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Show Issue in Hoy ...I The bait Lake Tribune, Saturday, October Officials Sued Over Cable Code Continued From Page l under constitutional and U S. Supreme Court guidelines. Shirley Pedler, ACLU executive director, said that under such definitions, Michaelangelos statue of David, paintings by Reuben, passages from the Holy Bible and a B-- whole range of cultural and artistic treasures could be found indecent in Roy. As citizens of this country we cherish as a precious part of our heritage the rights of the individual citizen to decide for her or himself what to read, see and think," Ms Continued From Page l not eligible. However, the $4.5 million amount could go up," she said B-- The governor's request will be to federal agencies in Denver Saturday, where it will be hand-delivere- d processed and sent to Washington Due Tuesday "Because of the holiday on Monday, the letter will probably be handled in Washington on Tuesday," Ms. Tempest said. The governor expects to receive a decision from President Reagan by the end of next week. "We need to do whatever possible to help the citizens who sustained damage from flooding get back on their feet," Gov. Matheson said. If the president grants the request, an advance federal team will come to Utah and open disaster centers. "The centers will be one-stooffices that will be open for four to five days to process the applications for federal aid," Ms. Tempest said. The goal is to expedite the process, the the better." faster materials There are several options for Utah disaster victims if the assistance is granted. Temporary housing from one to three months would be available for those whose homes are severly damaged but repairable. The government has mobile for a homes available, rent-freyear or longer, for people whose homes were destroyed. Short Delivery Time "We are lucky in that respect; one of the federal storage areas for the mobile homes is in Ogden There would be a short delivery time," Ms. Temptest said. Under the public assistance program the federal government could pay up to 75 percent of road and public facility repair cost and the state would pay 25 percent. rate loans for individuals and businesses would also be available. Ms. Tempest said Utah is the only state that has never been granted presidential disaster assistance. Charges against and communication "information, or complaint, in file had been lost. The photostat of the document in the file had not been signed by a judge or prosecutor, leaving Judge Conder with no choice but to dismiss the four felony counts, release Mr. Lange from jail and send the jury home. Ihe Tribune learned Friday that, although lawyer Brooke Wells of tlie Salt Lake County Legal Defender s Association and prosecutor Deputy Salt Lake County Attorney Solomon Chacon were unaware of the lost document, a 3rd Distirct Court judge had noticed theommission and last August had ordered staff to make sure it was taken care of. Judge Peter F. Leary, who presided both over the defendant's arraignment and pretrial conference said, 1 caught it, and I asked them (the county the e However, she said, many suppor- names used as plaintiffs because they feared repercussions in the community. temporary restraining order to halt the cutoff of Planned Parenthood of Utahs federal family planning funds was extended until Oct. 18 by a federal judge Friday. Judge John H. Pratt extended the order in District Court for the District of Columbia until he can decide if he should allow Planned Parenthoods request for a preliminary injunction to prevent the federal Department of Health and Human Services from giving the state Department of Health its entire $5G6,801 family planning grant. At issue is whether minors should be able to receive birth control counseling and devices without parental consent. Federal law does not require the consent but a Utah law does. A "once-in-a-lifetim- . casional lose some He addld that the prosecution was present, really to go and had its file complete and in order when the dismissal occurred." Ms Wells said that she was and is prepared to go ahead with her clients defense 1 "I put it in a posture where something sliould have been done about it." Judge l,eary said Prosecutor Chacon said he was not aware of the missing complaint even though the file contained a letter from John T Nielsen, chief deputy county attorney in charge of the justice division, stating in effect that the information had been lost and that the file contained a photocopy of the complaint from the county attorney's files. Rut it remained a question Friday as to whether the county attorney s office will legally be able to refL'e the charges against Mr. Lange e'espite Mr. Cannon s promise to c'o so. Judge Conder did not rule on a motion by Ms Wells asking that the charges lie dismissed "with prejudice." meaning that they could not lie filed a second time. Judge Conder said Thursday that the letter made no difference and that the matter could have been rectified if the county attorneys office had simply refile the charges when it was learned the eomplainl was missing. Ms. Wells contends that filing charges a second time would constitute "double jeopardy and would violate her client's constitutional guarantee prohibiting a person from being tried twice for the same crime. Mr. Nielsen said that, if the county attorneys office could have anticipated the judge's position on the matter, a second or amended complaint would have been filed. Although the judge did not rule the matter, he said late Thursday that he had serious doubts" as to whether the jeopardy question was applicon able. He explained that without the signed complain in the file, there actually was no case before the court. And if you haven't got a In a press release Friday, Mr Cannon said that "given the hundreds of active cases pending before the courts at any specific time it is not too surprising that even the dedicated courts and clerk staf may oc case, there are serious questions alxmt whether jeopardy was attached in the first place. 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Beautiful Orion covers 3174 Highland Drive 486-873- Murky Way' 5 10-- 8 Mon. thru Fri., 10-- 6 Sat. V I: ' I SOFA Exquisite Styling List & & LOVE SEAT Fabrics. Price $1298.00 Quit Price Special Orders Available on instock fabrics. Delivery in 10 to 14 Doys. $695 90 Days Same As Cash on sales of $499 and over with credit opprovol. J) Judge Pratt, however, referred to the murky way in which the consolidation grant developed in his questioning of Hirt. Planned Parenthood's request was called an exercise in futility by Mr. Hirt, who said HHS is not required to give anyone family planning money. The agency can wash its hands of Utah, Mr. Hirt said, suggesting that litigation costs might make the agency decide not to bother with funding the program at a,l. Were shocked that HHS would say were so angry that we might not provide funding to Utah, responded Planned Parenthoods attorney James Feldesman. Mr. Feldesman argued that the parental consent provision in Utah law is in violation of federal law, that Planned Parenthood was not allowed to participate in the grant application process and that the agency would be harmed if its funding does not continue. Should Have Preference When asked if private re V r . V 1 ft ( S' f i it 0 s- 9 - J ,1 tfcj J GUILTY? MANY PEOPLE DO. REASONS RANGE FROM BROKEN HOMES TO UNBROKEN HABITS. WHATEVER THE CAUSE. ITS AN UGLY FEELING. BUT THERE IS A SOLUTION. .JESUS CHRIST FORGIVES! LET HIM. WHEN WE EXALT THE NAME OF JESUS. BY TURNING OUR EYES AND HEARTS TOWARDS HIM. LOVE AND FREEDOM ERASE THE SCARS OF EMPTINESS AND FRUSTRATION. BEFORE THIS AD WAS PLACED WE STARTED PRAYING FOR YOU BECAUSE WE CARE. GIVE US A CHANCE TO SHARE. JOIN WITH US AND TOGETHER "LET S EXALT THE NAME OF JESUS." FE-LI- grantees such as Planned Parenthood have a right to the federal funds. Mr. Feldesman said they dont but that under federal law private grantees sliould have preference over state agencies. lad's clear the air" about Planned Parenthood's allegations that there was some sort of a fix to deny them funding, Mr. Hirt said. 'Hie rejection was no reflection on the agency's competence but an effort to save administrative costs. Planned Parenthood is trying to tell the court they arc better than the state of Utah in providing these services," Mr. Hirt said. Planned Parenthood filed suit last mouth after IlILS announced plans to give all family planning funds to the stale Health Department rather than distributing them between that agency. Planned Parenthood and the Park City Community Clinic. of Budget 27 stands to Parenthood Plaiuied lose $312,000 or 27 percent of its overall budget from the cutback. The health department plans to expand services in the Salt Lake Health department, Health District and Welxr-MorgaSoutheast Health District to serve additional clients with its new funding. I ft ,1 A NG 9 r 4 i. i: r 4 hi 1 tV Y 58th General Conference of the United Pentecostal Church r - i Salt Lake Convention Center October 1 1 th-- 7th, 1982 T t-- r j 1 ih tv V o -- 7 I Evening sessions7:00 P.M. Open to the public No admission charge. A i f. 4 15 ft "With Jlove Y i Ogden, Utah Midvale. Utah 825-091- 4 566-377- 2 i -- x wrv ii 5k t r United Pentecostal Church Pastor Daniel G'H 44 E Center St 2484 "E" Ave " a Jke "United pentecottali United Pentecostal Church Pastor. Ivan L Johnson i v City-Count- y .,r.4 V 4 it, i .JW7-- -4 1 $ j Hts $1!0,. DOOR CRASHER Justice Department attorney Theodore Hirt, representing HHS, argued the consent law is not relevant to the case, which is a matter of HHS consolidating grants to states in order to save administrative costs. clerk's office) to make sure we got an 'information.' Thats the last heard about it. HESE ARE A FEW EXAMPLES OF THE LIQUIDATION PRICES! SAVE UP TO first-com- A C. learned that the original ters of the lawsuit did not want their After 10 successful years of manufacturing over 50,000 of quality upholstered fiieces Al & Laura Almquist will close the Sofa Factory doors forever. Every sofa, sofo sleeper, love seat, chair, rocker, sectional, pit group, table, lamp, picture, floral, mirror and accessory will be liquidated immediately. This is a chance to purchase truly fine quality merchandise for your home at a fraction of its worth. Shop early for best selection. Sold e basis. on a Terry Lange were dismissed Thursday by 3rd District Court Judge Dean E. Conder when it was f&ctqkv 67! Judge Delays Cutoff of HHS Funds Carter Tribune Staff Writer Salt Lake County Attorney Ted L. Cannon Friday vowed to refile charges against a man accused of rape and sodomy who was released from jail when it was learned official documents from the case file had been lost ligious lines. Low-intere- st Planned Parenthood By Mike Ms. Pedler said the suit was accompanied by a motion to certify it as a class action. She added that the three plaintiffs named Ralph McCleary, Kay Ulich and Wayne were representative of Williams a large portion of Roys population, cutting across political and re- 75-2- 5 papers." Sex Charges Will Be Refiled which can be received and enjoyed within the sanctuary of the home. Cable television companies have already filed similar actions in federal court, claiming the ordinance was aimed at illegally restricting their business in the city. The ACLU suit, however, does not seek damages, only that the court enjoin the city from enforcing the ordinance. e 1 Documents jVIUsitifv c Pedler said. She said passing the amended ordinance showed the council held a "high handed" disregard for fundamental constitutional rights and seeks to regubite personal morality to an unreasonable deg-e- e. Ms. Pedler said it was "particularly shocking" that Roy, a city "which places such a high value on the integrity of the family and the rights of parents to rear diildren according to their own beliefs and values," would pass such an ordinance. The ordinance, she said, severely restricts and regulates the kinds of Matheson Sends President Request for Disaster Aid 3 9, 1982 U fV "4 4 |