BALLOT ISSUE RECOM-

MENDATIONS page 3

A JOURNAL OF FREE VOICES VOLUME 83, No.21 $1.50 Silent No More Dallas' African-American community forces the city to adopt a fairer city council election system. Story on page 6.

Also: JEROME J. JOHNSON • Questions about Mexico's recent election (page 16) • Toxic waste disposal gets another chance (page 9) • The lottery may be a boondoggle (page 11) and other big surprises.... DIALOGUE

Thanks for of Government in receivership some years ago, UT Reporting bTH II TEXAS the subsequent reorganization resulted in the department achieving marked improvement in server As a former student of Elizabeth Fernea, I its national standing. thank you for publicizing the recent events 3) The hiring of minority faculty: In a memo surrounding the change of directors at UT's dated July, 23. from Dean King to all UT de- A JOURNAL OF FREE VOICES Middle Eastern Studies Center.["Illiberal We will serve no group or party but will hew hard to the truth . partments, he stated: "I insist that you con- as we find it and .the right as we see it. We are dedicated to Arts," TO, 9/6/91.] tinue your efforts to recruit minority faculty. the whole truth, to human values above all interests, to the Elizabeth Fernea is a gifted scholar and The College of Liberal Arts did very well in rights of human-kind as the foundation of democracy: we teacher whose fine international reputation is will take orders from none but our own conscience, and 1991 in recruitment of minority faculty. I want never will we overlook or misrepresent the truth to serve the richly deserved. Hundreds of undergraduate this to continue. Because faculty recruitment interests of the powerful or cater to the ignoble in the human and graduate students have gained from her will in general be constrained,you will have a Writers are responsible for their own work, but not for not only an assortment of historical facts and greater amount of time to plan your recruit- anything they have not themselves written, and in publishing details of sociology but deeper insights into ment strategies. I want you to use that time to them we do not necessarily imply that we agree with them what it means to be human. I was shocked and because this is a journal of free voices. focus on minority recruitment." This statement dismayed to learn from your' article that she is certainly at variance with the contents of SINCE 1954 was not appointed director of the MES Cen- your editorial. Publisher: Ronnie Dugger ter, in view of her obvious and overwhelming 4) The American Association of University Editor: David Armstrong qualifications. Professors (AAUP). The AAUP was requested Managing Editor: Brett Campbell Associate Editor: James Cullen by certain faculty members of the Department Copy Editors: Roxanne Bogucka, Amy Root Mary O'Grady of English to investigate the proposed English Mexico City Correspondent: Barbara Belejack Dallas Capitol Correspondent: Lisbethtipari 306 course last year. The relevant AAUP com- Editorial Intern: Roddy de la Garza mittee voted not to do so. Contributing Writers: Bill Adler, Betty Brink, Warren Benevolent King The Search Committee. As a faculty Burnett, Jo Clifton, Terry FitzPatrick, Gregg Franzwa, • 5) James Harrington, Bill Helmer, Ellen Hosmer, Steven member, King was nominated and then elected Kellman, Michael King, Mary Lenz, Tom McClellan, As a subscriber and supporter for over 40 by secret ballot of the voting members of the Bryce Milligan, Greg Moses, Debbie Nathan, Gary years, I am more than ever convinced for the Pomerantz, Lawrence Walsh. Liberal Arts faculty to serve on the Search Editorial Advisory Board: David Anderson, Austin; need to have a publication such as the Texas Committee. He was not appointed to the search Frances Barton, Austin; Elroy Bode, Kerrville; Chandler Observer. I was therefore disappointed in the committee by President Cunningham as stated Davidson, Houston; Dave Denison, Cambridge, Mass; Bob Eckhardt, Washington, D.C.; Sissy Farenthold, way the Observer weakened its credibility by in your editorial. In addition, King was also Houston; Ruperto Garcia, Austin; John Kenneth virtue of its editorials in the September 6 (Vol. elected to chair the Search Committee. Galbraith, Cambridge, Mass.; Lawrence Goodwyn, 83, no. 17) and September 20 (Vol. 83, no. Durham, N.C.; George Hendrick, Urbana, Ill.; Molly 6) Contrary to your editorial, the funding Ivins, Austin; Larry L. King, Washington, D.C.; Maury 18) issues which centered on Robert King, for the Women Studies Program is the same Maverick, Jr., San Antonio; Willie Morris, Oxford, Miss.; acting clean of the College of Liberal Arts at Kaye Northcott, Austin; James Presley, Texarkana; Susan as last year. Reid, Austin; Geoffrey Rips, Austin; A.R. (Babe) the University of Texas at Austin. For the The College of Liberal Arts and indeed the Schwartz, Galveston; Fred Schmidt, Fredericksburg. record, let us note the following facts: university as a whole is fortunate that Dr. King 1) Dr. King did not receive a "raise." The Contributing Photographers: Bill Albrecht, Vic could be prevailed upon to return to the Col- Hinterlang, Alan Pogue. salary increase of roughly $21,000 represents lege of Liberal Arts as acting dean. As all ex- Contributing Artists: Eric Avery, Tom Ballenger, the differential in moving from a nine-month ecutive officers, King has the right and the duty Richard Bartholomew, Jeff Danziger, Beth Epstein, Dan Hubig, Pat Johnson, Kevin Kreneck, Michael Krone, academic to a 12-month administrative salary. to select those persons whom in his judgement Carlos Lowry, Ben Sargent, Dan Thibodeau, Gail Woods, This is standard procedure and does not rep- can best administer the departments and Matt Wuerker. resent a raise. Dr. King will also receive the programs. Throughout the years, I have been Managing Publisher: Cliff Olofson same 2 percent increase as every other em- impressed with Bob King's honesty. If he Subscription Manager: Stefan Wanstrom ployee at the university. makes a mistake, he will admit it. Executive Assistant: Gail Woods Special Projects Director: Bill Simmons 2) The Department of English. The old Gov- Development Consultant: Frances Barton ernance Committee of the Department of Ira Iscoe, PhD English had 10 people on it; the new commit- SUBSCRIPTIONS: One year S27. two years $48. three years $69. Full-time students Ashbel Smith Professor of Psychology $15 per year. Back issues $3 prepaid. Airmail, foreign, group, and bulk rates on tee has 28 members. It is really hard to argue request. Microfilm editions available from University Microfilms Intl.. 3(8) N. Zeeb Director, Institute of Human Development Road, Ann Arbor. MI 48 106. Any current subscriber who finds the price a burden that the old way was "more representative," should say so at renewal time: no one need forgo reading the Observer simply be- and Family Studies cause of the cost. especially with its provision for voting in se- University of Texas at Austin THETEXAS OBSERVER (ISSN 0040-4519/USPS 54I 300). © 1991, is published cret. The new. Governance Committee struc- biweekly except for a three-week interval between issues in January and July (25 issues per year) by the Texas Observer Publishing Co.. 307 West 7th Street. Austin. ture has already made considerable progress Editor's note: The UT English Department Texas 78701. Telephone: (512) 477-0746. Second class postage paid at Austin. Texas. November 2, 1991. in dealing with the pressing problems of the did not choose to change the form of POSTMASTER: Send address changes to THETEXAS OBSERVER. 307 West 7th department. This seems to me more demo- Street. Austin, Texas 78701. government that its members had evolved over cratic, rather than the autocratic dictatorial A Member of the the years — Dean Robert King foisted a new Association of AAR. nature in which you described Dr. King. Inci- see Dialogue page 23 Alternative Newsweeklies dentally, when King placed the Department

2 .-Ocromirt87-4-99-1- . 13D■.1 24100t-tr (),, EDITORIALS rob, THE TEXAS On the Lottery , 0,1 server and Other Gambles NOVEMBER'2, 1991 VOLUME 83, No. 21 PROPOSAL TO LEGALIZE a state Legislature to remove the limits on invest- Alottery is probably the main draw for the ments in the Veterans Housing Assistance and Nov. 5 general election, but there are other Land programs and to expand the investment FEATURES important issues to be decided among the 13 authority of the Veterans Land Board to in- A Dead Duck proposed constitutional amendments on the vestments authorized for state funds by the By Kim Batchelor ballot. That may sound strange, since the treasurer. The Constitution now limits invest- Constitution, as the charter upon which our ments from the Veterans Land Board funds to Burning Issue state government is based, should be changed United States bonds and obligations. Enabling By James Cullen 9 only upon grave consideration. But the post- legislation also would prohibit investment in Reconstruction Constitution of 1876 dealt with any company doing business in South Africa Conn. Game such minute aspects of state government that unless the company has adopted the Sullivan By Mike Thomas 11 the Legislature must frequently ask the Principles or has agreed to the U.S. State De- electorate's permission to put the state further partment code of conduct. in debt with another bond issue or to take any • Proposition 4, which would authorize up DEPARTMENTS number of actions (such as raising lawmak- to $1.1 billion in general obligation bonds for Dialogue 2 ers' salaries) that might simply be accom- construction and renovation of prisons, men- Editorials 3 plished by legislative fiat in other states. tal health and mental retardation institutions Las Americas 16 In addition to the lottery question, voters will and youth corrections institutions. The money decide whether to place the Texas Ethics is earmarked to add at least 6,750 maximum- Books and the Culture Commission in the Constitution with the au- security beds, six medium-security regional Maghreb Montage thority to set legislative allowances. They will centers, one psychiatric center and 12,000 beds By Steven Kellman 19 . decide whether the state Department of for substance abuse treatment centers for the A Modern PIcaro Transportation should be able to lend money first time, for a total of 25,250 new adult beds By Barbara Belejack 20 to the Texas Turnpike Authority as well as designed to reduce the overflow of felony whether to change the process by which state convicts in county jails. Afterword debt is authorized. • Proposition 5, which would allow taxing Also on the ballot are propositions dealing jurisdictions (except school districts) to offer New Lip Service for Old with home rule of cities, water development exemptions from property taxes for goods that By James McCarty Yeager 22 in colonias (unincorporated rural subdivi- are in the state less than 175 days for process- Cover photo by Jerome J. Johnson. sions), prison construction and college student ing or manufacturing purposes in designated loans. There are also proposals to provide tax enterprise zones. exemptions in enterprise zones and for non- • Proposition 6, which would give the Texas Correction profit water corporations as well as initiatives Ethics Commission, created by statute this to relax investment rules for public retirement past spring, the authority to recommend the systems and the Veterans Land Board and to salary for legislators and the lieutenant gov- In last issue's story, "Have Badge, Will help clear titles for land purchased from the ernor, subject to voter approval. The amend- Travel," we neglected to credit the Mid- state more than 50 years ago. ment would give the House speaker two ap- land Reporter-Telegram for their courtesy The proposed amendments, in brief, include: pointments to the eight-member bipartisan in allowing us to use the photographs by • Proposition l , which would allow home commission. It also would authorize the com- Curt Wilcott and Joe. D. Williams that had rule cities with a population that falls below mission to set the per diem allowance for law- originally been published in that newspa- 5,000 to amend their charter. Population shifts makers, subject to federal limits for income per. We apologize for the omission. have left 37 cities unable to amend their char- tax purposes, and it would provide that a pay ters because they no longer have 5,000 resi- raise for the lieutenant governor would not mission could increase the living allowance dents. The amendment would allow the cities make a legislator ineligible to run for that of- for lawmakers during legislative sessions from to continue amending their charter. fice. Regardless , of the fate of the constitutional the current $30 per day without going to vot- • Proposition 2, which would allow the amendment, the commission will exist by ers for approval. The Observer recommends Legislature to authorize the Department of statute and have the power to investigate a vote against this proposition, for reasons Transportation to finance toll roads and complaints of ethics violations as long as six detailed below. bridges for the Texas Turnpike Authority so of the eight commissioners vote to initiate the • Proposition 7, which would allow the long as the money is repaid by the tolls. The investigation. The proposed constitutional boards of trustees of state public retirement Constitution now prohibits the Legislature amendment would give the commission the systems to invest funds in real estate or other from lending public money for toll roads and authority to suggest legislative pay raises from "prudent" investments. turnpikes. the current $7,200 a year, subject to voter ap- • Proposition 8, which would allow the • Proposition 3, which would authorize the proval in the next general election. The corn- Legislature to propose new bond issues with-

THE TEXAS OBSERVER • 3 out further amendments to the Constitution. students attending Texas colleges and univer- On Proposition 6, which would put the Eth- The Legislature would still need two-thirds sities. Voters rejected a similar amendment in ics Commission in the Constitution, Common majorities in both houses to submit bond is- August. The Legislature put it back on the Cause of Texas, a citizens' group that has led sues to a statewide vote, with a clear descrip- November ballot. the call for ethics reform, opposes such en- tion of the amounts, purposes and sources of shrinement for reasons that are persuasive. "An payment of the proposed new debt. The Ob-, Split Opinion even-numbered commission can easily dead- server recommends a vote for this proposition The Observer staff is split over the Proposi- lock," said Suzy Woodford, state director of (see below). tion 11 question of whether the lottery should the citizens' lobby. "The Federal Election • Proposition 9, which would allow the state be legalized. The social conscience argument Commission in Washington, D.C., is a prime land commissioner to issue patents for public says a lottery would prey upon lower-income example of why you don't want it in this form. land to applicants who can prove they acquired and less-educated Texans, but the more liber- It's often referred to as the Failure to Act the land without knowing the title was defec- tarian argument questions why we presume to Commission because they deadlock along tive and that they and their predecessors had stop people if they are bound and determined party lines," she said. Also, since six mem- held a recorded deed and paid taxes on the land to waste their own money on a lottery. bers would have to agree for the commission for the past 50 years. The amendment would For the record, the main arguments are that to take any action, the governor, lieutenant not apply to beach land, submerged filled land, the lottery would generate as much as $500 governor or speaker could kill the commis- islands or any land found to belong to the state million annually for the state that otherwise sion by omission if they failed to make the by a prior court ruling, and it could not be used would have to come from taxes. Participation appointments, Woodford noted. to resolve a boundary dispute. in the lottery would be voluntary and would The Ethics Commission needs more work • Proposition 10, which would exempt from attract people who otherwise gamble illegally by the Legislature (see "The 72nd Legislature, property taxes a nonprofit water corporation's or buy tickets in lotteries elsewhere. On the TO 6/28/91), and chiseling it into the Consti- property. The Observer recommends a vote other hand, that projected lottery revenue of tution now would only make it harder to fix for this proposition (see below). perhaps $1 billion in a two-year budget pe- later. Other groups that have announced op- • Proposition 11, which would authorize the riod is relatively small change in a $60.1 bil- position to the Ethics Commission amendment state lottery (see below). lion state budget and would not prevent fu- include the League of Women Voters of Texas • Proposition 12, which would increase the ture tax increases, which is a major reason state and Public Citizen of Texas. The attempt to amount of water development bond money leaders rationalized getting the state involved get the commission to propose legislative pay that could go to build and expand water sys- in promotion of gambling. raises was a nice try by lawmakers who have tems in colonias, mainly along the Rio Grande. The lottery is an inefficient way to raise seen voters shoot down other attempts to in- In 1989, Texas voters approved a constitu- revenue, since less than half the money paid crease legislative emoluments since the last tional amendment that authorized the Texas for lottery tickets will benefit the state. Also, pay raise in 1975. Voters in 1971 turned down Water Development Board to issue $500 mil- other states have found lotteries to be an un- a similar ethics commission with authority to lion in bonds, with $100 million earmarked stable source of revenue (see accompanying recommend salaries and as late as 1989 they for subsidized loans and grants for water and article concerning Connecticut's experience). turned down a proposal to increase legislative wastewater systems in economically distressed We would hope that the lottery hucksters salaries. areas of the state. But cost estimates to pro- would at least be required to inform the pub- On Proposition 4, will we really need the vide safe drinking water and sanitary sewage lic of the long odds against their ever seeing a 25,250 new prison beds this $1.1 billion bond disposal already exceed the authorized return on their investment, but when the nov- issue would pay for? Texas already has 52,200 amount, and the amendment would increase elty wears off the state will be tempted to pump prison beds and is building space for an addi- that share to 50 percent of the original bond up the promotions, introduce new games and tional 15,600 beds, which would leave the state issue, or $250 million. The Observer recom- increase prizes to keep the bamboozle going. with 67,800 beds by the mid-1990s. The Ob- mends votes in favor of this proposition and (As detailed in a previous editorial ["The server would like to see more alternatives to that of Proposition 13, for reasons detailed Lottery: No Safe Bet," 7/26/91], those of us imprisonment for non-violent criminals. At below). who oppose the lottery have serious objections least the 12,000 beds devoted to substance- • Proposition 13, which would authorize to the state becoming a huckster and using tax- abuse rehabilitation in the bond issue is a step $300 million in general obligation bonds to payer money to deceive its citizens, which in the right direction. But the money ear- finance higher education student loans. The seems to be the inevitable case in state lotter- marked for new prisons might better be used amendment would authorize the Legislature ies. Moreover, a lottery exacerbates Texas' to divert nonviolent offenders into alternatives to allow the Higher Education Coordinating already unfair and regressive tax structure, and such as boot camps and regional rehabilita- Board to issue as much as $100 million worth perhaps delays adoption of a fairer system. In tion and education centers, which would leave of bonds each year to finance loans to Texas such a context, it's impossible to endorse what. room in prison for violent offenders who be- would otherwise seem an unobjectionable long there. Moreover, taxpayers will end up El Salvador Work-a-thon "voluntary tax." . paying another $1 billion in interest to retire The argument that the people should have the bond debt. Austin CISPES is sponsoring a Rebuilding the right to do any old dumb thing they want Another proposition that deserves a "no" Lives and Communities Work-a-Thon Oct. might have supported a legislator's vote in fa- vote is Amendment 7, which would allow the 26. Money raised will go to the BRAVO vor of putting the lottery on the ballot last boards of trustees of state public retirement Fund, which supports medical projects of systems to invest funds in real estate. This the Farabundo Marti National Liberation summer. Now that the question has arrived Front. The projects include a women's there, however, I think it's our duty to recom- appears to be an invitation for disaster for the paramedic training project, mobile hospitals mend, based on our study of the question, what public pension funds. There are a lot of former to provide basic health care in poor urban we consider to be the most responsible vote, bank executives who may wish the state Con- areas and larger hospitals equipped to deal as we have with the other questions on the stitution had stopped them from investing in with more substantial medical emergencies. ballot. I would vote no on Proposition 11, and real estate during the 1980s7Last week, an For information call (512) 474-5845. yes for a fairer tax system. — B.C.) article in the Austin American-Statesman de- ■ 4 • OCTOBER 18, 1991

1M. nor, 1 Yw ,!`4,400••■■rot .-011."4" • 7+4 ,webte,... scribed the losses one pension fund had suf- source of each proposed debt, which is more on politics. fered because of real-estate investments. Will disclosure than voters now get. Elections From 1989 to March 1991, Cullen was state the next step be authorizing the retirement would require the same notice that is required Capitol reporter, covering the Texas legisla- systems to invest in the new state lottery? to amend the Constitution. ture and state agencies, for the four Hearst Proposition 10, allowing tax exemptions for newspapers in Beaumont, Laredo, Midland, Worth Voting For nonprofit water supply corporations, would and Plainview. During this period he also But there are worthy amendments, including encourage formation of cooperatives to de- wrote a weekly column on state government Proposition 12, which would increase the velop water resources and wastewater services, and public policy. He covered border issues amount of water development bond money which would help reduce nonpoint source of interest to Laredo readers, oil and gas issues that could go to build and expand water sys- pollution. It would treat the nonprofit water of interest to people in Midland, farm issues tems in colonias, or rural subdivisions, mainly supply corporations the same as public water for Plainview readers, and coastal and envi- along the Rio Grande. The proposed $250 utilities, which are tax exempt. In many areas, ronmental issues of special interest to million is a more realistic amount to prevent particularly in rural Texas, water supply cor- Beaumont. Briefly this year he was the editor Third-World-style public health problems for porations are required to have miles of pipe- of the Austin Weekly, a community newspaper more than 200,000 residents of colonias at a lines to serve their customers. Collection of which was trying to position itself as a weekly minimum cost to the state since residents of property taxes on these pipelines only in- alternative to the Austin American-Statesman the affected colonias are expected to repay the creases the costs to customers. On the other before suspending publication. loans through the local governments that un- amendments wheie the issues are less clear- Cullen is 37. He received a .BA degree with derwrite them, and they have a good record of cut, we offer some observations. honors in politics from the University of Dal- repayment. The Observer is joined by the On Proposition 2, which would allow the las in 1976. During his first seven months out League of Women Voters of Texas in support Transportation to lend money to the Turnpike of college he started up an alternative weekly of Proposition 12, and interested groups such Authority, the Observer has reservations about in Dallas, the . Dallas Gazette. as Valley Interfaith are not taking the election the proliferation of toll roads in a state whose In 1977 and 1978 he was a reporter cover- for granted. A Sept. 22 rally in Edinburg drew residents already pay enough in motor fuels ing police, city hall, and general assignments more than 1,200, including many residents of taxes to support a free highway system. The for the Irving Daily News, for which he wrote the colonias, and they pledged to get out the amendment would help the Turnpike Author- a weekly column on city affairs. As education vote for the proposition. ity save money on turnpike projects. It also writer for the Shreveport Times from 1978 to They hope the initiative will not suffer the would make it easier for the Turnpike Au- 1980, he reported on metropolitan school sys- same fate as a proposition that failed in Au- thority to seek money from the federal gov- tems, state education agencies, and other gust to authorize $300 million in general obli- ernment, which recognizes only one state matters. At the Longview Morning Journal gation bonds to finance higher education stu- agency as the recipient of highway funds. between 1980 and 1983, he was a general as- dent loans. Voters rejected that proposition Proposition 5, dealing with the freeport tax signments reporter and again wrote a weekly when its sponsors, preoccupied with the spe- exemptions, might be considered special-in- feature column. cial legislative session, failed to get the mes- terest legislation. It is designed to attract Cullen has won various journalistic awards: sage out that the'program was self-financing. warehouses to Texas by reducing their poten- Unity Awards in Media, National Newspaper The Legislature put it back on the Novem- tial tax liability. Association community service report and ber ballot and in this form Proposition 13 once From its adoption in 1876 through August Hearst Community Newspapers writing con- again merits the approval of voters. The pro- 1991, the Texas Constitution has been tests, 1985; honorable mention, 1986 Texas ceeds from the bonds would be used for stu- amended 328 times out of 489 tries, so the APME awards; second place in features, 1983 dent loans under the Hinson-Hazelwood Col- electorate has not been a rubber stamp, and Texas APME; second in column writing, 1982 lege Student Loan Program. Repayment of the we hope it will reject at least two or three this Texas APME; and first for team effort, loans will retire the bonds. State money has time. Early voting will run through Nov. 1 at 1980APME (all the APME awards having never been used to retire the bonds and the the county clerk's office or other designated been in the AA division). default rate of the student loans has been ay- polling places. Polls will be open on election In his letter of application, Cullen said: "I proximately 6 percent, considerably less than day from 7 a.m. to 7 p.m. — J.C. believe the strengths of the Observer are in the 16 percent national average. Moreover, all covering areas of Texas that continue to es- defaults are covered by interest earnings or by Information was obtained from analyses cape the attention of the mainstream news a federal insurance program so there is mini- provided by the League of Women Voters and media, whether those areas be the colonias of mal risk to the state. In light of shrinking fed- the Texas Legislative Council. South Texas, the housing projects of Houston eral financial aid for students, it is important or Dallas, or behind the Pine Curtain in East that the state support programs that assist them New Associate Editor Texas, but there is still a need to give context in paying for a college education. The loan to state government and state affairs from a program not only makes loans available to We are pleased to announce the appointment liberal or progressive point of view. students, but it also promotes college atten- of James M. Cullen, a veteran newspaper re- "I also think," Cullen said, "the Observer dance and ultimately contributes to the state's porter, as the new associate editor of the Ob- should be challenging assumptions, not only economy. server. He was selected from a strong field of of young people who have grown up in the Proposition 8 would change the process by applicants in September and began work with conservative era of Ronald Reagan and George which debt is authorized. The Observer this issue. Bush, but also of some professed liberals who supports this proposition and so does the From 1983 to 1989 he was political writer have not had original thoughts since the early League of Women Voters. The Legislature for the Beaumont Enterprise. In that position, 1970s. would still need two-thirds majorities in both he covered the Texas and Louisiana legisla- "Most important, the magazine should be houses to submit each new bond issue for a tures, county government, courts, and higher lively and raise hell, so that it attracts the best statewide vote, but the propositions would education, and reported on local, state, and writers in the state as well as the best read- describe the amount, purpose and repayment national politics and wrote a weekly column ers." R.D

THE TEXAS OBSERVER • 5 A Dead Duck The end to Dallas' at-large city council elections BY KIM BATCHELOR

"The history of minority participation in the political process of Dallas. is not one of choice; it is a record of what blaCks and Hispanics have been permitted to do by the white majority." — U.S. District Judge Jerry Buchmeyer, Williams v. City of Dallas

T WAS JUNE 28, 1989, and the Dallas City Council was con- sidering recommendations proposed by the city's Citizens I Charter Review Committee. Those recommendations, pending council approval, would be put before Dallas voters in a charter elec- tion. The most controversial of these changes was to the city's system of electing City Council members. The council was faced with re- placing the 8-3 system — where eight seats were from single-mem- ber districts and three were selected at-large — with a 10-4-1 plan. Under the 10-4-1 proposal, 10 members would be elected from dis- tricts and four from "super districts" or quadrants. The mayor would continue to be elected at-large. JEROME J. JOHNSON Following an afternoon of speakers, Bernice Washington stepped A cadre of Dallas,' finest screens the city council from to the podium. Washington, vice-president of Dallas Southern Christian Leadership Conference, gave an eloquent denunciation of protestors during June 28, 1989 council meeting the at-large system. During her prepared remarks, she told the council and Marvin Crenshaw filed a lawsuit in federal court against the City that she would not move from the podium, challenging them to call of Dallas. Both men had been defeated in at-large elections and were in "the sturdiest officer you can find." a testament to the inequities of a system which required upwards of Mayor Annette Strauss, who was concentrating on some paperwork $250,000 to run at-large. That amount of money can only be raised before her, didn't seem to realize the implications of Ms. by appealing to North Dallas — the wealthy, white sector of town Washington's words. "Your time is up," she reminded her repeatedly. which has traditionally dominated the selection of successful at-large Each time, Bernice Washington replied, "I'm not moving." and mayoral candidates. - Security guards were summoned, but before they could reach the Historically, people of color: have been represented by no more woman at the podium, Mrs. Johnnye Hughes stood up from her seat. than three — usually only two — members on the City Council, out With the aid of crutches, she made her way slowly to Ms. of 11. Even under the 8-3 system, an additional African-American Washington's side. Within minutes, the two women were joined by seat should have been created. Instead, African Americans were others from the audience: African-American elected officials, Latino "packed" into two districts and "cracked" over two others to give and Latina community leaders, progressive Anglos, gay activists, East Anglos the majority in those districts. Only four years (two terms) of Dallas neighborhood advocates who had attended the meeting to speak the last 17 saw Latinos as members of the Council. out against disruptive transit plans. Between 30 and 40 people stood The Williams, Crenshaw suit was filed during a period of severe before a startled City Council with arms linked, singing, "We Shall racial tension. The tension was brought about by several killings of Overcome." After several tense moments, the mayor called a recess. African Americans, including two senior citizens, by Dallas police. Two council members remained during the recess — Diane In early 1988, two white police officers were killed, one by a mentally- Ragsdale, deputy mayor pro tern for the city, and Al Lipscomb. Both ill African-American man. Police Chief Billy Prince accused council represented predominantly African-American South Dallas and Oak members Lipscomb and Ragsdale of responsibility in the deaths of Cliff; both were strong advocates for a single-member district system. the officers, blaming their repeated criticism of the department's When the council reconvened, it continued its business despite the deadly-force policy. demonstration. Members were separated from the audience by a Mayor Annette Strauss responded to the tension by appointing a multiracial wall of Dallas police and security guards. Rejecting calls "Dallas Together" committee to attempt to resolve the crisis. Because by council members Ragsdale and Lipscomb to put a single-member one of the committee's recommendations was a change in the City's district plan on the ballot, the council voted 7-4 to place before the system of selecting council members, Mayor Strauss identified Dallas voters the 10-4-1 plan in an August 12 charter election. Together as the impetus behind the Citizens Charter Review Com- So began the "Summer of Discontent," a summer which brought mittee (CCRC). Marvin Crenshaw disagrees: "[T]he Charter Review to a head the decades-old frustrations over voting rights of Dallas' Committee was formed as a way of blocking the lawsuit. It was not communities of color. In the process, one of the strongest multi-racial, [created] out of the goodness of anyone's heart." The timing of the multi-ethnic coalitions in Dallas history was formed. charter vote and hearings lend credence to his assertion. The election The protest of June 28 was only one step in a year-old struggle. On was August 12; hearings began September 5, 1989. May 25, 1988, long-time African-American activists Roy Williams The Citizens Charter Review Committee was made up of one ap- pointment from each council member. The mayor had an additional three appointments. For chair, she selected Ray Hutchison, former Kim Batchelor is a freelance writer who lives in Dallas. head of the Dallas County Republican Party and spouse of now-State

6 • OCTOBER 18, 1991 Treasurer Kay Bailey Hutchison. The 10-4-1 plan was advocated by representatives of area Cham- bers of Commerce, who testified before the committee, and by most of the committee members. A majority of the members of color op- posed anything but a pure single-member district plan, with the ex- ceptions of business persons Yolanda Garcia and Pettis Norman, a former Dallas Cowboy. Concerns were voiced that white control of elected offices was the real agenda behind 1-0-4-1, a system that most African Americans and Latinos believed was the at-large system in another form. Debate on the subject was intense. C. Victor Lander, attorney and NAACP spokesman, said, "If [10-4-1] walks like a duck and talks like a duck and quacks like a duck, it's a duck." Former City Council Member Lee Simpson, a plan advocate and committee member, responded: "It is not a duck, and just because they call- it a duck doesn't make it a duck." On June 14, 1989, the CCRC voted 9-5 to recommend 10-4-1, or what came to be known by single-member district advocates as "10- JEROME J. JOHNSON quack-quack-quack-quack-1," to the Dallas City Council. It was that Citizens protesting 10-4-1 system wear gags and recommendation that sparked the protest of June 28. In preparation for the August 12 charter vote, the mayor initiated a chains to Dallas city council meeting campaign for 10-4-1, which supporters called "Vote Yes for Dallas". defend the 8-3 system; 10-4-1 was only a side issue."The were ham- The campaign's finance and fundraising committee was headed by pered by an unintended result of the Dallas Together and charter Buddy Kemp, chairman of NCNB — coincidentally a depositor for review process — an apparent change in attitude among city officials municipal funds. Campaign organizers expected to spend as much as as regards the 8-3 system, the, system they were charged to defend. $200,000 to convince Dallas citizens to vote for 10-4-1. Depositions taken for the lawsuit in September' 1988, showed that The plan's proponents steadfastly maintained that 10-4-1 was a six of eight council members supported the 8-3 system. A year later, "compromise," and that it would result in the election of more people during the hearings, nine council members out of eleven who testified of color to the council while avoiding "ward politics." But even un- during the trial or by deposition in September of 1989 rejected 8-3, der their best case scenario, the plan would have provided lower believing it was "unfair" or no longer useful for other reasons. representation than under the continued 8-3 system with lines redrawn On March 28, 1990, Judge Buchmeyer rendered his opinion. The to create a third black district — 26.67 percent under 10-4-1 versus 248-page document is a scathing indictment of the at-large system, 27.2 percent under 8-3. Neither scenario was equitable in a city which especially as it was implemented in Dallas. It details the history of can no longer use the term "minority" to describe any racial group racism and voting, beginning with a section entitled "1856-1969: but Anglos, who make up under 48 percent of the population of Dallas. Century of Exclusion": "The discrimination against blacks and Following the protest of June 28, supporters of single-member Mexican-Americans — during most of this period — was intentional, districts immediately formed "Dallas Citizens for Democracy" (DCD) open and even official," Buchmeyer wrote. "Shameful as it now and mapped out strategies to confront the well-funded "Vote Yes" seems, until 1968 the Dallas city charter contained a 'Segregation of campaign. When a press conference was held in July to announce the Races' section which authorized the Council to segregate the City the establishment of the "Vote Yes for Dallas" campaign, members into totally separate areas for white and for the 'colored races.'" of DCD stood across from press conference participants carrying signs "Century of Exclusion" is followed by "The Decade of Permis- saying, "No on 10-4-1" and "Democracy Now." On July 12, DCD sion by the CCA [Citizens Charter Association] (1968-77)." During members conducted an hour-long silent protest at council chambers. this period, the CCA — a slating group controlled by the white es- Each person stepped to the mike, gave her/his name and address, tablishment — hand-picked all candidates elected to the City Council. then covered her/his mouth with masking tape; the silence was In 1969, the Association struck a bargain with the African-American deafening. And on July 15, more than 200 people marched to the community in turn for its support for CCA-endorsed candidates. Kennedy Memorial in downtown Dallas against the 10-4-1 proposal. Under the bargain, the council would increase from 9 to 11 members In subsequent protests DCD members chained themselves together, and the additional seats would be reserved for people of color. marched into council with flags, sent letters to the Justice Depart- The historical section ends with "15 Years Under the 8-3 System ment and put bags over their heads during council meetings. They (1975-90)." In Dallas, each step toward a more equitable election of relied, as well, on registering voters, participating in forums and candidates has required lawsuits. The first, Lipscomb v. Wise (1975), getting out the vote on election day. brought by Al Lipscomb some 10 years before his election to the With a well-financed campaign behind it and overwhelming North City Council, resulted in a conversion of Dallas' all-at-large system Dallas support, the 10-4-1 plan won 67 percent of the vote. West and to the 8-3 system_ South Dallas precincts, majority Latino and African-American areas, Proponents of the 8-3 and 10-4-1 plans who testified during the voted heavily against 10-4-1. hearings maintained that a "viable" African-American or Latina/o In August, the Ledbetter Neighborhood Association, a Latino would be able to run at-large and win; the same would be true of the community organization, joined the lawsuit as plaintiff-intervenors. "super-districts" created under 10-4-1. Historically, people of color On the eve of the hearings on the lawsuit, Betsy Julian, attorney for occupied at-large seats only at the pleasure of the white establish- the plaintiffs, called 10-4-1 an effort to head off the legal challenge ment. When the CCA endorsed African-American and Latina/o and a "last minute peacekeeping concession." The struggle moved to candidates, no viable white candidates ran due to CCA pressure. the courts. Money was also made available to CCA candidates. On September 5, attorneys for the City of Dallas went to trial to After the CCA disbanded, only one person of color won at-large:

THE TEXAS OBSERVER • 7 Al Gonzalez in 1987. The plaintiffs maintained that then-Mayor Nevertheless, city officials, including Mayor Annette Strauss, and Starke Taylor met with leaders in the Latino community, telling them other establishment political leaders pulled together another cam- "that he would agree `to. do everything he could' to see that [a] His- paign, this time to sell voters on the 14-1 system. Compared to "Vote panic candidate won, including helping the candidate get financial Yes for Dallas," "14-1 for Dallas" was severely hampered by lack of backing and votes from North Dallas." According to testimony, he funds — there was no money for radio and television advertising. made the offer, "because 'he felt strongly that the Hispanic commu- But former Dallas Cowboy quarterback Roger Staubach came out in nity was going to sue the City.'" No other "viable" candidates chal- support of it, as did most of the city's Chambers of Commerce, along lenged Gonzalez. with a diverse group of religious leaders and progressives. The strongest evidence that a "qualified" candidate of color could Among those lining up against 14-1 were Pat Cotton and Tom not be elected at-large without the blessings of the powers-that-be Pauken. Cotton was a Republican political consultant who worked was the candidacy of Marvin Robinson, the "consensus black can- for Clayton Williams during the governor's race. Pauken — a per- didate" who ran in 1983 for Place 9. Robinson raised only $30,739, petual Republican candidate, former intelligence officer, and direc- far below the $200,000-$250,000 necessary to run at-large. North tor of ACTION under Ronald Reagan — was the most vocal of the Dallas money was unavailable. His opponent, Jerry Rucker, raised two. Their campaign was called, "Just Say No! to 14-1." and spent over $160,000. Rucker won with 68 percent of the vote. Proponents of 14-1 often accused the opponents of race-baiting, Only 11 percent of the white vote in the runoff went to Robinson, in an accusation they vehemently denied. But Pauken, in his regular spite of his garnering over 90 percent of the black vote. Dallas Times Herald column, wrote: "For the first time in our city Based on these and other considerations, Judge Buchmeyer ruled elections, a racial quota system would be imposed [under 141]." At that the 8-3 system violated Section 3 of the Voting Rights Act and forums, Pauken often pointed out that, under the settlement, Al ordered a special Council election "to remedy the adverse effects of Lipscomb and Diane Ragsdale 'would be entitled to an additional the 8-3 system." Judge Buchmeyer's opinion included many reser- term of office. (Dallas limits council members to three consecutive vations about 10-4-1 and attributed some of the same conditions to it terms; the settlement would have extended the limit to four.) as found under 8-3. What Pauken neglected to mention was that white council members The ruling derailed the city's plans to proceed with implementing Lori Palmer and John Evans were also entitled to an additional term 10-4-1. A series of settlement discussions and proposals to appeal under the settlement. (Pauken, who tried unsuccessfully to translate the case were discussed in Council. On August 10, an agreement was his opposition to 14-1 into a seat in Congress last fall, did not return reached to put the 14-1 plan to voters with an election date of De- repeated calls made to him to respond to these allegations.) Some cember 5. Vote No! supporters were less subtle. A man at a community meet- Mercedes Olivera, a columnist for the Dallas Morning News, wrote: ing said that Dallas was better off when minorities were not involved "Holding an at-large election to decide whether to have at-large seats in government. is paradoxical. The election results tend to be predictable." See Dallas page 13

• •■■ ASSASSIN A TION

•—•" •■•• SYMPO S IUM 0.1)

0--

or/ ;or ON JOHN F. K ENNEDY rm.

Thursday — Saturday November 14 — 16, 1991 The Hyatt Regency at Reunion Square Dallas, Texas •■•■0 ro•

• 4 for On November 22, 1963, President John F. Kennedy was assassinated as his limousine and motorcade drove • • • or roo through Dealey Plaza in downtown Dallas. Twenty-eight years later, a symposium dedicated to discussing this event will convene at the Hyatt Regency Hotel in Reunion Square, blocks away from the assassination site. dr, r•-• Oro •-■ . ASK will feature seven panel discussions concerning various aspects of the Kennedy shooting. Some of the 4 authors, experts and eyewitnesses who will serve as panelists include Dr. Charles Crenshaw, John Davis, Bob Dorff, George Michael Evica, Mary Ferrell, Robert Groden, Larry Harris, Ed Hoffman, Mark Lane, David 2 Lifton, Jim Marrs, Jim Moore, Paul O'Connor, Beverly Oliver, Jim Olivier, Aubrey Rike, Dr. Jerry Rose, J. Gary Shaw, Malcolm Summers, Dave Tucker, Dr. Cyril H. Wecht, and Jack White.

Registration cost for ASK is $100 before November 1 and $125 walkup. To register, send name and address along with payment to ASK, Box 4999, Austin, TX, 78765 (Fax 512/471-0754).Visa, MC and American Express accepted. To receive more information and a registration brochure, call 512/445-8390.

ASK is co-sponsored by the JFK Assassination Information Center, a 3,000 square foot museum and research facility located in Dallas' West End Market District, and The Texas Observer, a thirty-six-year-old biweekly journal of Texas politics and culture.

8 • OCTOBER 18, 1991 Burning Issue Citizens question new toxic waste rules

BY JAMES CULLEN

TENT CITY" WAS set up outside the Texas Water Commission's headquarters in Austin late last month to pro- A test the scheduled expiration of a moratorium on new toxic waste disposal permits. Midlothian residents who set up the tent city were protesting plans to expand two cement kilns that burn hazardous waste 25 miles southwest of Dallas. The Water Commission gave the demonstrators little comfort Oct. 2 when it replaced the moratorium with new rules that prohibit haz- ardous waste incinerators within a half-mile of homes, schools, churches, day-care centers, parks and water supplies. The new rules, enabled by legislation passed this spring, require companies seeking a permit to burn hazardous waste to prove they have enough money to build the plant and operate it responsibly. The commission also for the first time will consider a company's compliance record in determining whether to approve a permit. Despite the tougher rules, environmentalists warned that concerned neighbors should not relax their vigilance, even as Gov. Ann Richards' appointees take over the Texas Water Commission. The Legislature, VIC HINTERIANG as part of Senate Bill 1099, passed this spring, ordered the 120-day moratorium on hazardous waste incinerator permits while the com- Environmentalists protest at Texas Water Commission mission drew up the regulations. The law and the new rules that watershed, and had ties with developers such as Gary Bradley, who resulted from itrepresented a compromise after Richards in February has opposed the Austin environmental community in the debate over proposed a two-year moratorium on issuing new permits. She later strengthening the city's comprehensive watershed ordinance, as the embraced the legislation as the best version that could win legisla- Lone Star Chapter, Sierra Club, noted in its. State Capitol Report. tive approval, although some environmentalists argued it did not go Ken Kramer of the Sierra Club said environmentalists were disap- far enough. pointed with Reed mainly because there appeared to be more quali- The Water Commission's action clears the way for action on 13 fied candidates, both in Austin and elsewhere in the state. "It just permit applications that were pending. While those permits.will re- seemed rather odd, in contrast with some of the governor's other sume their way through the agency toward a final decision, environ- appointments," he said. He added, "I expect that Pam Reed will pretty mentalists were hopeful the commission would hold them to tougher much follow Chairman Hall's direction on hazardous waste disposal." standards. New TWC Chairman John Hall said the commission will Rick Abraham of Texans United, a Houston-based grassroots en- not "rubber stamp" applications, but will make a careful review. "We vironmental coalition that helped organize the tent city, also criti- may actually turn some down," he said. cized Reed's appointment. "We were very disappointed in that [Reed] Jim Blackburn, a Houston attorney for environmental groups appointment. She's a woman who may be very nice, but who knows challenging several of the permits, said the moratorium and new rules very little about the environment, and we don't think the Water are a significant improvement. "Before the moratorium there was a Commission should be a training ground for commissioners," he said. business-as-usual view of hazardous waste permitting," he said. "I The governor's press aide, Bill Cryer, said Richards selected Reed think for the first time we now have what I would call a level playing for the seat, vacated by the death of John Birdwell, because she was field with regard to environmental permitting. I feel like with the the best person available for the job, despite the criticism of some appointments Governor Richards has made, I have a chance to con- Austin-based environmentalists. "I think the Pam Reed controversy vince Chairman Hall, new Commissioner Reed and even [Commis- here in Austin was probably beneficial, because I think it suggested sioner] Buck [Wynne, the lone holdover from Republican Gov. Bill to Pam Reed what the concerns are in the environmental commu- Clements] that a bad site ought not to be permitted." nity," he said. The prospect for a transformation under Richards of the Water Reed said she is "not an ecoterrorist, but I am an environmental- Commission, which oversees a wide range of environmental pro- ist" who supported environmental concerns on the Travis County grams in the state, is the main cause for hope, but not all environ- Commissioners Court, including the decision to complete the con- mentalists were happy over the appointment of Pam. Reed, a Travis troversial Southwest Parkway through the Barton Creek watershed County commissioner, to the commission. Reed joins chairman Hall rather than leave it half-built. "The main criticism I have heard was as the second Austin resident on the three-member commission, but that I didn't know anything about water law. Of course that has never Austin environmentalists demonstrated against Reed a week before been a requisite for being water commissioner," she said. Reed said her appointment, when news leaked out that she was being consid- she planned to follow the direction of chairman Hall and she would ered for the post. rely on the staff to provide technical expertise. "If you can't rely on As a county commissioner, Reed approved road construction the staff, they shouldn't be there," she said. projects in environmentally sensitive areas such as the Barton Creek Hall said he expects Reed to support him on the commission. "I THE TEXAS OBSERVER • 9 know she feels very strongly that the agency needs to be responsive In the meantime, he said, "We're going to go to work protecting to everybody, and that we have to be careful about issuing hazardous ourselves. You can't sit back and wait for the Legislature to pass waste permits because there is a lot at stake," he said. laws or trust that the Texas Water Commission will make the right For the governor's part, Cryer acknowledged the moratorium was judgment calls. Communities have to get involved and have to go to not perfect and was scaled down from the two years Richards origi- the polluting companies and deal with them directly, and ask for nally proposed. "What we did get accomplished was a long way from improvements and changes and protection." where we started," he said. "We think it didn't go far enough, but In some cases, he said, the coalition's negotiations with compa- there's no question ... it's much farther along the path from where nies have led to increased testing and monitoring by citizen groups we started." and other voluntary pollution ,controls by the plant. Abraham acknowledged that environmentalists at least have an The "down side" to that strategy, he said, is that some companies opportunity to be heard, which he said is an improvement. "It looks "are getting wise and appointing their own citizen advisory commit- like we have a good commissioner, we have a bad commissioner and tees. "I think companies are probably being a little more responsive, we have one we don't know anything about." but they're being dragged kicking and screaming into doing so," he He was less impressed with the moratorium, which he called said. "They want better relations with the community and they don't "summer vacation for the industry." For example, he said, the new want to fight us every turn down the road, and I think the message rules will not stop American Envirotech's application for an incin- was that we were willing to do that," he said. erator in Channelview, near Houston, although it was one of the sites Hall said he hopes a reorganization of the agencywill improve its Richards visited in her campaign this past fall that led her to call for public response. "We're going to be tougher," he said. "We're not the moratorium. The new rules also will not stop the burning of haz- going to rubber stamp these things in the future. We may actually ardous waste in cement kilns, he said. "The bottom line is they didn't turn some down." "We're going to make our decisions more effi- adequately deal with our hazardous waste problem," he said. ciently," he added. "Right now it takes us too long to approve or But Abraham acknowledges that things are getting better. "We deny. The faster we make a decision, the better, even if it is a rejec- certainly have access to the commissioners where we didn't before," tion," he said. "One of the biggest problems we've got is the percep- he said. He noted that the commissioners and the agency's legal staff tion that we've been totally controlled and totally responsive to the met with representatives of the Midlothian group. "We thank Com- people we're supposed to regulate." missioner Hall and we are very hopeful we will be able to make the Lee Biggart, an Austin attorney for several hazardous waste dis- agency more responsive and put it back in the hands of the people," posal applicants, looks forward to proceeding with the permits. He he said. "Compared to where we've been with former governors, expects the commission to look favorably on plans that feature state- there's been a vast improvement. Compared to where we need to be of-the-art hazardous waste disposal methods. "I think we have a fair going, she needs to do much more and provide much stronger lead-. commission and I think John Hall is going to be a good chairman and ership. "We did object when the governor's moratorium bill passed, Pam Reed is going to be a good commissioner," he said. Most envi- and it was heralded as a 'home run' for the environment. We may ronmentalists have not changed their view of hazardous waste dis- have gotten to first base and we might even be on the way to second posal since he was on the commission more than eight years ago, he base, but certainly the home run has yet to be hit," he said. See Hazardous page 13 AIDIDET ZING FISHBONE "The Reality Of My Surroundings finnil! Vd[ico that sticks in your thrnitt,.. trent I 'irihtione. 1 Reality Lit My Surroundings' ceniplete serving of all their videos and more. ENERG !NG ALICE IN CHAINS "Live Facelift" Ri__pp open your VCR with tita !ET F "Live Facelift," featuring Alice captured (111rF;11, 11111,', thu Sf1M;;11 inderi , „ "Kie le The Box," "We Diu Ynurip, vi' and the new hit, "Sea Di Sorrow." . pirlinMir I 41 An TER R L4r Z ING PUBLIC ENEMY "Tour Of A Black Planet" witriuss thH "Apot:ulypse" as Public Fm my takes' you en :I of 1k Illenet"-the lieu/ hornfi video that proves the Lnerhy is epon us. (tD 1991 Sony Muw EntertaInninl Inc. FACE THE MUSIC. ON SONY MUSIC VIDEO. Conn. Game Another state's lottery offers sobering lessons for Texas BY MIKE THOMAS

"Gambling is actually the most regressive form of taxation that can be devised. It is designed to pick the pockets of the poor," — late Texas Congressman Wright Patman

Branford, Connecticut NE MORNING ON my way to work I pulled into one of those tiny gas and food stores. At $1.26 a gallon they seemed 0 to have the cheapest gas in all of New England. After filling up I walked into the cluttered little store and saw a girl behind the counter busily scratching with a coin at what looked like a football ticket. "What is that?" I asked. A little embarrassed, she explained that it was an instant lottery ticket. The ticket had "Classic Connecti- cut" printed across the front of it with a picture of the historic old statehouse building in Hartford. "I never win anything," she said. "I don't know why I keep playing, but there is another girl who works here and she won $1,000 once." "I just moved here from Texas," I MIKE THOMAS said. "Texas doesn't have a lottery. How much are those tickets?" Bushy Hill Market in Branford, Conn. — one of "One dollar," she said. I paid for my gas and left. about 2,600 lottery agents with an on-line system Connecticut has been running its state lottery for more than 18 Every outlet that sells lottery tickets is set up with an on-line com- years now. The Division of Special Revenue, which oversees all of puter terminal, which is hooked into the main lottery computer sys- the state's gambling operations, reports that the lottery has grossed tem and allows the state to keep track of when and where every ticket more than $4.1 billion since its inception. Approximately $1.7 bil- is sold and announce simultaneously to every distributor what the lion has been transferred to the state's treasury. But despite this "easy" winning numbers were. These computer systems are made by com- money, Connecticut faces a budget crisis even worse than the one in panies like G-tech of Rhode Island and Scientific Games, a subsid- Texas. Connecticut's projected budget deficit is over $3 billion. iary of Bally Manufacturing of Atlanta. It is no accident that these It's hard to find lottery tickets in the wealthier parts of Connecti- same companies are also the biggest lobbyists for the expansion of cut, but when you go out into the poorer areas then suddenly every lotteries into non-lottery states like Texas. Pro-lottery companies have little run-down gas station, liquor store and grocery mart has a sign hired some big-name political figures, such as former Lt. Gov. Ben in its window that proclaims, "Connecticut Lotto — You Can't Win Barnes and former state Sen. Kent Caperton, to press their case at the If You Don't Play." Of course, you can't lose either, and that is what Capitol. most lottery players do most of the time. According to Consumer- In 1977, Connecticut commissioned Mark Abrahamson, a sociol- Research magazine, lotteries have the lowest odds of winning of any ogy professor from the University of Connecticut, to study the state's form of gambling. State lottery officials report that the odds for win- gambling operations. Abrahamson's study found that most forms of ning something in the lottery are one in 30, but these are the odds for legalized gambling, including the lottery, were largely ignored by winning the smallest and most common prize of $3. A person who persons with college degrees and yearly incomes in excess of $25,000. plays the lottery on a regular basis will likely spend a $3 prize on Abrahamson concluded that Connecticut's state lottery "primarily more lottery tickets. To win the really big money, the odds are more attracts poor, long-term, unemployed and less-educated participants. like 13 million to one. Since most people can't make sense of odds It generates revenues in a regressive manner and should be discon- that high, lottery critics once tried to point out that by comparison tinued." the odds of a person being killed by a bolt of lightning are only 400,000 The study was not well-received at the state's lottery bureau, and to one. The lottery industry later made light of this information by John Winchester, the lottery director at the time, wrote a 25-page making a commercial in which an actor is struck by lightning right rebuttal that harshly criticized Abrahamson and his study, which was before winning the big jackpot. for the most part ignored by the state's legislature. A few years later Last April a man in South Windsor, Conn., won $3,600 in the lot- a new study was commissioned, this time to be carried out by Eco- tery. The local media went out to interview him as they do every nomics Research Associates of Los Angeles, a company which had person who wins a big lottery prize, but instead of finding the typical done many similar studies for other states with legalized gambling happy, giddy winner, they found that this man was bitter and angry. operations. That study whitewashed most of the concerns It seems that he had been playing the lottery for 10 years and he had brought out in Abrahamson's study. a habit of always throwing his losing lottery tickets into a crumpled paper bag. This was the first time he had ever won a substantial prize AMBLING IS STILL controversial in Connecticut, but not and out of curiosity he decided to go back and .see how many losing the lottery. The lottery has become matter-of-fact, commonplace and tickets he had collected. There were 10,000 of them. He said he felt ingrained into society. Lottery revenues long ago were absorbed into like a sucker. the state's bloated bureaucracy and now the state is hungry for more. The question of right or wrong has long been forgotten and the only Former Texan Mike Thomas is a writer who lives in Connecticut. issue now is how much money can be made. The state legislature

THE TEXAS OBSERVER • 11 wants to ban out-of-state lottery ticket sales for fear they will cut into sides promoting greed and selfishness, the ad implies that finding a the Connecticut lottery's gross sales. Several legislators are sponsor- winning ticket is very common. Nowhere in the ad are the odds dis- ing a bill that would allow a South Carolina-based company to set up played. A survey conducted by Clotfelter and Cook found that only video slot machines across the state with the assurance that the state 12 percent of lottery radio and TV ads reveal the true odds of win- will get a 33 percent cut estimated at $64 million per year. Several ning. The underlying message of the ad is that people who do not jai alai frontons are located around the state where people can bet on play the lottery are missing out and therefore are behaving foolishly. games. One in Bridgeport isn't doing well, so its owners are seeking As a state's need for more revenues increases, the ads for lotteries permission to convert it into a dog race track. There also are several become more desperate. One Connecticut TV ad showed an elderly off-track betting parlors where people can go to bet on out-of-state gentleman explaining that he had won a million dollars by investing horse races and watch them on a large video screen. The biggest his money into lottery tickets rather than saving for his retirement. controversy has been over the efforts of the Pequot Indian tribe to An ad for the New York lottery showed a woman telling her daugh- build a gambling casino on their reservation in Ledyard. . ter she would not have to worry about getting a scholarship for school In 1989 Duke University economists Charles Clotfelter and Philip because Mom was going to win her college tuition money by playing the lottery. There was even a protest in a Chicago neighborhood when a billboard was put up urging the poor, black residents to get off of Washington Street and move up to Easy Street by playing the Illinois lottery. Without these advertising blitzes lottery sales tend to drop off sharply. Thus states that rely on lottery revenues find themselves trapped in a paradox pointed out by Clotfelter and Cook: "Here you have the same outfit that is trying to educate our children selling images and hyperbole rather than factual information and telling the public: 'Play your hunch, you could win a bunch.'" While the states might be desperate for the revenues lotteries can produce, the people Cook, in a book entitled Selling Hope, criticized the lottery as an on whom they prey are often even more desperate, down to the inefficient way to raise revenue. They pointed out that while tradi- homeless people who collect and sell bottles and cans to make tional taxes cost only one or two pennies per dollar to collect, lotter- money to purchase lottery tickets. ies can cost up to 75 cents per dollar of revenue raised. For each dollar spent on a lottery* ticket, 40-50 percent goes to prizes while AST YEAR, CONNECTICUT'S lottery produced a record 10-25 percent goes to administrative costs, vendors' fees, advertis- $525 million. Sales are down slightly for this year, which a state ing and promotional campaigns. gambling official blamed on the recession. "The average person who Lottery proponents argue that the lottery is a form of entertain- plays our lotto products is a blue-collar worker," said Bruce Cowen, ment and not a tax, and therefore should not be judged on that basis. chairman of the state Gaming Policy Board, in a recent newspaper However, state governments usually begin to rely on lottery revenues interview. "When they're collecting unemployment checks it's a little as a substitute for other forms of taxation and thus its fair- tougher to get people to buy lottery tickets." But he predicted another ness and efficiency as a tax merits serious attention. record-setting year in 1991. People who believe the lottery is the best way for Texas to solve HE BIGGEST PROBLEM WITH the lottery from the state's its budget problems and avoid an income tax should take a close point of view is that people tend to lose interest in it after a while. look at Connecticut. Here you have a state suffering through one of They require constant prodding by slick advertisements and promo- the worst recessions in years, struggling to pay off the biggest bud- tional campaigns to continuously support the lottery at the level re- get deficit in the state's history at the same time the lottery is raking quired to keep it profitable. This means that the state cannot simply in more money than ever. But it has not helped the state avoid a make the lottery available to people who would be likely to gamble major budget crisis. On Sept. 1, 1991, Connecticut began levying its anyway. Instead it must aggressively market the lottery to people first-ever personal income tax. who otherwise would not normally choose to gamble. Connecticut now spends more than $12 million on its lottery ads, and the figure VICTORY IN '92 continues to climb every year. The 33 states with lotteries as of 1990 were spending more than $600 million a year combined on lottery. SENATOR BOB KERREY won the Medal of Honor in Viet promotions. Nam, is a highly successful small businessman, was an ex- The state of Connecticut, like most states with lotteries, hires ma- tremely effective and very popular Democratic Governor of jor advertising and marketing firms to push its lottery. The same a Republican state, and is now a distinguished U.S. Senator people who normally sell soft drinks and laundry detergent become from Nebraska. In addition, he is a candidate for the Demo- pitchmen for the government. They know who their potential cus- cratic nomination for President, and is the man who can and tomers are and the ads are targeted accordingly. will win the White House in 1992 and bring some real A recent TV ad featured two elderly gentlemen sitting in a diner, leadership to America. drinking coffee. The first man has a pile of instant lottery tickets and We need your help. If you want to contribute or volun- is busy scratching them off while the second man acts uninterested. teer, contact: The first man then asks his friend if he plays and the second man Shelton Smith replies "no" with just a hint of disdain in his voice. So the first man Suite 830, Two Houston Center gives his friend one of the tickets from his pile, saying, "Here, try 909 Fannin, Houston, Texas 77010 one of these. It's the new Classic Connecticut Instant Game." The (713) 659-2727; (713) 659-2813 FAX second man scratches the ticket as the first man gets excited and Paid for by Kerrey for President, Hugh Westbrook, Treasurer, says, "See there, we have a winner!" The second man replies, "What 1511 K Street N.W, #640, Washington, D.C. 20005 do you mean, `we?"' as he tucks the ticket into his shirt pocket. Be-

12 • OCTOBER 18, 1991 with the Act — noted that the quadrant component/regional districts Dallas of 10-4-1 were the functional equivalents of at-large council posi- Continued from page 8 tions found by the court to be racially discriminatory. "[T]he city has Opponents of 14-1 concentrated on two themes: (1) that voters not demonstrated that the proposal now before us provides black and had already approved 10-4-1 and their will was being circumvented Hispanic voters with a realistic opportunity to elect candidates of and (2) that plaintiff's attorneys would be entitled to compensation if their choice to the City Council," their opinion read. the suit was settled instead of appealed. The Voting Rights Act pro- The election of Nov. 5, 1991, will be historic. For the first time, it vides for such compensation. is likely that five African Americans and two Latinos/Latinas will be On December 8, 14-1 lost by 372 votes. Ironically, more people elected. Only the mayor will be elected at-large. voted for 14-1 (45,252) than voted for 10-4-1 (41,451) the year before. The struggle is not over. Despite two requests by the city of Dallas In spite of this and strong objections from the Council's two Afri- to drop the appeal, it is still pending before the U.S. Fifth Circuit can-American members, the City Council voted to pursue an appeal Court of Appeals, possibly for political reasons. And those accus- to the U.S. Fifth Circuit Court. tomed to holding power have not thrown in the towel. It is expected The matter was finally put to rest by the Justice Department. On that the battle will move to the districts, where progressive minorities May 6, 1991, it released its opinion on 10-4-1. "We note that the may face heavily funded candidates supported by the traditional power City has acknowledged that there was virtually no minority input in brokers. the development and selection of any of the redistricting proposals Despite these concerns, progressives in Dallas are optimistic. Af- submitted for our review." The department — which determines if ter all, the duck is dead. Long live the duck. states covered by the Voting Rights Act, including Texas, comply Hazardous and draft permit status for the new injection well permit. In addition to Hall's promise to treat hazardous waste permit ap- Continued frompage 10 plications seriously, the commission has approved an agency reor- ganization and a new set of initiatives to improve the response to said. "When . I was on the Water Commission, a great hazardous waste facility was one with a three-foot clay liner. We're light years ahead public concerns that includes a five-year plan aimed at reducing the of that. Now you're burning it up at 99.99 [percent]," he said. Get- generation of hazardous and toxic waste by 50 percent in 1995 and ting opponents to believe that, however, wAs another matter, he said. by 70 percent in the year 2000. "They don't really believe in technology. They don't really believe If environmentalists questioned Reed's credentials, they generally you can destroy things to 99.99 [percent], but if you've got a permit, were pleased with Richards' appointments to the Texas Air Control you've got to or they'll shut you down," he said. Board, also announced recently. Pending permit applications and their status include: Kirk Watson, an Austin lawyer, was selected to fill the seat re- • American Envirotech's application to build an incinerator in served for a publiC member and will serve as chairman of. the nine- Channelview, in east Harris County, which is in public hearing sta member board. Watson, a member of the executive committee of the tus; Texas Consumer Association and a member of the Sierra Club, re- • Chemical Waste Management, which is seeking renewal and places. John Blair of Kountze. Dr. Suzanne Ahn of Dallas, will fill amendments to permits for storage and processing of hazardous waste, the board seat reserved for a physician. Ahn, a member of the Texas including an incinerator and an injection well near Port Arthur. The Board of Medical Examiners from 1983-89, replaced Dr. Marcus applications for the plants, which already are built and in operation, Key of Houston. Jack Matson, an associate professor of civil and are undergoing administrative and technical review. environmental engineering at the University of Houston, will fill the • Disposal System Inc., which is seeking interim status for a stor- seat reserved for an engineer. He serves on the Galveston Bay Foun- age and processing, fuel blending 'and injection well at Deer Park, is dation and the Bayou Preservation Association. He replaced Dick in the public notice stage. Whittington of Lockhart. • Empak, which is seeking interim status for a storage and process- While their terms are for six years, the Air Control Board is sched- ing and fuel blending well at Deer Park, is in the draft permit stage. uled to be eliminated in September 1993 when the air agency is • Hunter Industrial Facilities Inc., which is seeking a permit for merged with the Water Commission into a new Texas Department of salt dome storage injection wells in Dayton, near Lake Houston, is in Natural Resources with the old Water Commission becoming the public hearing status, although the commission is studying the need new policymaking Texas Natural Resources Conservation Commis- for separate rules for salt dome injection wells. sion. But the Air Control Board will make major decisions in the • IWM Inc., seeking a permit for storage, processing and injection next two years in the implementation of the federal Clean Air Act wells near Fort Stockton, is in technical review. Amendments in Texas. ❑ • Loving County Disposal, seeking a permit for storage and pro- cessing and injection well near Mentone, is awaiting a hearing. • North Texas Cement Co., seeking interim status for a storage and Sierra Club Sponsors processing and cement kiln near Midlothian, is undergoing technical Wetlands Workshop in Austin review. • Systech Environment Corp., seeking a storage and processing The Sierra Club is sponsoring a Regional Wet- and cement kiln permit near New Braunfels, is in draft permit status. • Texas Industries Inc., seeking a storage and processing and ce- lands Workshop Nov. 9 designed for "wetlands ment kiln permit near Midlothian, is in technical review. activists and wannabes" and will feature how-to • Turnpoint Engineering Inc., seeking an incinerator and research and who-to materials. The workshop, to be held and development permit near San Antonio, is in draft permit status. in Austin, will last all day. • Wastewater Inc., seeking a storage and injection well permit near For information call (512) 477-1729. Guy, is in technical review of interim status for the storage permit

THE TEXAS OBSERVER • 13 A public service message from the American Income Life Insurance Co. — Waco, Texas — Bernard Rapoport, Chairman of the Board and Chief Executive Officer (Advertisement) The Spirit of X By Bernard Rapoport For the next few minutes, I want to walk down memory pull out a package of cigarettes ,made in a non-union lane with you. Perhaps some of the scenes to which I factory and another member would grab the pack and will allude are as poignant in your memory as there are tear it up. It signified an indignation on the part of the in mine. This business of remembering brings to mind member doing the tearing up that the one who carried the story of a 74-year-old man who went to the pro in the Camels was injuring all members in the union move- the golf shop and said, "I want to be a caddie." The pro ment. There was that spirit of X. I am reminded of that looked at him and said, "In order to be a caddie, you wonderful analogy of Tolstoy's War and Peace where have to have good eyesight and know where the ball is. he talks about the spirit of X and pictures it in this way. That is probably as important as carrying the clubs." When the French army met the Russian army in Austria, The old gentleman looked at the pro and said, "Let me it was soundly and totally defeated. These same armies tell you something, I have 20-20 eyesight." The pro said, met a few years later in Russia. Yes, the same armies, "Let's go out to the tee and I will hit the ball and we will but the result was just the opposite. The Russians see." The pro hit the ball about 250 yards, turned to the soundly defeated the French and Tolstoy poses the old gentleman, "Well, did you see it?" The old man re- question, "How did this happen?" The same armies, plied, "I saw it perfectly." Then the pro said, "Well, where different time, different victors and he calls that the spirit is it?" The response was, "I can't remember." of X. It is indefinable but it is what is required for the Well, I hope my memory is better than that. Today, success of any venture or movement. we worry about inflation and with good reason. One pro- What it really means is that the individual thinks first posed solution it seems is unemployment. Remember about the movement, in this case her or his union, and when unemployment was a problem and not a solution? in so doing is, in fact, benefiting themselves. Remember when for years and year, the standard of What is the major ingredient in the spirit of X? For the living of the American worker increased each year and Russians, it was an understanding that individually they productivity also increased, when better tools were put were free to do what they wanted to do when they into the hands of the workers. Some say those were the wanted to do it. But if they were imbued with the spirit good ol' days. I say and I know you agree — if the good of X, while they recognized this freedom, they pos- of days aren't tomorrow, there is something terribly sessed a mature understanding they were fighting for wrong in our economic system and what is wrong is their homeland and because of the spirit of X, they freely going to need a lot more patchwork than any politician gave up their so-called freedom and had to impose upon is currently proposing. Remember when we were not themselves a discipline which enabled the Austrian ex- willing to settle for less; yes, we wanted more. The Japa- perience to be reversed. So it is with those of us who nese workers want more, the German workers want are concerned with the amelioration or betterment of more and they get more, all because they have better the labor movement. Every union member is free to tools put into their hands so they can produce more. vote for whomever she or he wants in an election, but You know and I know there are no better workers — truly for those union members imbued with the spirit of this isn't just bravado — than Americans. The question X, they would not give themselves the freedom to vote, is posed, "What is necessary for dramatic growth of the for example, for Ronald Reagan. The spirit of X does labor movement?" I don't purport to know the answer, require a limitation of our individual choices so secu- but I know one thing — there is an old saying, "To thine larly or in the long run, we all can enjoy a better life. own self be true." Perhaps within that wisdom may lie Then we can experience the wisdom that results when the problem. The working people of our nation do not "to thine own self be true." have the appreciation they should of what they contrib- Take, for example, you want to purchase a new car ute and the worth of what it is they do. so you start looking. For a moment, you decide you will In this increasingly materialistic world in which we live, buy a Japanese car and you are free to do that. But for it almost is a tritism to remember the old slogan, "One a union member imbued with the spirit of X, she or he for all and all for one." I remember so vividly several feels this limitation on individual choice and says, "If I pictures my father had on the wall when I was growing do that, I might deprive some UAW member of a job." up. One was of a great labor leader behind bars exhort- The spirit of X requires an understanding that there are ing his comrades to keep up the fight and pointing to 17 or 18 million union members involving perhaps 65, himself and saying, "I am in here so you can be out 70 or 75 million people. Any group of 75 million people there." I wonder how long it has been since any of us imbued with the spirit of X is absolutely, positively an have attended a union meeting where someone would unrestrainable force.

14 • OCTOBER 18, 1991 In his book, Sleepwalking Through History, Haynes growing gross national product. We worry about crime Johnson quoting David Stockman about an individual and we should. I don't purport to be an economist, but I who was an advocate of a failed supply theory eco- will tell you if all the funds the 50 states are allocating nomics thusly, "Overturning an existing order starts with for building new prisons were allocated to the retraining one person and an idea and an idea persuades a sec- of unemployed workers, I suspect the need for new ond person and a third and a fourth, etc." prisons would be substantially diminished and the gross Again you ask the question, "What is the matter? Why national product of the nation would be infinitely are things as they are? Why do we seem to be in a increased. state of retrogression?" There is a simple answer. I be- We are a nation who espouses a commitment to the lieve we have been numbed to the extent that when work ethic. Our leaders keep reminding us of this. It is the politician says, "We can't afford it, where is the as if they are saying, "Read my lips, we are committed money coming from?" it totally precludes further dis- to the work ethic." Then they permit increasing unem- cussion and/or debate. With a gross national product ployment and their lips remain sealed. There is nothing in the trillions, shouldn't it occur to someone in political to read. Meanwhile, there is a suffering of those who power that we might review how we might reallocate want to work and can't find employment. our resources to produce a society that is growing and I consider this a real privilege to be able to talk with is more sensitive to the needs of its citizenry? What we you and share these ideas. I want to bring up another can't afford, it seems to me, is the poverty which exists point which could be misunderstood, but I trust you and in our nation; the plant closings, the layoffs, and the I feel you trust me. Therefore, let me toss it up in the air inadequate health care that plagues so many of our and see how it sets with you. citizens. These problems remain unaddressed all be- I believe that people who are committed to single-is- caus6 the debate is closed with the simple statement, sue politics are doing more to damage the labor "Where is the money coming from?" movement in our society than any other single thing Let me point out and I want to do it as forcefully as I going on in society today. I respect anyone with a point can. Perhaps most of you are too young to remember, of view, whether you are a right-to-lifer, or a free-choicer but for those of you are not, the most important social or for or against gun control, or even civil rights. (Let me legislation ever passed in this nation was enacted when tell you as I say that I take a back seat to no person in the nation could not afford it (at least it would so be that commitment, having come from a minority myself.) considered today). Yes, unemployment compensation Before you draw a. conclusion, let me make my point. is not an old concept; it is relatively new. It is not even Whether it is civil rights or what-have-you, if you don't 70 years old. Fair employment practices, the Wagner have some money in your pocket or a good job, every- Act, social security were programs we absolutely posi- thing else becomes unimportant. We need substantially tively couldn't afford, but we did. This nation is infinitely more progress in bettering the conditions of women, race better off because we did. The labor movement was relations, etc. That is without question, but first we have the leading force that promoted this kind of legislation. to solve the economic problems. We have to make These ideas were further out than one I am going to certain that new babies are going to be well-fed, that suggest to you today. If our society does not have a we provide a proper education for every single Ameri- better answer to solving economic crisis than unem- can child, that we break up the ghettos because we all ployment, then there are institutional restructurings that know that today's ghetto ensures a larger ghetto must begin not tomorrow, but today. What is intoler- tomorrow. able is something that future generations must not be We understand all these things, but we have to ad- able to remember! That is, the future workers should dress the major problem facing our nation. That prob- not be in a posture where they cannot look forward to lem is a decent and dignified job with decent pay. I am an increasing standard of living year after year. It is not saying to lessen your concern for whatever special unacceptable for workers who are earning $15, $18 and interest you might have; that is your right; but how about $20 an hour to have as their only option employment all of us putting those single-issue situations on the back where their hourly wage is one-third or one-half that burner and coming together in a spirit of X to demand rate. from our politicians that they quit worrying about ethics I would propose that government be the employer of reform and act in an ethical manner and address this last resort. Oldtimers will remember PWA and WPA. problem of making it possible for Americans to have the Many of the great bridges and much of the infrastruc- dignity of which they are so deserving. Let's band ture of our nation was built by these workers. together with a oneness and unity of spirit in which we Government should be the employer of last resort. That, say to our leaders, "If you do not want to lead us, we are my friends, is an idea whose time has come! Yes, my going to lead you." Don't doubt for a moment, my dear friends, a president who came into office in 1980 said, friends, that we can do it. More importantly, we must! "Government is the problem." He had it backwards; gov- ernment is the solution. Those societies where growth These remarks were originally delivered to the Ameri- is the rule, such as in Japan and Germany, govern- can Flint Glass Workers Union on June 4, 1991, in Hol- ment acts as a catalyst to produce a society with a lywood, Fla.

THE TEXAS OBSERVER • 15 LAS AMERICAS

Irregularities Mark Latest Elections in Mexico ..„.11114

For the second time in as many months, mass protests against electoral fraud have compelled Mexican president Carlos Salinas de Gortari to instruct a newly "elected" governor to step down. Last month it was Ramon Aguirre in Guanajuato, followed two weeks ago by Fausto Zapata in San Luis Potosi. Both belong to Salinas' Institutional Revolutionary Party (PRI), which has ruled Mexico singlehandedly for more than half a century. Despite the ongoing protests and forced resignations, however, President Salinas con- tinues to insist that the country's midterm elections were clean, and he challenges the opposition to prove otherwise. The president's challenge is something of a Catch-22, since under so-called reform legislation he himself sponsored, the PRI enjoys undisputed control of all election commissions. Not only does the PATRICIA MOORE PRI use this control to tilt the playing field in Crowds gather in front of Governor's Palace to protest election its favor; it then denies the opposition access irregularities, San Luis Potosi, Mexico to the electoral information it would need to PAN poll watchers were in fact absent. Even ing the final tally to appear normal. Sixty such challenge alleged fraud. The Federal Electoral so, the absence of any sign of physical tam- precincts raised the total in which the number Institute has yet to disclose poll-by-poll results pering or intimidation contributed to a gen- of votes cast exceeded the number of regis- for last August's elections, as requested by the eral impression that the authorities had decided tered voters to 123. opposition. to play this particular election cleanly. Further perusal of the results uncovered As an observer of last summer's elections, In August, on my way to observe the elec- other oddities. In another 43 precincts, un- I experienced firsthand the extent of apparent tions in Guanajuato, I returned to Monterrey. usually large numbers of ballots had been an- PRI manipulation of the electoral process. In In that city, three independent legislators nulled. Normally, ballots are annulled only, July, at the invitation of independent members provided me with two blue volumes, one when voters leave them blank, select two or of the Congress of Nuevo Leon, I traveled to containing the official results of the July 7 more parties, or otherwise fail to make their Monterrey for the July 7 gubernatorial and gubernatorial contest, the other of the con- choice clear. Since such mistakes are infre- state congressional elections. As in the subse- gressional contest. I did not expect to find quent, legitimate annulments seldom exceed quent August elections, those in President anything striking, since I assumed the state 5 percent. Yet in the precincts in question, Salinas' home state of Nuevo Leon were un- electoral commission, securely in the hands annulments exceeded 10 percent, and typically usually tranquil, with few outward signs of of the PRI, would have thoroughly cleansed ranged between 20 and 60 percent. In precinct irregularities. Yet in an inspection tour of 20 the results of irregularities. Turning to a page 10-169 in San Nicolas, for instance, 448 of precincts distributed throughout metropolitan at random, I immediately discovered other- 1,003 votes cast (45 percent) were, later an- Monterrey I encountered serious structural wise. nulled, leaving the PRI with a 449 to 106 ad- biases, reflecting an electoral system run by a I was soon classifying several patterns of vantage. single political party. irregularities, each suggesting a distinct form The pattern was repeated in neighboring In each location visited, both the president of possible fraud. Most obvious were the pre- precincts 10-168 (109 ballots annulled; PRI wins and secretary turned out to be members of the cincts in which the number of votes cast ex- 396 to 97) and 10-170 (484 ballots annulled; ruling Institutional Revolutionary Party (PRI). ceeded the number of registered voters. On PRI wins 367 to 102), in striking contrast to the Roughly one of every three polling stations first inspection, there were 63 of these in the PAN victory elsewhere in this metropolitan was located at the home of a PRI member. governor's race alone. Yet on closer exami- Monterrey municipality. In rural Nuevo Leon, Nowhere could one mark a ballot with the as- nation I found others that had been concealed the PRI produced its by-now-classic shut-outs, surance of not being observed. On a tip that by massive annulment of ballots. claiming 100 percent of the vote in 56 precincts. the PRI was bribing opposition National Ac- In precinct 3-124 of Monterrey, for example, Typically, the vote distribution actually peaked tion Party (PAN) poll watchers to stay home, 931 ballots were cast for governor where only at 100 percent, as in district 26, where 17 of 70 I visited four locations from a list containing 872 persons were registered. But the authori- precincts registered 100 percent for the PRI; 11 the supposed targets: in two of the four, the ties annulled 475 ballots (51 percent), allow- registered 99 percent; eight, 98 percent; five, 97

16 • OCTOBER 18, 1991 percent, and so on. Such patterns, characteristic of elections in Mexico and the pre-Gorbachev Soviet Union, are unheard of in genuine democracies (the Soviet Union at least had the excuse that no other parties were on the ballot). Yet no effort was made to spare President Salinas the po- tential embarrassment of having two shut-outs (poll 6-4, 124 to 0; poll 6-5, 123 to 0) in his country home of Agualeguas, just a stone's throw from the Texas border. Overall, some 360 of 2082 precincts turn up, in the official record, as having some combination of ap- parent illegal voting, suspicious annulment of ballots, and 95 percent or more of the vote going to the PRI (two or more of these com- monly occurring together). This may be only the tip of the iceberg. For every precinct in which the number of votes counted exceeded the number of registered voters, how many others may exist where less- obvious irregularities occurred? Poll 9-124 in Guadalupe, for example, does not look unusual in the official results: 509 votes cast out of PATRICIA MOORE 821 registered voters. Yet a reporter for Gubernatorial candidate Salvador Nava Martinez s addresses crowds at Monterrey's leading newspaper posted at its Governor's Palace, which had swelled to thousands by nightfall entrance counted only 315 persons entering to vote. almost identical pattern of irregularities. The who assumed a false French accent, told me, Only 50 of the seemingly tainted precincts political calculations behind the offer were "We know you speak French." What little I — those in which the number of votes exceeded obvious: Rizzo knew he could sacrifice 300 was able to decipher through the false accent the number of registered voters by more than precincts without endangering his election. as and mocking tone was that he had killed be- 10 percent — were annulled by the authorities. governor; yet such an alteration in the con- fore and would think nothing of killing again. But according to independent state legislators, gressional count could cost him control of a Though I have not in fact spoken French in an emissary of governor-elect Socrates Rizzo couple of seats in the state legislature. With years, I spent my first nine years in Geneva approached them with a curious offer just be- the PRI just one seat short of a two-thirds and Brussels, a fact likely to be known only fore the congress met as an electoral college to majority in Nuevo Leon, Rizzo's avarice sug- by persons with access to a file. Knowing that certify the results. If the independent legislators gests anything but a commitment to political the interior ministry routinely monitors, oppo- would agree to certify the election of Rizzo, pluralism. sition press conferences, I can only wonder making the decision unanimous, Rizzo would The independent legislators rejected Rizzo's whether the call might have been prompted consent to the annulment of 300 more precincts offer and voted against certification of the by my indiscretion in sharing the Nuevo Leon of their choosing. elections. It was not until the day after the vote, results with Vicente Fox. But there was a catch. The precincts were and weeks after the deadline for filing appeals, Later that morning — election day — an to be annulled only in the gubernatorial race, that deputies were provided with copies of the article on the first page of the state's leading even though the congressional results show an official results — containing the poll-by-poll newspaper reinforced that impression. Its lead tallies — upon which this report is based. sentence warned that "disguised as diplomats, On August 16 I flew to Leon, Guanajuato. journalists, political analysts, students, or The following day, at the conclusion of a press tourists, hundreds of CIA agents ... have been conference, I showed PAN gubernatorial infiltrated into Mexico to observe the elections candidate Vicente Fox the volume containing ... in one of the largest intelligence operations (TARP N INN) the gubernatorial results from Nuevo Leon, carried out in this country in the last fifty sharing my findings on the patterns of irregu- years." The article was published the same larities. Several were new to him, and, he said, morning in Mexico City, the other location "Best Lodging Location for reinforced his determination to challenge the most likely to be frequented by U.S. citizens Fisherman & Beachgoers" validity of the official precinct tally sheets, observing the elections. Group Discounts since fraud was evidently being incorporated Both its absurdity (for all his rhetoric about into many of the tally sheets themselves. electoral fraud in Panama, President Bush has Fox's staff later documented the same pat- found it convenient to ignore fraud in Mexico) (512) 749-5555 terns of fraud in Guanajuato, finding more than and its simultaneous publication in two unre- P.O. Box 8 500 precincts in which more votes were cast lated newspapers (A.M. and La Jornada) Port Aransas, TX 78373 than the number of registered voters and a suggest it may have been planted by the min- similar distribution of precincts with 100 per- istry of the interior in an effort to discourage Send for Free Gulf & Bay cent votes for the PRI in rural districts. international observation of the elections. If Fishing Information At 4 a.m. on the day of the elections, I re- so, it would highlight the interior minister's ceived a telephoned death threat. The caller, peculiar dual role as chief enforcer of internal THE TEXAS OBSERVER • 17 clean sweeps. As a result of my recent experi- ence, I can now better sympathize with the Salinas administration's reluctance to disclose poll-by-poll results nationwide, as well as its This is Texas today. A state full of unwillingness to consider inviting UN and Sunbelt boosters, strident anti-union- OAS observation teams for the 1994 presiden- ists, oil and gas companies, nuclear tial and congressional elections. It does, after weapons and power plants, political all, have a lot to hide. hucksters, underpaid workers, and toxic — ANDREW REDING wastes, to mention a few.

Andrew Reding directs the Mexico Project of , • the World Policy Institute, a public policy research and educational institute affiliated • with the New School for Social Research in V • New York. . P _GA1 -4 ' IIIV" • .4eil ...... 1 Bad Omens for U.S.-Mexico Free '■.. 'V, iiii- t. 1 0 10i 44, ■it.-id . 4:. PATRICIA MOORE Trade Agreement , ,'''', MO - . Chanting protestors at Governor's -%7 .4YA ii•4r 1111P- • With a Mexico-U.S. free trade agreement on 4‘477 '•• ve,, Palace, San Luis Potosi, Mexico the way, some workers in both countries are order and chief administrator of elections, a already getting a taste of what is in store. Just Atiraiz; feature unique to Mexico among Latin nations. to take two examples: The giant British-based Then again, my observations suggest the company Grand Metropolitan has moved 400 77 dual role is not altogether inappropriate, given cannery jobs at its Pillsbury-Green Giant ,., - the fact that elections in Mexico seem intended plants in Watsonville, Calif., to an impover- BUT more for social control than for popular influ- ished town in central Mexico, Irapuato. It's a DO NOT ence on government. After observing other heavy economic blow to the mostly Latina Latin American elections over the past seven workers in Watsonville. They have launched DESPAIR! years, it is hard to take Mexico's seriously. In a consumer boycott against Pillsbury-Green most Latin American countries, elections are Giant and other Grand Met subsidiaries, in- run by a separate fourth branch of government. cluding Burger King and Haagen-Dazs. ,I, -Lill TEXAS with institutional safeguards to prevent any Workers in Irapuato are making $4.28 a day, group or party, from securing majority control a step above the subpoverty minimum wage 1111 11) of the electoral machinery. Never, in the course of $3.25, but still way below what they need server of witnessing elections in countries with in- to survive. The California workers, repre- dependent electoral authorities, have I en- sented by Teamsters Local 912, have linked countered any of the aforementioned irregu- up with an independent union doing work in larities. Irapuato. Both agree that the Mexican work- TO SUBSCRIBE : In last year's Nicaraguan elections, for in- ers need higher wages. stance, the Supreme Electoral Council was Meanwhile, Rainfair, a protective clothing composed of two magistrates selected by the company in Racine, Wis., is telling striking ruling party, two selected by the opposition, workers they'll have to accept a contract with and one considered impartial by both sides. virtually no job security. In fact, the company Name This structure extended down to the precincts, has said explicitly that it wants the "right" to where an official (not just a poll watcher) in move to Mexico, where it can pay workers each location had to be nominated by the op- much less than the $6.60 an hour the Racine Address position. The government was so confident of workers are making. the cleanliness of the electoral process that it The 136 Rainfair workers went on strike in invited the United Nations and the Organiia- June in part over the company's demand that City State Zip tion of American States (OAS) to send obser- they pay 30 percent of health insurance pre- vation teams. We all know the outcome: miums. Rainfair is only the second company ❑ $27 enclosed for a one-year availing themselves of the secret ballot, a ma- in Racine history to use scab labor during a subscription. jority of Nicaraguans delivered a message they strike, according to the biweekly paper Racine Bill me for $27. dared not confide to pollsters. Labor. The paper also notes that Rainfair is ❑ Similarly, it is interesting to note that the the beneficiary of low-interest loans from the only Mexican state not controlled by the PRI city and state. — LAURA MCCLURE 307 West 7th, — Baja California Norte — is also the only AUSTIN, TX 78701 state the PRI could not pretend to win in elec- Laura McClure writes for the Guardian tions otherwise characterized by countrywide (New York), where this item first appeared.

18 • OCTOBER 18, 1991 BOOKS AND THE CULTURE Maghreb Montage

BY STEVEN G. KELLMAN produces about half a dozen feature films a ence and subsistence. "The fight is over there! year, but few are ever seen over here. Against those who stole our land, our water, CHRONICLE OF THE Chronicle of the Years of Embers, whose name our possessions." YEARS OF EMBERS is presumably more felicitous in the original Those usurpers are portrayed as uniformly (WAQALL SANAWAT AL-JAMR) Arabic, arose out of a movement called cin- callous to the injustices they perpetrate. In stiff Directed by Mohamed Lakhdar-Hamina ema djidid (new cinema), but all Algerian and spiffy uniforms, the French militia en- cinema is new if you have not seen forces allegiance to a foreign culture and HILE HUNDREDS OF thousands N any. scorns as "donkey thieves" the Arabic-speak- of my fellow Americans were slog ers consigned to mining salt. The film con- W ging their way through Scarlett, the ORTH AFRICA IS EITHER entirely veys no sympathy for the plight of the colons, windy sequel designed to insure that absent from films screened in Texas, or else, descendants of the European settlements that Alexandra Ripley will never be hungry again, as in Ishtar and other Hollywood confections, began in 1830 who are as much at home in I was previewing what an English critic called it is an exotic land of camels, veils, and end- Oran and Algiers as most of the Muslims and "a three-hour Third World equivalent of Gone less sweeps of sand. An exception is The Battle rarely more prosperous. Chronicle does not with the Wind." In fact, Chronicle of the Years of Algiers, the 1966 quasi-documentary by an individuate its Europeans; it has no room for of Embers has little in common with the Italian, Gillo Pontecorvo, that provides a con- an Albert Camus in its portrait of Marshal Mitchell/Selznick epic except length and the vincing account of the combustion of an Petain as representative Other. "France! Hitler! fact that its demons come from the North. But insurrection. Americans! What's it all to us?" asks a man the North-South conflict that widows Scarlett Chronicle of the Years of Embers ends in exasperated over the conscription of his com- O'Hara is quite different from the post-colo- 1954, the year in which The Battle of Algiers patriots to fight a distant war. Political analy- nial one that pits the developing nations of is set, and it begins in 1939, with a peasant's sis and filmmaking both demand finer distinc- Africa and Latin America against the affluent first intimations of political awareness. By fol- tions. societies of higher latitudes. Despite, or be- lowing Ahmed and his family through 15 years Except for a wonderfully flamboyant mad- cause of, its unflattering portrait of the French of famine, drought, disease, war, and oppres- man named Miloud, a choric figure whose lu- as cruel intruders from the North, Chronicle sion, Lakhdar-Hamina, who directed, co- nacy and lucidity intensify with the years of of the Years of Embers won the Palme d'Or at wrote, and appeared in the film, makes the embers, neither are the Arabs individuated. the 1976 Cannes Film Festival. FLN revolt against Paris that erupted in 1954 Berbers are ignored. History for Lakhdar- Mohamed Lakhdar-Hamina's buttock- and concluded with independence in 1962 Hamina is a collective drama, and his charac- number is part of a package of Algerian films seem credible if not inevitable. ters are attitudes more than personalities: that is touring American museums and col- "I swear I'll leave this land where my meliorists and revolutionaries, fundamental- leges. It comes to the Texas Union in Austin brother died for a drop of water," declares a ists and secularists. "Some day you and your on Oct. 29 in a series titled "Liberation and peasant so desperate he vows to abandon his people will be judged not by colonialism but Alienation in Algerian Cinema." The other family in "this wretched land" and seek a new by history," proclaims a radical impatient with offerings, which were not available for pre- life in France. The credits in the opening scene those who believe that they can accomplish view, are: Omar Gatlato, a 1976 feature about of Chronicle roll over parched, cracked soil anything through the ballot box. A million a young urban tough (Oct. 28); The Mill, a and the carcasses of sheep that have perished casualties later, Lakhdar-Hamina pronounces 1985 satire of both state bureaucracy and the from thirst. The film builds its power slowly the judgment of history, but he reduces the Algerian intelligentsia (Nov. 3); and A Wife and deliberately, more through stark images ethnic, ideological and ethical complexities of for My Son, the 1982 story of a bride whose of affliction and unrest than through its occa- Algeria to do so. new husband leaves her with hid parents while sional dialogue. Through six sections titled The Women are absent from his years of embers. he goes off to work in France (Nov. 4). Years of Ashes, The Year of the Cart, The Not even sex objects, they are barely glimpsed The screenings in Austin are being spon- Smoldering Years, The Year of the Massacre, during all the ordeals of the men. The revolu- sored by the local Middle East Awareness The Years of Fire, and November 1, 1954, tion is unfinished, but perhaps, as a woman in- Project (MEAP), an organization that is no Lakhdar-Hamina is more intent on exposing sists in that three-and-two-thirds-hour First doubt aware that Algeria is a bit west to be the line that leads to conflagration than in ex- World equivalent of Chronicle of the Years of called Middle East. Beirut is closer to ploring the complexities of plot and charac- Embers, "Tomorrow is another day." ❑ Budapest than it is to Oran. But MEAP, whose terization. stated goal is "to be a means of fostering a Rival native groups are shown fighting over more knowledgeable and humanitarian view water and, later, over which are the most ef- Prom from Hell of the Middle East," is indeed fostering knowl- fective tactics to combat exploitation by the edge by allowing Texas audiences a rare view French. "They took paradise and shoved us The Sierra Club, NAACP, TARAL, Austin from within the Maghreb itself. Algeria into hell," exclaims one man, blaming local Women's Political Caucus, and Austin Law- misfortune less on a hostile environment and yers & Accountants for the Arts present The Steven Kellman is a professor of comparative Prom from Hell Oct. 25. The event includes the capriciousness of typhoid than on the Eu- a costume contest, 'munchies and live mu- literature at the University of Texas at San ropeans who have appropriated the riches of sic. For info, call 512/448-1374. Antonio. Algeria and forced its people into subservi- THE TEXAS OBSERVER • 19

-.01111. O.. A Modem Near° on the Border BY BARBARA BELEJACK jority have gone, come back, and returned to mammoth snake on a Lubbock ranch; and an the country of the north. Almost all of them uncle in Los Angeles who knows enough to DIARY OF AN have held in their fingers the famous green leave his children .at home. UNDOCUMENTED IMMIGRANT. bills that have jokingly been called 'green The flip side of this encounter of two worlds Ramon "Tianguis" Perez. cards' ... our people have spread out like the are the ambivalent Chicanos; the willing Translated by Dick J. Reavis. roots of a tree under the earth, looking for gringas who promise him the time of his life 1991, Arte Publico Press, Houston. sustenance." at the mention of the words "Maria Sabinas," And so one morning Ramon Perez does the "mushrooms," "Oaxaca;" the Dallas punk club HE LAST TIME WE RAN into same, leaving his village with his small vinyl where coked-out young women pour cream Ramon Perez, he was ,working as an suitcase to walk the eight kilometers to the on each other in the rest room, oblivious to T' ambulatory photographer and Panamerican highway and board the first of a Perez; the gay bar — "just one of the many "shamefacedly" marching with his union series of buses that will take him to Nuevo surprises the United States has for us;" — the contingent in the May Day parade in Jalapa, Laredo. In the men's room of the Nuevo heavy metal concert where the spectators raise Veracruz. In the words of the Texas journalist Laredo bus station he meets up with an asso- their fists in the air "in a way that I had only Dick Reavis, the former guerrilla from ciate of one Juan Serna, coyote extraordinaire, seen in political demonstrations in in Oaxaca;" Macuiltianguis, Oaxaca, "was buckling under who assures him that this is his lucky day. The the wily employer who charges his (illegal) the weight of modern life." surly Serna has palanca, or pull, with the po- labor force double the going rates for ordinary Reavis had befriended Perez during one of lice. As Perez explains, "To avoid being tools. his many travels to Mexico, and Perez's life stopped by the police, I have to keep company Througholit, Perez subtly compares his two served as the connecting glue for a chapter of with thieves and maybe murderers, who oddly worlds and forces us to do the same: the have- his book, Conversations with Moctezuma. enough, enjoy police protection." a-nice-day Merry Christmas of the department Perez, nicknamed Tianguis, and his wife Maria But palanca only goes so far. Perez is robbed store clerk versus the holiday festivals of Eugenia, or Mary, were the perfect examples before he gets out of Nuevo Laredo and his Macuiltianguis; the apprehensive parents who of how skewed the Mexican economy has first attempt at crossing is foiled by the INS follow their children around for Halloween become and how difficult life is for an "aver- somewhere on a lonely Texas highway. A trick-or-treat ("they fear someone is going to age" couple. A skilled carpenter, he could second attempt via a rubber tube over another poison them," his landlady observes, "there make more money as a wandering photogra- part of the Rio Grande is successful and the are people who are sick in the head who've pher; Mary dropped out of graduate school to diary turns into a long litany of Texas towns, put poison or pins in the candies...all of a sell artesania. Reavis hinted that Perez had the "world of machines and buildings" of sudden there are crazy people all over the other talents. He wrote stories on a second- downtown L.A. and the backroads and open United States.") versus the women of hand manual typewriter and read voraciously. fields of California and Oregon. Macuiltianguis who set up Day of the Dead But suddenly he' stopped writing and talking Perez finds work with a green grocer, print altars with flowers, bananas, mexcal, tortillas, of literature. The "rural rebel" had turned into shop, carpentry shop, car wash, vineyard and mole, tamales, cookies, soft drinks and the "urban man-on-the-street." Chinese restaurant. Among his fellow travel- homemade bread; Colonel Sanders versus I'm happy to report that Perez is writing ers are a Peruvian fleeing the madness of a homemade soup; the elaborate tools of a San again. His first book, Diary of an Undocu- nation on the verge of collapse; a prosperous Antonio carpentry shop versus the simple tools mented Immigrant, is a remarkably honest native of Chihuahua, whose material. success of his village. When Perez spots an ancient first-person account that belongs to the rich in the United States is tempered by the plane hanging as a decoration in the secretary's tradition of Latin American testimonial lit- knowledge that he has lost his children to the office he wonders if he also might "seem like erature and our own oral history. It is alsO a drug culture; a Salvadoran teenager raped by an antique to them." promising sign of the Great American Novel her coyote; a man with white hair, who tells a Despite imminent passage of an immigra- of the '90s — Latin or otherwise — which hair-raising story about an encounter with a tion reform law, Perez is not much tempted to will increasingly deal with migration and be based on the stories of immigrants from the Sam Adams' Freedom Fighters south, or as Perez would say, "mojados." a Novel of the American Revolution Except for the title, Perez refers to himself by OTTO MULLINAX and his fellow immigrants in El Norte as The freedom-fighter of the American Revolution, as the 'principal character of this novel, develops swiftly but accurately around the lives of "wets." "You could even say we're a village William Mollineaux, one of San Adams' Lieutenants in Boston, and his of wetbacks," he says of Macuiltianguis, a nephew J.J. Zapotec village in the Oaxacan sierra. For J.J. diligently searches for Laurie Aldrich, a Quaker mistress to Major Percy of General Gages' British Forces. She is also the dream girl of decades young people have been migrating, J.J.'s boyhood infatuation. turning their homeland into a town of the very His quest, kidnapping, and flight with Laurie to the Carolinas is a romantic backdrop to that revolutionary history and the battle of young and the very old, a kind of Zapotec Kings Mountain—the critical battle of the revolutionary war which Brigadoon that comes alive again during resulted in Cornwallis' retreat through North Carolina into Virginia holidays and festivals. "It's a village tradition," and surrender—ending the war. Rowiie Pla.te-f The history of that time is oliwa FUTURA PRESS writes Perez. "A lot of people, nearly the ma- taion told in faithful detail, since the Revolution itself P.O. BOX 17427 Barbara Belejackis the Observer' s Mexico City 250 pps. Paperback is the principal character. AUSTIN, TX 78760-7427 $12.95 incl. tax & shipping correspondent.

20 • OCTOBER 18, 1991 prolong his stay: of war of tradition, assimilation, change and At the same time, Perez's diary, has its roots sometimes even progress. Fast forward to the in a Spanish literary tradition that goes back Here in the United States, it's true that '70s and '80s when there was a run on stories centuries, the picaresque novel. But unlike there are more comforts and luxuries, but by mainstream and alternative journalists Lazarillo do Tormes, the most famous *aro not for people like dishwashers and bus- purporting to follow the "new" immigrants on of them all, Perez doesn't become cynical and boys, whose earnings are meager. their journeys north or to document the cir- cunning as he moves from job to job. He Furthermore, life in the United States is cumstances of their lives in the United States. simply learns the ropes, if not the language, completely routine. Life is going to work, Some were well-intentioned efforts; many and takes in the weirdness of Gringolandia coming home and, on weekends and holi- were not. But few managed to capture the daily with his eyes wide open. He is the perfect . days, going to a movie or drinking beer. I routine, the indignities and at the same time antidote to the Paul Therouxs of the world, suspect that to stay for the rest of my life the sense of wonder and adventure the who change trains in Laredo, walk across the would be to live a routine until my last way Perez does. bridge, sniff around a bit then board the next days. In my village it's not that way. We train and pontificate about local customs. have festivals in which everybody practi- ESPITE THE HYPE about free trade If there is a flaw with the diary, it is in the cally lives together for three or four days and economic liberalization, the realities of occasional flatness of Reavis's translation. at a time. That isn't to say we are lazy, but Mexican immigration are unlikely to change. Perez's idiom is one of metaphors and images instead, that we know how to work —and Perez's story, therefore, becomes more valu- that belong to someone who is still close to how to forget work for awhile." able .to all of us. If anything, migration from tradition and to a village that understands the the countryside is likely to increase in the short rhythms of nature and the earth. It doesn't Midway through his journeys, Perez is run. At the same time, more immigrants are translate easily, and results too often in a rather haunted be a dream of failure, of returning coming not only from the hundreds of pedestrian English. ❑ home empty-handed. "I saw myself crossing Macuiltianguises around the country, but from the main street. I was carrying a bundle of among urban, educated young people, unable Dia de los Muertos clothes and an atrocious hunger that was de- to find a niche in the economy. Celebration in Austin vouring my intestines and making noises so Yet as important as Perez's diary is as a loud I was afraid they'd denounce my pres- work of oral history or testimonial literature, Mexic-arte Museum is sponsoriing a Dia de Los Muertos Procession/Parade and ence. I was carrying the bitter knowledge that it would be a mistake to leave it at that — and Celebration on Nov. 2 at 6:00 p.m. in I'd failed in my venture to the United States." would probably be the kiss of death, consid- We think we know this story, and yet we do ering the realities of the publishing world. Austin. The procession will include ar- tistic cars (including low riders), ballet not. Scratch a generation or two — or three or Perez is writing literature. These are wonder- folkloricos, and members of the pulblic more — change the names and the faces, the ful stories, and I suspect that the diaries of the in costume. The celebration includes language and culture, the mode of transporta- Ramon Perezes and the Maria Eugenias — music, poetry readings, children's activi- tion and the place of crossing, and there is whose voices have received even less atten- ties and an art exhibit. For information something in Perez's diary that belongs to tion north of the border — are the beginning call 512/480-9373. many of us, but which has been lost in the tug of the next crop of writing On this continent.

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THE TEXAS OBSERVER • 21 AFTERWORD New Lip Service for Old BY JAMES MCCARTY YEAGER comfortingly empty abstractions that so clut- lie; and Ron-bo pretended that only Democrats ter public life, such as the flag, does not count. lied. But Bush, ah, Bush, he's a culmination. Washington, D.C. The spirit of the ancient Japanese warriors Not a masterpiece, exactly, but a logical N A WORLD WHERE Ted Turner is was called "Bushido," and like most quasi- consequence of 25 years of massive and praised for having the best broadcast news primitive societies based on military theft of continuous official misrepresenta- I operation, the idea of George Bush as a agricultural surpluses, its precepts embodied tions. peacemaker might not appear to be as ludi- a highly elaborated sense of honor. Best sum- crous on its face as in fact it is. After all, if marized as a concern for formality amid blood- HIGH BRINGS ME back to his al- standards have fallen so far that CNN's stodgy shed, the Bushido code now survives in the leged disarmament breakthrough, where we're and rigorously narrow coverage leads the field, arcana of nuclear throw-weights as poised finally going to take some of our older, un- Bush can certainly be viewed as breaking new against their resultant mega-deaths. Formal- necessary nuclear technology off full alert, ground with his strategic nuclear arms stand- ism amid horror. leaving the newest unnecessary technology in down. Bushism is a far less luxuriant weed, being full development. The breathtaking audacity However, some spectre at the feast needs to less rooted in actual human insanity and pas- of Bush's imagining that we are stupid enough point out that the taking of four or five Strate- sion and being far more .contrived. Bushism not to notice the flaw in that logic ensures that gic Air Command bomber and missile wings has given us most recently this overblown, the deception will probably succeed. And it off permanent alert status is one of those paltry, belated, and ineffectual recognition that elevates public lying to an entirely new plane, wholly empty, angel/pinpoint dispute resolu- old nuclear weaponry can be stood down (but seldom reached even by the masters Reagan, tions for which theologians used to be re- we still have to buy new nukes.) Prior to that Nixon and Johnson. proached, before they were ignored. In gen- it gave us Clarence Thomas for the Supreme Whereas they were always trying to con the eral, it is not too sweeping a statement to say Court, a man whose convictions receded as American people into doing something that the that the nuclear stand-down is the most mean- his color became more prominent. Simulta- people's better instincts would have shrunk ingless piece of American political rhetoric neously Bushism delivered us Robert Gates from had the President leveled with his con- since the Willie Horton commercial of evil at the CIA, whose confirmation was so endan- stituents, Bush is only trying to keep things memory. . gered that it required last-minute grease from going as they have been. Johnson and Nixon Nuclear weapons have been absolutely use- the Chairman of the Senate Intel- had to try to keep an unpopular war going, less since the death of Stalin, the last megalo- ligence Committee to get him through. mostly by politicizing the Army; Reagan had maniac (on their side) incapable of being awed to sell tax cuts for the rich and benefit cuts for by anything short of mass destruction. They OU KNOW, WE'VE come a long way everybody else. These were tough jobs. are not any less useless now for having been since Lyndon. It was nice to see all those au- But Bush only wants to keep on with Cold declared so. They are precisely as useless this thentic images of the skinny old devil on PBS War spending in the absence of a credible en- month as they were in any previous month in last month. Of course, they got the story all emy; fight inflation with tight money at a time the past 40 years. But somehow Bush is to be wrong in trying to make him some tragic fig- of recession; and continue to abandon great credited for at last having admitted what any ure (and managing not to mention Eugene national investments in cities, minorities, and sane previous President could have proclaimed McCarthy once when discussing why LBJ the education system. In other words, he at any date. failed to run for reelection). But the sheer brass doesn't want us to do something against our The actual change is quite minuscule. We will of the man, as he stood there solemnly lying instincts; he just wants us to keep on going now not point all our weapons at the sky on a to the American people upon every conceiv- the way we were going when he got here. moment's notice; a larger proportion will now able subject at every available opportunity, BUsh's is a far less daunting task than his pre- be available on 24 hours' notice. Somehow I do was magnificent. decessors had. But his requires some ingenu- not find this comforting. The pointing hasn't And Johnson, of course, was just the warm- ity in order to disguise as progress his stran- changed; only the amount of notice. up act for Tricky, whose style of mendacity gulation of national activity. ❑ It is quite a relief to see that Bush's sincer- was far more earnest, and inherently unbeliev- ity on the nuclear matter is no less doubtful able, than Lyndon's.. It's as if Tricky didn't ANDERSON SI COMPANY than on all other matters of serious public even expect you to believe him, he just had to COFFEE say it out of some dogged Quaker necessity; TEA SPICES policy. Thus we should expect nothing more TWO JEFFERSON SQUARE with regard to weaponry than empty remarks whereas Lyndon wasn't satisfied unless you AUSTIN, TEXAS 78731 having no substance. It is all we have ever believed him at least long enough for him to 12 1153-1533 gotten from him on the economy, foreign get out of the room with your promise in his Send me your list. . policy, education, the alleged drug war, or pocket. anything else remotely real. Passion for the Then on to Ford, Carter and Ron-bo, each Name of whom had a different style of deliberate Street Expatriate TexanJames McCarty Yeager lives public deception. Ford pretended to be too stu- City Zip in Marylcind. pid to lie; Carter pretended to be too good to

22 • OCTOBER 18, 1991 Political Intelligence as executive director of the Austin-based Texas Civil Liberties Union in January after Dialogue Continued from page 24 the dismissal of James Harrington as its legal Continued from page 2 it's already a winning ticket. Employees in at director over financial problems and disagree- system upon it. The new system is not "more least one state agency have been told they face ments with the organization's executive representative," although it may have more cutbacks and perhaps layoffs if the voters re- committee. representatives. A larger governing body ject Proposition 11, since the Legislature al- Gros said she hoped the consolidation of the pulled from a narrower segment of the pop- ready has appropriated the anticipated lottery state office with the state's largest chapter ulation does not provide greater democracy. income. The implicit message to state employ- would allow' the ACLU to provide organiza- Furthermore, Dr. Iscoe applauds the secret ees: vote for the lottery or you may lose your tional and funding support for civil liberties ballot in the selection of Dr. King, while job. A spokesman for Comptroller John Sharp projects in chapters across the state. "A state- hinting mysteriously that the "provision for said the two-year, $34.4 billion general wide program will be brand-new for Texas," voting in secret" in the English Department revenue budget presumes $471 million in gen- Gros said. "For the first time we will have a limits fair representation." eral revenue, mainly in fiscal year 1993, and truly integrated affiliate for the state of Texas," Dean King is not the "executive officer" of it includes a provision that the comptroller, she said. "We've had independent, free-stand- a multibillion-dollar corporation — a common with the approval of the Legislative Budget ing chapters setting their.own priorities, some misperception among university adminis- Board, would make across-the-board budget with money and some without." trators. His actions should be viewed in light cuts if the lottery fails to materialize. Agencies Houston, with approximately 2,000 of the of their contributions to open and accessible would' ace an average 2.7 percent cut if there state's 7,500 ACLU members, has a long his- academic debate. The American Association is no lottery, said spokesman Andy Welch. tory of keeping a staffed office and has had a of University Professors (AAUP) disagrees Sharp has taken no position on the lottery reliable funding source, while offices in Dal- with Iscoe's characterization of King's actions question, Welch said, but the comptroller al- las and San Antonio have been only sporadi- as unthreatening to academic freedom. ready has taken out ads seeking a director for cally staffed, Gros said. After the first of the According to a series of letters sent to King the lottery division of his office, a division that year, she said, a committee will set priorities between July 24 and September 25 by AAUP will not exist unless voters approve Proposi- for litigation while the office assesses its mem- associate secretary Robert Kresier, the tion 11. Welch said advance work must be bership. The Houston office will maintain two organization remains "troubled" by King's done if the office is to get the lottery up and paid positions and Gros hopes to add a staff actions in the College of Liberal Arts. running in seven months, as the law requires. attorney next year, but the ACLU will continue to rely mainly on voluntary legal help. The Burning ✓ MORE HAZARDOUS OVERSIGHT. Houston chapter has always exercised Questions A state audit has revealed that the Texas Wa- disproportionate influence in Texas, due ter Commission has failed to aggressively seek primarily to its funding advantage. Another Arson in Houston's Fourth Ward is an impor- out and clean up hazardous waste sites. This office has opened in Dallas, she said, and the tant subject and deserves better'treatment than failure not only jeopardizes the health of Tex- future of the Austin office is uncertain. The it receives in your October 4 issue. ans but has resulted in the lost of "substantial ACLU will have a presence in Austin during The article starts with innuendo and ends federal funding" for cleaning up such legislative sessions, as needed, she said. without supporting its vaguely stated disbe- Superfund sites. The commission, which has The move leaves Donovan and a part-time lief of investigators' suspicions that long been accused by environmentalists of office worker out of jobs. Donovan, who crackheads started the numerous fires in aban- being captured by the chemical lobby and in- moved to Austin from California to take the doned houses. "But some residents don't buy dustries it is supposed to regulate, responded job, said she had mixed feelings about the that explanation," reads the introduction to the that it had changed its procedures last year to move to Houston, but she acknowledged that story. Later it cites "allegations of systematic improve identification of hazardous waste sites it was the national office's decision. "We all arson," yet the reader never learns who has but that it lacks authority to require perpetra- knew there.was going to be a major reorgani- made these allegations and on what basis. tors to pay for cleanups. Proposed legislation zation and that's happened," she said. My suspicion is the writer decided that to that would have strengthened this authority Gros noted that she had nothing to do with make these charges directly would entail the was killed by the state House of Harrington's departure and said she hoped to required denial by the accused. More work, Representatives this year. coordinate the ACLU's work with his Aus- weaker story. Since Gov. Richards' appointment of new tin-based Texas Civil Rights Project. "I've al- I do not dismiss the possibility that some chairman John Hall, the commission has made ways had a fairly good relationship with Jim," real estate developers would use arson to de- cleanup of existing pollution sites with a maxi- she said. Harrington said he has had no deal- stroy an historic neighborhood; numerous in- mum of public input a priority. ings with the ACLU since his departure, but stances have been documented. However, the he questioned why the organization would credibility of your publication rests on the ✓ TCLU ON THE MOVE. The Ameri- leave the state capital without an office. Until ability to show that this is such an instance. can Civil Liberties Union has moved its state the ACLU gets a staff attorney in Texas, "they To some extent, the blame falls on writer/pho- office to Houston in an attempt to consolidate don't really have a litigation program," he said. tographer Patricia Moore, and to a greater the organization's resources. Helen Gros, ex- Harrington's current venture, the Texas degree on the editors who supervised and pre- ecutive director of the Houston chapter since Civil Rights Project, will continue to focus on pared the story for publication. This story was January 1985, became director of the reorga- racial and economic justice and possibly AIDS not ready for print and your readers deserve nized state affiliate Oct. 1 after a reorganiza- issues and will leave more traditional civil lib- better. tion supervised by the national ACLU. (See erties cases to the ACLU. "There is enough "Uncivil Liberties," TO , 1/25/91) Gros re- work to do that we don't have to be in compe- Steve Polilli placed Suzanne Donovan, who had taken over tition," he said. Euless

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POLITICAL INTELLIGENCE

dent Kennedy was shot, and this whole thing House members have voted to close the ✓ WHO NEEDS GUINEA PIGS? "A historical event has taken place. The President brought back some painful memories for me." bank and to require payment for meals when of the United States has been assassinated." served. Five other Texas lawmakers have ac- knowledged that they had bounced House That announcement was read over the public ✓ TEXAS BOUNCERS. Rep. Bill address system of Carrollton's Charles M. Sarpalius, D-Amarillo, and the late Rep. checks. They include Reps. Albert Blalack Junior High School as part of an Mickey Leland are two Texas lawmakers Bustamante, D-San Antonio; Greg Laughlin, experiment, according to The Dallas Morning whose names have come to light in the con- D-West Columbia; Charles Stenholm, D- News. Assistant Principal Dana Stewart read tinued House bank and House restaurant Stamford; Lamar Smith, R-San Antonio; and the "news" before classes began, apparently scandals. Charles Wilson, D-Lufkin. As of yet, none of adding emphasis by feigning tears. Four Last month, the General Accounting Office the five have decided to take Sarpalius' lead minutes later, Stewart revealed the statement set off a wave of controversy by revealing that and divvy up their own punishments. was untrue and explained that her actions were House members wrote 8,331 insufficient funds — COMPILED BY RODDY DE LA GARZA part of a class project. checks at the bank from July 1989 to June Roddy de la Garza is an Observer editorial Principal Laura Folsom issued a public 1990. Later released was the fact that about intern. apology and escaped any disciplinary actions $300,000 in unsettled restaurant tabs were also toward her administration after a flood of accumulated by House members. ✓ ATOMIC AQUIFER. President Bush's negative reactions to the above statement. Without any fine assessments imposed for recent announcement of cuts in the nation's Folsom said several classes were studying the bouncing House checks, the actions amounted nuclear weapons stockpile could have ominous 1938 radio play The War of The Worlds — to interest-free loans. Although the GAO did implications for the Panhandle. In January of which fictitiously reported a hostile Martian not pinpoint guilty lawmakers when it released this year, the Department of Energy (DOE) attack on New Jersey — as the reason she the information, many went about trying to identified the Pantex nuclear weapons plant approved the student-led project aimed to clear their names. near Amarillo as the primary storage location evaluate reactions to tragedy. Initially denying that he had written any hot for fissionable materials such as uranium and Reactions varied from anger at the decep- checks, Sarpalius later admitted to the deed plutonium. (See "Panhandling for Plutonium," tion to concern over the possible loss of ad- and became the fifth Texan in the House to TO, 6/14/91.) As a result, if Bush's weapons ministrative credibility. A major concern come forth on such allegations. reduction plan goes through, some 84,000 among students was why the administration According to an Associated Press release, pounds of highly radioactive material recov- frightened the entire school for a project that Sarpalius has attempted to make amends with ered from the decommissioned warheads only involved a few students. "I was shocked. the GAO and to alleviate his "embarrassed" could end up being stored at Pantex. The fa- I wanted to talk to the people in charge," conscience with a self-imposed $50.71 fine to cility sits directly atop the Ogalalla aquifer, a student Chantelle Lindlief told the Morning compensate for the $905.31 worth of bad huge underground water system that supplies News. "Once someone does that to you, it's checks he wrote on his House account over drinking and irrigation water to Amarillo and hard to ever trust what they say." Some 50 two years ago. surrounding farms and communities. DOE has students walked out of school during their Sarpalius calculated his own fine by as- not indicated how long it intends to store lunch breaks to protest the announcement, sessing himself a $15 per bounced check fee nuclear material at Pantex. Given plutonium's while entire classes marched to Folsom's and a 12 percent interest rate for each day his half-life of 24,000 years, however, storage office to voice their disapproval. account remained in the red. Sarpalius had requirements would run on the order of tens "They were playing with our emotions, and written three unbacked checks for $14.13, and of thousands of years at a minimum. they shouldn't have done that for any reason," $264.13 in July 1989, and one for $627.05 the According to the Dallas Morning News, the eighth-grader Shane Speakman told the following month. company that operates the Pantex plant has Morning News. "This has hurt a lot of people. Leland, who was killed in an August 1989 been awarded a new five year contract with What really makes me mad is how the assistant plane crash, died owing some $30,000 to the the Department of Energy. The agreement will principal faked crying." House bank for rubber checks and $10,000 in pay the company, Mason & Hanger-Silas The mother of one student involved in the unpaid meals to the House restaurant, the AP Mason Co., $5.1 million per year, not includ- lunch-time walk-out supported her sons ac- reported later. Money owed from overdrafts ing additional incentives available. tions in a quote to the Morning News. "The was deducted from a death annuity paid to kids did what they thought was right. They Leland's widow, the wire service reported, but ✓ FIXED GAME? Although the state lot- were more responsible than the adults," said the restaurant tab remains unpaid, and no claim tery has not been approved by voters (see edi- Eileen Ray, whose son Derek is an eighth- for compensation has been filed against torial), state officials are behaving as though grader. "I was in the sixth grade when Presi- Leland's estate. See Political Intelligence page 23

24 • OCTOBER 18, 1991