4 - The Michigan Daily - Wednesday, June 11, 1997
Edited and managed by ERIN MARSH JACK SCHILLACI
students at the + 4+ E Editor in Chief Editorial Page Editor
a . University of Michigan U ftt ll F/
~ ~ Un/ess orterwise noted, wnsigned editorials re ct the o~it iOn JOf
420 Maynard Street inajori of the Daily editorial board. All ot er articles. le rs and
Ann Arbor, M I48109 carto n do not necessarily refiect the opinion of The Michigan Uity
A midst a law suit and much controver-
sy over its handling of student ath-
letes, the University still refuses to pro-
duce documents that would give newspa-
pers access to much of its internal investi-
gations' information. Last week,
Washtenaw County Circuit Court Judge
David S. Swartz ruled in favor of the Ann
Arbor News in a lawsuit against the
University for violating the Freedom of
Information Act. Now, the University
'might be forced to fork the documents
over - setting an excellent precedent to
prevent the University from keeping infor-
mation from the public in the future.
The controversy began in February
1996, when a carload of University bas-
ketball players were involved in an auto-
mobile accident, sparking an investigation
of the entire basketball program. Flint disc
jockey Dave Barber also filed a suit
against the University for failing to supply
records of vehicles driven by basketball
and football scholarship athletes. In
Barber's case, the University has hidden
FOIAeds aain
Swartz's decision sets positive precedent
the documents behind the Family
Educational Rights and Privacy Act, which
protects academic records.
Investigating how the University dealt
with the conduct of its athletes, the News
requested all written communications -
including all memos and documents -
pertaining to the University's internal
investigation of its men's basketball pro-
gram since the crash. It also asked for a
copy of a reprimand given to basketball
coach Steve Fisher for not immediately
notifying the University Athletic Director
Joe Robertson of two other incidents that
threatened to become NCAA rules viola-
tions. The University refused to supply the
reprimand, claiming it was a personnel
matter. The University is a public institu-
tion funded by taxpayers' dollars - while
it should protect employee records, a repri-
mand resulting from an active investigation
does not fall under that guise. The
University's basketball team is in the pub-
lic eye and the press has a right to report on
its performance - both on and off the
court.
But the University insists on fighting
the suit, no matter how ludicrous its
defense may be. For instance, one of the
University's objections to the News'
demands was that the FOIA request was
too broad and releasing all documents
related to the investigation would require a
search of all University departments.
Judge Swartz was correct in throwing this
claim out - the University could narrow
its own search to the more obvious depart-
ments.
The case of Fisher's reprimand is
more complicated because Fisher's priva-
cy is at stake. Taking this into considera-
tion, Swartz decided to review the repri-
mtnd first in chambers and then make a
ruling on its release. The reprima
could provide significant insight in
how the University handled the investi-
gation. Swartz must decide whether
Fisher's reprimand falls under the guise
of personnel matters. He should ensure
that the University does not restrict
important documents from the public eye
by claiming that they are personnel
records.The public has a right to know
how its tax dollars are being spent at the
University - Swartz should release t
information.
Swartz did the right thing. His deci-
sion shows respect for the law as well as
respect for personal privacy. The ruling
sets a good precedent to prevent the
University from obstructing public
access to important documents in the
future.
The dgltt time
Council must forgo HRC, protect gay rights
Tn school, if students turns in a project into disaster. Rather than civil discussions
late, their grade suffers. Doing so over the issue at hand, the meetings turned
repeatedly risks failure in the eyes of into forums for outright slander based on
teachers and administrators. Similar to the stereotypical and religious condemnations
tardy student, the Ypsilanti Human of homosexuality. Furthermore, both sides
Relations Committee is failing in the eyes accused the other of bringing in non-resi-
of gay-rights activists and various other dents to speak at meetings in an attempt to
community groups for delaying a report to influence HRC.
Ypsilanti City Council about the necessity In spite of the continued attention
of a human rights initiative protecting gay- focused upon the case, HRC has yet to
and lesbian residents. The city council issue a recommendation to the city council
must take immediate action to pass such a - in fact, it may not do so for two more
measure - waiting for the slowly turning months. As the process continues, each
wheels at HRC to formulate a report is additional day brings the possibility of dis-
asking for trouble. crimination against a portion of the com-
Discussion over such an ordinance munity based solely on prejudiced views
began in February, after TriPride - an of their sexual orientation. Some commis-
Eastern Michigan University gay and les- sion members felt the city council should
bian student group - was denied service not side-step HRC's job by taking up the
by Hansen's Standard Printing, solely on issue without its recommendation. Given
the grounds of the group members' sexu- the issue's great importance, the city coun-
al orientation. The print shop's owners felt cil should do whatever is necessary to
that accepting TriPride's business amount- ensure equal rights as soon as possible. In
ed to tacit endorsement of their sexual ori- a time where equal status is available to so
entation, something they felt morally many minority groups, gays and lesbiand
incapable of accepting. The print shop are still denied the most basic protections
should not discriminate due to moralistic under the law against discrimination in
quibbles - the city should prevent such matters of housing, employment and pub-
discriminatory beliefs from coming to lic services.
fruition. Ypsilanti has an opportunity to rectify
In response to the incident, the city this travesty, at least in its jurisdiction.
council asked HRC to study the possibili- City governments should work to end dis-
ty of adding a gay-rights clause to the crimination and promote an environment
city's anti-discrimination ordinance, simi- that is conducive to tolerance among indi-
lar to one that already exists in Ann Arbor. viduals with differing beliefs. The threats
Over the past few months, the committee of persecution faced by gays and lesbians
has held a series of public meetings for must be removed by the enactment of the
Ypsilanti residents designed to gauge pub- equal rights clause as soon as possible. If
lic reaction to the proposed law. While the- the HRC continues to drag its heels, the
oretically a good idea - such sensitive city council must take the matter out of its
issues deserve as much discussion as pos- hands and craft the ordinance without its
sible -- the meetings have degenerated formal recommendation.
Tax break
City income tax posed threat to students
onths of heated debate surrounded it tive effects for University students. Loa
with everything from a University scholarships, grants and work-study are
study supporting it to city Republicans taxable income. Under the city's tax,s
fighting it. To the delight of some and the dents needing financial aid the m
chagrin of others, Ann Arbor's city tax is would have to pay the city for the mor
no longer an active issue in the Ann Arbor they use to subsidize their educati
City Council. Last week, the council voted Students face enough financial difficult
9-0 in favor of delaying plans for the tax already - adding on a city income1
"in the foreseeable future." The city coun- would compound their problems.
cil's move in eliminating the city income Many students work part-time to h
tax issue will serve University students subsidize some of their expenses. If bu
well, as the tax posed a threat to students' nesses left the city because of the tax, s
financial-aid dollars. In addition, the tax dents could have a harder time find
threatened the area's economy, as many employment. In addition, their payche
local businesses' consequential relocation would also shrink because of the tax
would damage employment opportunities extracting a little more from studer
and commercial income. pocketbooks. The city council's decis
The city council took up the issue of a eliminated a severe threat to studer
possible income tax last year upon the bank accounts - it deserves commen
suggestion by a citizen budget review tion for its work.
committee. The council doled out $30,000 In abandoning the income tax as a r
to fund a study by the University School of enue source, the city council stated it
Public Policy to determine possible finan- resolution that it would work to maint
cial repercussions on city commerce. services provided by the city with the c
Voters have to approve a city income tax rent funding. The city has $9 million
for its implementation. savings - indicating a healthy econot
Under the city's charter, property taxes status. The city should work to be as e:
would drop if a city income tax is created. cient as possible to prevent city taxpaye
Because of this, the University's study dollars from going to waste. It should
found that local businesses would see a seek additional funds unless present s
30-percent decrease in taxes if the city vice levels would suffer. The city coun
implemented an income tax. However, the should find creative solutions to mainta
Ann Arbor Area Chamber of Commerce ing city services without raising taxes.
disagreed, stating that the mere specter of The city income tax posed a threat
an income tax caused many local busi- many of the city residents. Some stude
nesses to consider moving elsewhere. The may have taken larger loans to compens
city council should not threaten the city's for the loss in financial aid and wages.]
businesses - eliminating the income tax absence of city businesses would also p
question from the table works to help a significant threat to the city's econoA
ensure businesses that their welfare is The city council successfully averted e
important to the city. nomic problems by removing the c
The tax also held many potential nega- income tax from consideration.
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