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Show Scene Sports Kimball exhibit to spotlight Latino art in Utah. P a g e c_-, TUNA season winds down with winning performances. p a a e B-1 The PARK CITY, UTAH www.parkrccord.com Smokers win safe haven in bars, taverns V ^ B ^ ^ ^ Serving Summit County since 1880 Show some heart 4 SECTIONS • 58 PAGES Agendas Automotive A-8 C-24 Business Classifieds Columns Crossword Editorial Education Events Calendar Letters to the Editor Legals B-9 C-18 A-14 C-4 A-15 B-9 C-2 A-15 C-27 Movies Professional Services Restaurant Guide C-4 B-12 C-7 Sports TV Listings Weather B-1 C-12 B-2 ^ParkRecowL Serving Summit County since 1880 www.parkrecord.com 00001 • ^ r I HI'. = VOL. I25»NO.8 Sat/Sun/Mon/Tues, March 5-8, 2005 Immigrants lose licenses By ANNA BLOOM Please see Smokers, A-2 U j free for the public. For more info, visit www.moutnaintownstages.com or call 901-SONG. Park Kecoru ^^T^^k SB77 wins a last-minute success, only to incur a last-minute defeat Of the Record staff According to Utah Senator Michael Waddoups, R-Taylorsville, there are two things that shouldn't be watched: making laws, and making sausage. Wednesday, after tirelessly stirring up support throughout this legislative session vote by vote, Waddoups' Senate Bill 77, which would amend the Indoor Clean Air Act to ban smoking in taverns and private clubs, was removed from the board. The pressure of time constraints, it appears, struck the circled bill from the list, and Waddoups will now need to wait for another legislative session to rcintroducc his smoke-free initiative. Though private club lobbyists joined tobacco companies to rock the support of SB77 during the session, it appears only a handful of private club owners in Park City finds SB77's defeat a reason lo celebrate. Kevin Doolan, owner of Doolan's Sports Bar and Grill on lower1 Main says he would be in favor of Waddoups amendments. "I've been following the bill closely," Doolan said. "I really wanted it to pass." Before coming lo Park City, Doolan owned a nightclub in Sacramento, California, when California chose to outlaw smoking in bars and restaurants. Though he was opposed to the ban initially, overall, asking smokers to step outside, he says, improved his business. "At first I was against [California's smoking ban], but within a year I started noticing that business was up-and it was like the best thing that could have happened." said Doolan. "The whole stale noticed it. [Bar and restaurant] business statewide increased almost 30 percent. It was crazy." For his smoking customers in California, Doolan installed a heated outdoor deck at his Sacramento club, and found that it kept everyone happy. Doolan says he is currently considering whether he will change Doolan's to a non-smoking establishment even though SB77 has not passed, but remains on the fence because he wants to keep his patrons. Though banning smoking may help business if everyone bans it, Doolan worries that his local business may suffer if he decides to ban smoking on his own. "I do feel an obligation to the health of my employees and I'm really debating on what to do here because we have a good local following who smoke. They're good people and they've been taking care of me, so I don't want to alienate them. But on the other hand, I have to sit here and suck up smoke and so do my employees," said Doolan. Should his business become smoke-free, Doolan says he would install heaters in the front of his establishment to provide a section similar to his California deck for those wishing to have a cigarette. SB77 experienced a rocky road of support as it traveled through the Senate and into the House, dipping below the required votes after the third reading in the Senate, then sliding into the house after a last-minute motion to reconsider. Once in the House, however, representatives were not given the chance to vote on the bill because lime ran out. "That's one good way to kill a bill at the end of the session," Waddoups told The Park Record. "Just never take a vote on it." Waddoups in fact recalled a dozen or two dozen bills still on the floor at the end of the legislative session this week. "As it turned out, it was just a bill that was apa Mali will play The Forum at The Canyons Resort today as a part of Mountain Town Stages' spring conP cert series. The show will run from 3:15-4:45 p.m. and is Huntsman must still endorse bill to revoke illegal immigrants' state IDs By PATRICK PARKINSON GRAYSON WEST/PAtf/C RECORD Parley's Park Elementary School fifth-grader Michael Capone shoots for a backward free throw for the school's Hoops for Hearts program that promotes heart healthy living. Of the Record staff Illegal immigrants will no longer receive Utah driver licenses if Gov. Jon Huntsman Jr. signs a bill approved by the Legislature this week. In the end, more than two-thirds of the state's lawmakers supported Senate Bill 227, which creates a new card - "FOR DRIVING PRIVILEGES ONLY NOT VALID FOR IDENTIFICATION." If the bill becomes law, illegal immigrants would immediately lose the ability to apply for new driver licenses. Licenses and state identification cards already belonging to thousands more would expire on their first birthday after July 1. But Silver Summit resident Jose Suarez doubts that all illegal immigrants will replace their licenses. He meets many undocumented residents at his Mexican store in Park City who say the new card targets them for racial profiling. "Nobody likes that." Suarez said Friday, adding that some fear being pulled over with a driving privilege card. "[The officer] knows that he is illegal." Without identification, conveniences like bank accounts could become a thing of the past, he adds. Zions Bank officials have not determined whether driving privilege cards would be acceptable for opening a savings account or cashing a check, said Debbie Purvis, manager of Zions' Kimball Junction branch. "We always tell them to get a Utah state ID," Purvis said. "I think things will be very difficult." Many banks require two forms of identification to open accounts, she adds. Please see Illegals, A-2 Murder defendant Erik Low faces new charges He faces life in prison if convicted of the murder count. In charging documents filed at Third District Court at Silver Summit immediately after the Wednesday appearance, Park City police detective By JAY HAMBURGER Mary Ford outlined the new counts. Of the Record staff She claimed that Low, 37, hindered the investigation by taking a bullet and a .357-magnum gun In an unexpected courtroom move, prosecutors from the scene, prompting the obstruction of justice on Wednesday leveled two additional felony charges against murder defendant Erik Low, accus- charge. The charge is a third-degree felony, punishing Low of obstruction of justice and adding a able by up to five years in state prison and a $5,000 fine. weapons count. The new weapons charge - a third-degree felony During the same court appearance Low was told count of possession of a dangerous weapon by a of the new charges. Judge Deno Himonas schedrestricted person - stems from the results of a 1991 uled an eight-day trial starting on June 20, the secmilitary court-martial. Low, then in the Marines, ond trial in the murder case. On Feb. 15, at the end of the first trial, Judge pleaded guilty to a charge of intentionally shooting Robert Hilder declared a mistrial on the murder himself in the knee while stationed in Saudi Arabia charge after the eight-person jury was unable to in order to avoid his military duties. He was incarcerated in a military prison in North Carolina for 14 render a verdict. The jury convicted Low on a misdemeanor con- months and the prosecutors say he was dishonorcealed-weapons charge. Hilder sentenced Low to ably discharged. Prosecutors claim that Low is restricted from one year in prison and Low was credited for time possessing a gun as a result of the dishonorable disserved. Low was imprisoned for approximately one charge. year after the killing before making bail. David Brickey, Summit County's chief criminal Low is accused of murder in the shooting death prosecutor, who handled the original murder case, of Michael Hirschey on May 8, 2003 in apartment 9B of the Parkside Apartments on Kearns Boulevard said in an interview that the prosecution had conafter a night of roughhousing, drinking and cocaine sidered the new charges previously but either did use. Low claims he shot Hirschey in self-defense. not have enough information or brought different Prosecutors level obstruction, weapons counts; judge sets date Nordic skiers critique the local track counts. "It's an effort to bring out all the facts of the evening," Brickey said. "It certainly allows a jury to make a determination of truly what happened." But Low's lead defense attorney, Salt Lake City lawyer Ken Brown, scoffed at the new charges. "It's typical David Brickey. Pile it on, come in late, don't give anyone notice," Brown said. Brown said it seems that the new weapons charge presents a double-jeopardy situation in which Low is being charged with a crime similar to the original misdemeanor gun count. He said the defense will likely try to separate the obstruction charge from the rest of the case, meaning that the new count would be tried at a different time than the rest of the charges. The new weapons charge is especially of intrigue in the aftermath of the first trial. In a pretriai ruling, Hilder had barred the prosecution from introducing the court-martial during the murder trial. The prosecution wanted to use the court-martial as evidence but Low's defense team argued that the court-martial could have turned a jury against Low. If the next jury considers the new Aveapons charge, however, it is possible that the coUrt-martial will also be discussed in open court, which was not the case in the first trial. Wednesday's short court appearance was followed by a brief verbal exchange between Brickey Please see Defendant, A-2 Turn me over I'm done' Discussions include talk about forming a 'Friends' group By JAY HAMBURGER Of the Record staff City Hall, employing a well-worn solution to controversies, appears interested in seating a so-catled 'Friends' group to look at issues regarding crosscountry skiing. On Wednesday, upwards of 50 people attended an open house called in the immediate aftermath of a petition by Nordic-skiing enthusiasts especially seeking upgrades to grooming on the local track. The open house, held at White Pine Touring,'s Nordic center, drew a group of diehards from the cross-country skiing community and several of Park City's elected officials. The meeting covered a slew of topics, with lots of the discussion regarding grooming standards. The crowd offered a critique of the track to White Pine's Charlie Sturgis, who manages the City Hall-owned track under an agreement with the government. Sturgis, meanwhile, explained the intricacies of grooming the track, such as that takes between five and 11 hours to groom the 18 kilometers of track, depending on the conditions. Please see Nordic skiers, A-2 GRAYSON WEST/PARKRECORD Randy Leathers from Tiburon, Calif, soaks up some rays at Deer Valley Resort's 'beach' area Wednesday. The weather is forecasted to be partly sunny over the weekend. T. |