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Show Wilkinson to Decide Whether to Appeal By Mike Gorrell forced provides for civil penalties against cable companies transmit ting material deemed indei ent or obscene It was passed by the 1983 Leg islature over the veto of then Gov Scott Matheson, and later challenged by local subsidiaries of cable compa Tribune Staff Writer The Utah Attorney General hasn t deoiled whether to appeal a ruling that upholds a federal court s finding that the Utah Cable Television Decency Act is unconsti- was an unconstitutional infringement on First Amendment principles of free speech because of vagueness and an overbroad definition of indecent materials the judges wrote in a seven page the that district court Judge opinion Anderson has written a comprehensive opinion with which we agree, and to whu h we can add little of value ' Inc severny al individual cable subscribers and the cable channel Home Box Office Kearns Tribune Corp parent company of The Suit Luke Tribune, is a minority shareholder in Inc In two concurring but slightly dif, tutional In its ruling published late Monday in Denver, The 10th Circuit of Appeals also ordered the state to pay attorney's fees for individual and corporate opponents of the law, a decision which, if not overturned in a subsequent appeal, will cost the state more than $500,000 defending the 1983 law against legal challenges In a separate 37 page opinion Judge Bobby R Baldock concurred that the law was unconstitutional but disagreed with his associates and Judge Anderson that state and local governments are not authorized to regulate program content on cable television, as they do on broadcast television and radio Those judges ruled that only the federal govern , fering opinions published late Monday in Denver, the 10th Circuit judges affirmed U S District Court for Utah Senior Judge Aldon J Anderson s 1985 decision that the Decency Act The law, which never has been en ment has the power to regulate the content of cable television program ming Paul Warner, associate deputy at torney general said late Tuesdav af ternoon that his office had not received copies of the opinions and would issue no comments until the documents had been studied thor oughlv "Obviously we're verv interested in seeing what they have to sav,' Mr Warner said We won t know if we re disappointed until we read what they had to say " Attorney General David Wilkinson, who was not available for comment, has said he is willing to pursue the case to the U S Supreme Court Local Cable-A- ct Mr Warner said ' I don t think the Supieme Court option has changed particularlv but it has to be tern I pered in light of this decision wouldn t say categorically that we re going to appeal All along we've said wed take it up We'll review this " carefully and make a decision Attorneys for the law's opponents meanwhile, were elated by the 10th Circuit decision They also estimated their legal fees will slightly exceed the state s expenditures defending the law Patricia O Rorke, who represented the individual cable subscribers, said both my clients and myself hope the attorney general will stop wasting taxpayers money on a political cause Vteclnesdav Morning Ruling that is constitutionally unsupportable and legally ' I would hope that reason would prevail and rather than continuing with appeals that no private individual would pursue, Wilkinson) would satisfy any concerns about obscenity in Utah by bringing real cases to district court and winning them under existing obscenity laws," she added Tele Communications Inc attorney Bryan McDougal said he also hopes this sounds the death knell for the Utah Cable Television Decency Act." and that the judges concurring opinions would dissuade Mr Wilkin son from appealing to the Supreme Court September 10, 1086 Section B Bag 1 Counties Asked UP&L Resumes Line Work in Brighton To Take Over State Divisions Forest Service Balks at Allowing Larger Lines By Anne Palmer Tribune Staff Writer Power-lin- re- replacement e sumed at Brighton Tuesday, although the U S Forest Service responded to citizens complaints by withholding permission for the installation of larger lines across forest lands Utah Power & Light officials requested a permit to upgrade the existing line between Big and Little Cottonwood Canyons last February, and received "verbal approval, according to the Forest Service's Dick Kline Mr Kline had told members of a Big Cottonwood Canyon Association subgroup, Concerned Citizens of Brighton, the only reason the amendment to UP&L's original permit had not been formally approved was due to "bureaucratic inefficiencies However, Dick Pine, Forest Service public information officer, explained Tuesday there was some hesitation about granting formal approval "We had hoped to sign the permit this morning But based on last night s meeting we may decide not to sign the permit amendment," he said Representatives from all three groups were negotiating the matter Tuesday while crews continued to work on private lands Meanwhile, an attorney for the citizens group began preparing a motion asking for an injunction to halt the company from replacing existing wooden poles in the Brighton area The plan calls for removal of 78 poles and installation of 44 taller models Twelve of the poles will be in new locations and 15 will be made of steel Pioperty owners pledged about $2,700 night Monday to cover the cost of seeking the injunction Spencer Clawson, whose family has owned property at Brighton since the turn of the century, said when he signed a document giving UP&L permission to install a new ' pole on his lot it didn't dawn on me what they were going to do They said they needed to make the pole a little taller but at the time it wasnt revealed that it was for extra power for Alta and Snow Transfer of Social Programs A Worry for Utah Officials By Carol Sisco Tribune Social Issues Writer Utah s county commissioners will receive a letter Wednesday asking them to take over responsibility for mental health, alcohol and drug programs statewide The State Department of Social Services would eliminate the Mental Health and Alcohol and Drugs divisions but still provide counties with some money through block grants Initial plans to also eliminate the Division of Aging were dropped by Social Services Director Norman G Angus The impetus for reorganization l--. financial hardship, he said The state now provides primary funding for the programs which are often operated by the counties, but l staff also provide monitoring, research and lobbying efforts at the legislature If counties refuse to take over all responsibility, Mr Angus said he thinks the state should have full authority to run the programs instead "The state of Utah is in a rather unusual and conflicted position in its mental health, alcohol and drug and aging programs," he said in the letter dated Tuesday Present state law has created two masters or authorities for these programs, one at the state level and one at the local level " Because of that duplicated authority, the state ar J ounties often argue over who should set policy and priorities and spend limited funds, he said, counterprocalling the situation, ductive, duplicative, unnecessarily " competitive and inefficient But program directors and county officials contacted Tuesday aid if the plan is approved, they fear state funding will diminish, their lobbying position at the legislature will be lost and patient services will suffer Mr Angus has asked for comment bv Oc t state-leve- Utah Power & Light Co. presented Brighton cabin owners with this portrayal of the expanded power line linking Big and Little Cottonwood Canyons. Construction resumed in the Brighton Loop area Tuesday. Drawing corresponds to X on map, the view from State Highway 152 going toward ski area. bird " The addition of steel poles was not mentioned What bothered him most about the whole affair is that he told the power company representative he would not give his OK unless all the Brighton people knew what Mr Clawson they were doing lives in La Jolla Calif, but often visits Brighton with his Salt Lake He the UP&L rep Citv relatives resentative assured me they wouldn t proceed without the Brighton community councils proval, he said ap- That approval was neither granted nor solicited, and citizens See B-- Column 5 Tornado Reported in Kearns Tribune Staff Writer Even in these unsettled weather times Tuesday s stonn was a wild one said National Weather Service meteorologist William Alder He wasnt exaggerating For ex ample Hail orac ked the canopy of an fighter jet re turning to Hill Air Force Base from a mission at Eagle Range west of the Great Salt Lake The pilot landed safely The weather service issued a tornado w arning for Dav is and W c her c ounties after Hill Air Fore e Base ra dar dc tec ted tornadolike wind move ment along the east shore of the Great Salt Luke 8 miles west of Lav ton Federal v,ation Administration persorinc at the ( )gch n tow er also oh served totaling air in the clouds in that ,'ten No tornado touched 6 grounu ido r pot t dlv did how down around 12 15 p m in a fie Id m ar ujnti Sc. nth be twe n noon and 7 on Wist I he Kearns tornado lasted ibout ora minute Hid loused no damage A lightning ho!' Mine k a t w iv at S ill ju t i es of a runw i uke t v Inti rri t ion el rport re at lr g a hob si v r al me he s de p mil se atte ring roe ks end e'li t for al to 7 I he a r(! Gil is foil d III t t he lie I r re is I. er ej in minute s m t is ' G O u 11 A vc r i n t loin h ii A W I v , A I! I f"i soul' te i ( I i fl i k of in ll floe d i te r w o tng i v ' " W II lung m lu m n i i pm te soul h d we W sue d is ount oong t t I It v if 1 1 w is i e gist 1 ed in the e e ntr il pm tii n of the kilt Luke Aulltv West Aunt v ( itv re e ive d 'll) me In s South Sail lake 7 Ci west Ke .un V and s.endv 46 llolladav the lowei Avenues ( e nte rv die and the f mve i sitv ed I tub e oi (led w I i te 4H me lies all T ( I' had ati I ogun 5 i S anisli i ipit itnm totals in the d the (I tin ( hi S ilt iv ike I not 'j G v is ( .uni I nigh un f itv and Hr ov o i just 0 i me lies fr m tin stm m G id v I w hi r spt ulute o i il t a hi s I now Si i fi jl t at il i ( i i 6 ' iv ' in F'armingiun, at the fan is a blast rain or shine The Tribune caught up with the Knowlton kids during a sheep shearing demonstration rues day morning ' Mv grandparents own sheep de dared Amelia Littlefield '1 think thev shear them in the springtime A varn spinning demonstration followed A second Knowlton bth grad er Josh White, put things into pet speetive Thev ( n spin sheep into clothing he said proudlv But turning sheep s wool into e loth ing is no simple matter aee ordmg to flat k Rampton See well, learned that after t s done thev have to clean it and wash it with those two finishes he said referring to one of the moie technical aspects of woolmaking Unit .re olher things about won. that mav not be obv mus atcoid tig t' the Delphine Martins explanation nater a phi mime non I learned that these sheep have covers on to keep tin m ,mm ih and chan she x plained And judging shee p at the fan is nnl ( x u tlv an i es matte t note el 6th Se (' II ( nlitmn e, d 'O' nh.mii B-- I eki v I said 'You get more lobbying power with independent agencies like Alco-Se- e Column 1 1 21 In Ipi d ju i of in My initial reaction is I don t think a good idea," Mr Dangerfield School Day t v ic e also issued severe thunderstorm warning from 11 am to p m foi Davis Salt Lake Webe i eastern Box F.ldi'r and north eastern Tone le counties Street Hood ing was reported in Tooele at 4 p m Aide its For the 6th grade at Knowltun F'i' a ffi ' School mentary ' Mr Alder said The wc at he r si ( it Fair e Mr Salt Lake County does not have an official position on block granting yet but Mental Health Director David Dangerfield said he does not like Sixth graders love the fair They love to run up and down the midway screaming and laughing They love to discover how sheep arc shorn and how to tell if a cow ha milk At least they said they loved it And after all, what could be better than to miss a day of school and t ike a rowdv bus ride to the Utah Stat rado The warning was for the town of Aneth and the area between the San Juan River and the Colorado boi der The weather service also issued a severe thunderstorm warning from 11am to p m for Davis Salt Lake Weber Eastern Box Elder and Northeastern Tooele counties Street flood ing was reported in Tooele at 4 p m In addition there were gust v morn ing winds as the active old front moved into the Wasatch Front and periodicallv heavy thundershowers dropped enough precipitation to boost the current water year total at the Salt Lake airport into fourth plae e in rankings that go hue k to 1429 Fork "There is a significant concern among people who have discussed it that without a state presence we wont have as much strength before the state legislature in securing funding, Mr Tanner explained Pupils Laugh And Learn At State Fair Wild Storm Brings Rain, Lightning, Hail to N. Utah Bv Mike Gorrell the project, which would need legislative approval I fear sending all dollars to county commissioners and saying do what you want to with it, said Dr Gene Chatlin, Southwest Mental Health and Alcohol and Drug Center director On the one hand it supports the concept of local autonomy and local individuality But it breaks down the system of coordination and partnership which exists on broad state issues I think it could create fragmentation of services to the state as a whole and competition for dollars there The Utah Association of Counties has not taken a position on block granting yet, Director Jack Tanner said, but initial reaction is somewhat negative While county responsibility is not a new concept, Mr Tanner said, "the indication we have is that counties kind of like a state presence in those programs for the purpose of assuring that standards are applied statewide with regard to providing programs ' Another major concern raised by a steering committee studying block granting is whether it would mean less money for mental health and al cohol and drug programs, he said 15 on I Unlike some chilelien who ti.e surpiisetl h .ill the f ir m animals at the state (an t .It , lit mulct Poll calmlv strokes the side ol He ompetition r hi other 'x he ilt i aft t 1 1 1 |
