| Show m 2B m m m m The Salt Lake Tribune 'f m Friday September ! y M 4" 5 HH7 Bork Would End Many Freedoms Utahns Enjoy ACLU Says Utah’s American Civil Liberties Union firmly opposes the confirmation of Supreme Court nominee Robert Rork because he would “ end many of the individual freedoms and liberties enjoyed by the citizens of Utah " Judge Bork’s assertion that he A wouldn't overturn local laws hav- ing an overtly religious purpose and his criticism of the Supreme Court for striking down the use of public funds to pay teachers in re- ligious schools were among rea- irector Robyn Blumner said of the Supreme Court — the protection of individual rights — ” would atrophy Ms Blumner said Judge Bork "The right to religious freedom the virtually unencumbered right to express oneself artistically the right to reproductive freedom and a litany of other dearly held liberties would be jeopardized by Judge Bork’s confirmation” she said ACLU’s national organization announced its opposition to Judge Bork Monday saying it will mount a major national campaign to block his appointment “Judge Bork is in fact more radical than conservative" said ACLU President Norman Dorsen "If Robert Bork's views were to prevail the most critical function sons for the opposition ACLU D- Thursday limits the First Amendment’s promise of free speech to political speech "He would limit that category further by excluding from protection speech which advocates civil disobedience which would subject to censorship the works of such writers as Thoreau Ghandi and Martin Luther King Jr” she said The ACLU also objects to Bork’s assertion that the Constitution doesn’t guarantee a right to priva cy according to Ms Blumner because that opens the door to governmental of regulation contraceptives abortion and parental rights The ACLU fears that Judge Bork’s narrow construction of jurisdictional statutes and strict application of certain legal doctrines would substantially limit access to the court she said The organization predicts Judge Bork's deference to the popularly elected branches of government would undermine protections in the Bill of Rights designed to protect the individual from over reaching by the majority government "A judiciary which defers to the other branches acts in the antithesis of its constitutional role” Ms Blumner asserted “and subverts the doctrine of separation of powers by failing to check and balance the will of the powerful majority ” Utah’s ACLU recommends that his confirmation be denied because “Judge Bork is an candidate and the destructive impact of his vote on the Supreme Court cannot be US Judge Says Stale Court Should Decide Father’s Custody Claim 0 custody of the baby girl born June 4 Under Utah law Mr Swayne lost his right to challenge the baby’s adoption when he failed to register his paternity or marry the mother He claims he didn't know he had to officially record his paternity and a law that allows an unknowing waiver of and rights is unconstitutional On July 22 Mr Swayne asked Judge Greene to issue a preliminary injunction forcing LDS Social Ser Brien Tribune Staff Writer federal judge refused Thursday to order a Mormon adoption agency to return an illegitimate baby girl to the biological father who claims state adoption laws are unconstitutional US District Judge J Thomas A Church-affiliate- d Greene Thursday afternoon due-proce- dis- missed without prejudice a lawsuit filed by Steven If Swayne a Salt Lake City man who wants equal-protectio- n vices to return the child to his custody at least until the lawsuit is resolved Throughout the litigation the baby has remained with the prospective adoptive parents But Thursday Judge Greene refused to issue the injunction ruling the issue is one for the state courts to decide "After careful consideration this court has determined that it is appropriate to exercise discretion by requiring resolution by the state courts of the questions here present ed" Judge Greene wrote in the memorandum decision and order However Judge Greene dismissed Mr Swayne’s lawsuit without prejudice meaning he can refile it in the future By failing to register his paternity Mr Swayne is barred under state law from filing a lawsuit to establish his paternity but he can attempt to intervene in the adoption proceedings currently under way in state court Judge Greene noted Ballet West’s South African Set Upsets Workers about $50000 and was based on economics Mr Cushman who became general manager Aug 15 was not working for Ballet West when the decision to buy the set was made By Guy Boulton - Tribune Staff Writer Local theatrical workers are an- gored by Ballet West’s decision to buy a set from South Africa for its duction of “Anna Karenina” which opens Sept 23 "As a member of the artistic community I am very offended by this move" said one worker who asked that her name not be used "They are either being oblivious to the political implications — and I don’t think they should be — or it is a gesture that supports racisms” The set was purchased from a d ballet company But Trevor Cushman general manager of Ballet West said the decision saved the ballet company The set cost approximately including shipping refurbishing and costumes Mr Cushman said The next lowest bid was $170000 state-sponsore- Africa was "a highly political decision and a bad idea” Ms Hankin said she was asked to work on the refurbishing for the set but refused because it was from South Africa “I don’t believe in supporting the government down there” said Bruce Heltman a stagehand “I think they probably could have approached it $223000 better” "I know our people well enough to say that the decision was made very somberly not cavalierly” Mr Cushman said "My own gut sense is they probably had no other choice On balance I think it was a good choice” But Nancy Hankin a scenic artist who formerly worked for Ballet West said buying a set from South Although he can understand the economics of Ballet West’s decision Mr Heltman nonetheless said he was "disappointed with the whole deal” Head-O- n Bruce Keeler business agent for International Alliance of Theatrical and Stage Employees Local 99 said "Because of our contracts with the ballet we cannot refuse to deal with t - Today’s Weather PBPET State Forecast toe 8 A weak cold front Is expected over central and southern Utah today A gradually warming trend will begin on Saturday The forecast calls lor partly cloudy skies with scattered showers through Saturday Breezy south winds are expected Northern highs will be In the upper 70s and low 80s with overnight lows In the 50s and low AOs Southern highs will be in the 80s and s 90$ with overnight lows from the upper AOs to this We are contract to them and we have people on their staff "We have checked with the international organization of the local and that is their official stance” Mr Keeler said “But we do feel that if any of our local members do not want to be associated with this production we would in no way force them to Collision Kills Woman - An OGDEN (UPI) Eden Weber County woman was killed Wednesday night when a car crossed into the opposite lane and struck the vehicle she was driving the Utah Highway Patrol said The patrol said Tamara M Stevens was pronounced dead at McKay-De- e Hospital from injuries suffered in the 11:25 pm accident on Utah 39 in Ogden vehicle driven by Brian Mavre-ti- c Plain City Weber County crossed the center divider and struck the patrol said Stevens’ car head-o- n Mavretic and a passenger in his vehicle Laura Lassen 20 Plain City were not injured a dispatcher said A Prtdiy September 21 4 “The court also notes that ultimate recourse to federal court from an adverse state court decision is not cut off" the ruling states If the state courts uphold the statute Mr Swayne can appeal to the US Supreme Court Although he never registered his paternity or married the baby’s mother Mr Swayne openly acknowledged he was the father He was at the hospital June 4 the day his daughter was born Over the next four days he visited the mother and child But on June 9 without Mr Swayne’s knowledge or consent the mother gave the child to LDS Social Services to place with adoptive parents On June 15 the first working day after the baby was given to LDS Social Services Mr Swayne asked that his name be placed on the child’s birth certificate Then he and the child's mother who also lives in Salt Lake went to LDS Social Services and asked that custody of the baby be given to Mr Swayne Judge Greene did not rule on the constitutionality of the statute or comment on whether the baby should be placed in Mr Swayne’s custody But he found that the Utah Constitution offers greater protection to fathers of illegitimate children than does the US Constitution “Mr Swayne may be able to establish that as applied the Utah statute is violative of the greater protections of the state Constitution thereby mooting the federal constitutional question” Judge Greene wrote The case “also presents important questions of state law that bear upon policy issues of considerable importance to the State of Utah” the ruling states Although the federal court does not completely lack jurisdiction comity — a rule of courtesy between courts — dictates deference to the state court Judge Greene found ers Of Geneva Suing Union Five former workers at the Geneva Steel Works when it was operated by USX Corp filed a $5 million lawsuit Thursday against their union and its local chapter The former employees are suing the US Steelworkers of America and Local 2701 for allegedly sacrificing the Utah affiliate to a strike or lockout while looking out for the interests of a larger Pennsylvania chapter The plaintiffs allege the union repeatedly lied about the company making offers to negotiate to extend 1983-8contract the and a wage cut proposal The union actions were “a conspirWorks acy to allow the Geneva Steel to close” and the union “seemed to act in a way which ensured a work soon-to-expi- re -’ By Joan Ex-Work- 6 stoppage” they allege Had the Utah union members known that the company had offered to bargain and extend the contract the membership could have taken action to decertify the union vote in a new one or otherwise represent their interests and head off the work stoppage states the suit Instead they charge the union lied "to ensure that Fairless Penn Steel Plant would remain in production based on the fact that it was no longer feasible to keep both plants open” “With a significantly larger number of union members at Fairless Steel Plant the union wished to eliminate Geneva Steel Works while maintaining Fairless Steel Plant” the lawsuit contends The lawsuit follows a similar one filed several months ago which made teh same allegations then-curre- nt Utah Firefighters Called Away State Vulnerable As many as 90 Utah firefighters have been dispatched out of state to help fight fires that have been raging throughout the West Utah has been lucky to escape any bad fires but because firefighters are elsewhere the state is very vulnerable said Interagency Fire Center dispatcher JR Davis "With all our firefighters out you could say we are in trouble in Utah" Mr Davis said “We are in a pretty frightening situation” In the last two days the Salt Lake area has had only 10 small fires six of them suspected to be arson related said Mr Davis but if a big one hit "we’d be in big trouble” he said “We probably won't see our firefighters for awhile” Mr Davis said Expected Temperatures I Selected lorecosl temoeratuies throughout the state H Blandlng A381 Cedar City 5885 Green Riv r 6287 Logan 5571 Moab 6687 Ogden 5A7A (I Provo 5478 Salt Lake City 5978 Vernal 4873 Wen- - dover A375 St George A39A Air Pollution Index figures tor selected cities excellent very good above 100 marginal OZ— ozone monoxide tP— total particulants Clty-- OZ 45 CO 31 TP 51 Bountitul-- OZ M CO 30 Provo-- OZ M CO Ogden-- OZ Air pollution Health Dept Source— Utah good 51 100 PPOHTS CO— carbon Salt Lake 59 CO M Wirm 5A Cold St0onry CJ9S 7 Accu Wtllr IX Area Forecast erable clouds with scattered showers and thundershowers Gusty variable winds are expected near thundershowers Satuiday will be partly cloudy with a tew afternoon showers Highs will be in the mid and uppei 80s except in Ihe upper 90s and SI George Overnight lows will range in the 50s Ihe remainder ol labor Day weekend will be partly cloudy with a lew thunder- Friday and Saturday Salt lake City Ogden and Provo — The loiecast calls tor cooler temperatures today with decreasing clouds dnd showers Northwest winds are expected 10 to 20 mph Highs will be in the uppei 70s with overnight lows in the low to mid-50- s lonighl and Soturday will be partly cloudy with a slight chance ol lingering showers the remainder ot labor Day weekend will be partly cloudy with isoloted thundershowers near ihe mountains Highs will be in the 80s Northern Utah Forecast — Wasatch Fiont Western Deserts and Cache Valley — Ihe lorecasl calls loi cooler temperatures showers Highs will be in the 80s to mid-90Southeast Utah — The loiecast calls foi mostly cloudy skies with scattered showers and thundershoweis Gusty vauable winds aie expected neat thundershowers Highs will be in the mid-80with overnight lows in the upper 50s Highs at Bulldog will be in ihe low 90s with overnight lows neai 70 Recreational Areas — Great Salt Lake and Utah lake — Ihe regions' forecast calls for partly cloudy skies and scatte’ed thui deishowers with gusty shifting winds Highs will be in the upper 70s to low 80s with lows m the mid 50s lo neai 60 The remainder ot labor Day weekend will be partly cloudy with isolated showers near the mountains Beat lake Flaming Gorge and Strawberry Heseryoii — The loiecast is tor partly cloudy skies and thundeishower with gusty wmds Highs at Bear lake and Flaming Gorge will be near 70 with lows in Ihe AOs Strawberry Reservoir will have highs in the mid and upDer 60s with lows in the mid to uppei 30s The temoindet of the weekend decreasing clouds and tonight and Satuiday will be partly cloudy with a tew lingering showers to low 80s with Highs will tie in ihe Overnight lows ranging in Ihe 50s Ihe remainder of laboi Day weekend will be portly cloudy with isolated afternoon and oveninq thunaershowers neat Ihe moun-loins Highs will be mostly in Ihe 80s Uinta Basin — the loiecast calls (or mostly cloudy skies with widely scattered thundershowers through Satuiday Gusty variable winds oie expected near thundershowers Highs will be in the mid lo upper today with mid-70- s - ‘ 70s with overmqhl lows in the mid 40s Southern Utah Forecast — Southwest Vqiieys and Deserts Sevier Valley and lituh s Dixie — the loiecast calls Id consul Weatlirr Suniman Intermoimtaiii FA— Missing T— Trace Yesterday's Conditions Nevada f'k Ely Un Vegas Pong 82 79 48 101 76 85 85 53 57 6 39 64 59 60 53 53 02 have partly cloudy skies and showers Lake Powell Canyonlands and Zion National Park — The areas' forecast calls for parly cloudy skies with widely scattered thundershowers Highs at lake Powell will be near 90 with lows in the low lo mid-70- s Canyonlands will have highs in Ihe 80s with lows in the 50s to mid-60- s Highs at Zion National Pork will be in the mid lo upper 90s with lows in the upper 50s to low 60s will Daily Data 003 Precipitation — Precipitation in August — 003 OOA Accumulative deficiency — Precipitation since Ocf 11986— 1066 Accumulative deficiency — 382 State high — 98 at Moab — State low 40 at Bryce Canyon 84 degrees SIC high — — 63 degrees SIC low Normal high lor this date — 85 degrees Normal low tor this date — 54 degrees Record high tor this date — 96 degrees Record low (or this date — 39 degrees Sunrise Today — 6:57 MDT Sunset Today — 7:56 MDT Utah Agriculture Forecast The forecast calls lor partly cloudy skies with scattered thundershowers through Saturday Highs will range from the upper 70s to low 90s with lows In the 50s and 60s National Yesterday's Conditions Today's Forecast Wyoming bunston C qsper Cheyenne 9 n k 85 83 Spungy limmie 81 76 T 01 I T Idaho B 75 iiuho Fain i’oi nle'lo eviig 72 Iwn l(jlv 72 56 59 65 68 47 72 56 Montano 55 V Colorado ' ’hi" flit lJ" liflt 89 89 59 63 Global lemp' Yesterday Conditions s EFFECTIVE THRU TUES SEPT 8 1987 WEST JORDAN COTTONWOOD L SANDY BOUNTIFUL WEST VALLEY CENTERVILLE SALT LAKE CITY A fc |
