Wednesday, July 12, 1995 - The Michigan Daily - 3
1
'U' forced to grant confer access
By Patience Atkin
Daily News Editor
The University's Internet-related problems
are far from over.
According to a ruling handed down on June
30 and received by the University on July 5, the
University must allow former student Chetly
Zarko access to computer conferences between
members of the Board of Regents.
"The court does not find that the conferences
fell under the privacy exemptions of Michigan's
Freedom of Information Act nor were they ex-
empt from compelled disclosure," wrote
Washtenaw County Circuit Court Judge Karl V.
Finkin his opinion.
Zarko, a former University student, filed a
request in 1993 under the Michigan Freedom of
Information Act to obtain access to computer
conferences between the regents. When his re-
quest was denied, he filed a suit in December
1993.
"My fear was that (the protection of all e-
mail as private communication) would createa
loophole that anyone could use at any time,"
Zarko said. "Administrators could just write e-
mail memos instead (of writing paper docu-
ments)."
The University had provided Zarko with pa-
per copies of the conferences, but Zarko said that
was notsufficient.
The court agreed. Kirk wrote that while the
federal government's Freedom of Information
Act requires only that information be supplied,
It was mostly Just jokes
by (Regent Deane
Baker)."
-Chetly Zarko
former University student
Michigan's act requires that the actual document
be submitted.
"Therefore, although the Defendant's action
would likely have met the federal standard, they
were not sufficient to meet Michigan's," Kirk
wrote.
The University, however, maintained that
they should not have been forced to give Zarko
access.
"We provided papercopies of allof the docu-
ments Mr. Zarko asked for," said University
spokeswoman Lisa Baker. "He wantedcomputer
access. We have maintained all along that we
didn't wantto do that."
Zarko said he was seeking access to the con-
ferences for "research" he was doing on the Uni-
versity.
"On the whole, the regents' conference was
innocuous," Zarko said after receiving access.
"It was mostly just jokes by (Regent Deane
Baker). If you read it with some knowledge of
what the issues are, though, you pick up what's
going on."
In addition to awarding Zarko access, the rul-
ing also states that computer conferences are not
covered by the Open Meetings Act and requires
the University to pay Zarko's court costs and at-
tomey fees.
Although this would at first seem to be a land-
mark decision in establishing e-mail regulations,
both the University and Zarko maintain that the
effects of the decision will not be felt outside of
the University -yet.
"The judge said in his reviews that his judge-
ment pertains to this case and this case only,"
spokeswoman Baker said.
"I am pleased with the outcome," Zarko
said. "I don't know what the University
plans to do now. Part of me wants them to
appeal, part of me wants them to not. If they
appeal, they're going to spend a large
amount of money. I don't think it would be a
wise decision for them to appeal."
If the University does appeal, theruling would
not only pertain to the University, but to the entire
court district.
"I don't think it means anything if they don't
appeal," Zarko said, "It may affect the way the
judges decide. If the precedent actually is set for
e-mail computer conference, itonly means some-
thing in this state."
Baker said that the University has not de-
cided whether to appeal. "We were disap-
pointed with (the ruling)," she said. "We'll
study it. I do not know at this point whether we
will appeal."
Summer jobs
ucile Fernandez, a senior In the School of Natural
esources, trims a tree In front of the Union yesterday.
Former leader of Lesbian-Gay Male Programs dies
By Daniel Harrison
For the Daily
Billie Edwards, an outspoken lesbian
advocate and former co-director of the
University's Lesbian-Gay Male Programs
ffice (now the Lesbian, Gay and Bi-
sexual Programs Office)died at age 48 last
Wednesday of a brain tumor she fought
for two years.
Before coming to the University,
Edwards was an ordained minister in the
gay community in Detroit, a vocation she
chose after being dishonorably discharged
from the Marine Corps for homosexitality.
President Carter made it an honorable dis-
charge in 1977.
In the cover letter to her job applica-
tion at the University, Edwards cited her
rich and turbulent past as a main qualifica-
tion for her position.
Diana Kardia, who sat on the hiring
committee and later grew to be a good
friend of Edwards', said that in addition to
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amaster's in psychology and firsthandexpe-
rience with institutionalized homophobia,
Edwards "brought everything she had and
gave of it to the best ofbher ability."
Jim Toy, Edwards' co-coordinator at
LGMPO, remembered her as a stalwart
champion of humanrights.
Lynden Kelly, co-owner of the Com-
mon Language bookshop, where Edwards
sponsored programsafor the Ann Arbor les-
bian community, agreed with Toy."She was
dogged in her pursuitofjustice,"she said.
Ken Bluchowski, LGBPO'sdirector of
programs and events, said that some within
the gay and lesbian community criticized
Edwardsafor the time she spent fighting the
iniquities facedby non-lesbian groups.
"(She felt that)as long as any sort of op-
pression exists, then no one is safe from be-
ing discriminatedagainst,"Bluchowskisaid.
Edwards worked with Toy for 5 1/2
years sponsoring notonly educational pro-
grams, but also dances, pot-lucks, movie
series and self-defense classes.
Bluchowski said that the counseling
services offered were one of the most im-
portant aspects of LGMPO. This priority
eventually contributed to Edwards' resig-
nation.
When the University restructured
LGMPO, counseling duties moved to the
general counseling office, though, as Kardia
and Bluchowski said, it was ill-equipped to
deal with the concemsof students stmggling
with their sexual identities.
That office has since hired counselors
trained in aiding gay, lesbian and bisexual
students. Toy, however, said that the stu-
dents might not feel comfortable going to
the office. "It is notclear that students will
get to the goodcounselors," he said.
Kardia also said thatremoving therolej
of counselorffrom LGMPO employee was
detrimental to the students. "Going to
the... (general counseling) office, puts
homosexuality in light of weakness or ab-I
normality," she said. U A memorial service will be held for
Edwards' resignation protested the Edwards on July 21 at the Temple Beth
lack of support and concem she felt from Emeth, 2309 Packard Rd. Students are
the administration. encouraged to attend. Donations will be
Members of the lesbian community accepted therefor the Billie L. Edwards
mourn the loss of a principled champion Women's Support Fund at the Centerfor
and role model, but Kardia pointed out that Humanistic Studies where Edwards re-
in death, asin life, Edwards accomplished ceived hermaster's. Donations may also
her lifelong goal, to knit the community be sent to 40 East Ferry, Detroit Mich.,
more tightly together. 48202.
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