantee protecting everyone's right to express him or herself without CAPE TOWN, South Africa- Cape Town is the oldest and arguably the most beautiful city in South Africa, nestled in a stun- ning setting of rugged mountains, cliffs and the sea, rimmed with. white beaches. But, to hundreds of thousands of South Africans, it is a poisoned paradise. The white neighborhoods, im- maculate and spacious, are distinguished by eleborate gar- dens reflecting the meticulous care of black gardeners. The townships in which blacks are required by law to live, however, are dismal, monotonous com- munities-their dwellings over- crowded at best. In any case, they house only half the area's black population. The housing crisis facing Cape Town's blacks is so severe that more than 400,000 people are in need of adequate places to live. MOST -OF THEM are now among an estimated 250,000 "squatters" who live "in homemade shacks of corrugated sheet metal, forming illegal camps with populations up to 40,000. The official response to these communities has been straight- forward and nearly uniform: squatter camps are regularly leveled by bulldozers. Women and children are forcibly depor- ted to the homelands, or they scatter into the bush with their belongings, where many tenaciously gather to rebuild their communities. Permanent black communities located near "white" cities are considered a threat, and one of the measures the government has employed in attempting to destablize and slow their growth is restricting the availability of family housing. Following an of- By Adam Morgan ficial policy decision in the late Sixties, construction of black family housing in white areas dropped, increasing over- crowding and lengthening the waiting lists. In the Cape Town area, a virtual moratorium on construction of homes for blacks began in 1966, and eased only recently. BUT THE JOBS are in the "white" cities, and the use of black labor is essential to the. white economy. Thus, black men are allowed into white areas, not as permanent settlers, but as migrant laborers with one year contracts, required to live without their families in dreary single-sex hostels. They may work for 40 fears in the same area, renewing their contracts every year, and still be con- sidered "temporary sojourners" while their wives are "super- fluous appendages" who must remain in the homelands. The homelands, which com- prise about 13 per cent of South Africa's land area, are im- poverished, tribal reservations populated mostly by women and children or the aged and infirm left behind by able-bodied workers. More than one million families are split by the migrant labor_ system, involving nearly a third of South Africa's total black population. In the Cape Penin- sula, the situation is particularly difficult for those of pure African descent, for it is declared a "Colored (mixed race) Preferen- ce Area." Jobs and housing for Africans are even scarcer than elsewhere, and African families experience tremendous strains.. "Our children never know their fathers, and we as women take the wrong way just because we miss our husbands," observed one African woman. BUT IT IS not only emotional preference that drives women to the "white" cities where their husbands work. There are -vir- tually no jobs in the homelands. African women and their children are expected to support themselves there on remittances from their husbands, sums so pitifully small that many simply cannot survive. According to the World Health Organization, one half of 'black children in the homelands will die before the age of 5. The primary killers are gastroenteritis and pneumonia aggravated by malnutrition. "You write a letter to your husband," explained a woman illegally residing in Cape Town, "by the time it reaches him either you or the child is sick. By the time he writes back the child is very sick, or has died. Then I decided for myself that it is bet- ter to stay with my husband.", That these women of the squat- ter camps are determined to stay despite the consequences is testimony to even worse con- ditions in the homelands. "If they demolish our shanties here at Crossroads, I will remain here, because I have no other place to go," declared a Crossroads resident. "I will stay here even if I have to stay under a bush. I have no intention of going back to the country, because at home I will be facing hardship and star- vation." Adam Morgan is a freelance writer who recently visited South Africa. He wrote this article for Pacific News Service. 4 4 I I LETTERS TO THE DAILY: Painting ofplaza no prank, To the Daily: want a plaza of their own, let suggest the renaming of the The repainting of the sign in them pay for it out of their Center as the Student Power- front of Peoples Plaza is NOT pockets. Theater. a "prank begun last year," as While we're on the subject, Remember the Party Plat- some historically ignorant it may also be time to remind form: assistant night editor would you that the Power Center was "We paid for it-We painted have it (Daily, May 28). only partially paid for by the it!" The sign in question has gift of former Regent "Until the Blue Sun Burns been repainted whenever it Power-half the funds came the Gray Winter of Apathy has appeared-beginning in from (you guessed it) the Away!" December, 1969 (Daily, Jan. general fund. It seems to us -Steve Nissen 10, 1970). We of the Blue Pan- only fair that all the philan- Imaginary Chairperson ther Party proudly take thropists involved be honored Canadian Blue Panther responsibility for this equally and we therefore Party May 28 courageous act of defiance. A quick check of the record will, show you that the plaza bet- ween the new and old ad- ministration buildings was constructed at a cost of something over $100,000 of general fund money. Money extorted from the student body through outrageous tuition charges should not go to glorify those responsible fort: the outrage. If anyone is playing a The recently painted People s Plaza sign usually "prank" here it's the Plant reads "Regents' Plaza. ,Department:,-I--the . ..g ,r