GALBRAITH BACKS BENTSEN Pg. 2

A JOURNAL OF FREE VOICES JANUARY 26, 1990 • $1.50

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JOHN DAVENPORT

Alamo Obscuro A Chicano Activist's Peripatetic Tour of a Texas Shrine

Lines in the Dirt Jim Mattox Fights for an Endorsement in Corpus Christi

Who Is John Odam? An Interview With the Houston Lawyer Who Would Be AG

Also: San Antonio's CineFestival 1990 Begins January 31 a Preview by Steven Kellman DIALOGUE

T..T TEXAS Johnson did) that politics requires trust, a Galbraith certain breadth of vision, a certain capacity Backs BentSen for level dealing. server Bentsen has these qualities; Bush A JOURNAL OF FREE VOICES The Texas Observer does not like Lloyd evidently does not. And Bentsen may well We will serve no group or party but will hew hard to Bentsen. I do. And I hope my friends be the strongest candidate the Democrats the truth as we find it and the right as we see it. We among Texas liberals — in whose number I could nominate in 1992. It would be a pity are dedicated to the whole truth, to human values above all interests, to the rights of humankind as the now proudly count myself — will bear with if Texas liberals, motivated by an old urge foundation of democracy; we will take orders from me while I explain why. for revenge, were to work to spoil his none but our own conscience, and never will we over- I became Executive Director of the Joint chances. look or misrepresent the truth to serve the interests of Economic Committee of the U.S. Congress the powerful or cater to the ignoble in the human spirit. Writers are responsible for their own work, but not in January 1981. (It was, needless to say, a James K. Galbraith for anything they have not themselves written, and in bad time for liberals.) The new Chairman, Associate Professor publishing them we do not necessarily imply that we my mentor, was a liberal Congressman LBJ School of Public Affairs agree with them because this is a journal of free voices. from Wisconsin, Henry Reuss. The SINCE 1954 outgoing Chairman was Lloyd Bentsen. Publisher: Ronnie Dugger Senator Bentsen's accomplishment as A Subscriber's Editor: Louis Dubose Chairman had been to forge a bipartisan Associate Editor: Allan Freedman consensus on the Committee, around con- Support Copy Editor: Roxanne Bogucka servative and supply-side themes. My job, Editorial Intern: Karen Speed Calendar: Elisa Lyles as I saw it, was to break up that consensus. I was all set to let my subscription to the Washington Correspondent: Mary Anne Reilly Reuss and I sought to confront the Republi- Observer lapse. After all I've been gone Contributing Writers: Bill Adler, Betty Brink, cans. We hoped to build a new opposition from Texas nearly 30 years and what is Warren Burnett, Jo Clifton, John Henry Faulk, among the Democrats. We therefore going on there is of diminishing interest. Terry FitzPatrick, Gregg Franzwa, Bill Helmer, James Harrington, Amy Johnson, Michael King, planned, in effect, to move the Committee Moreover, in nearing retirement I need to Mary Lenz, Dana Loy, Tom McClellan, Bryce to the left. This, at a time when the save all the nickels I can. Then, during Milligan, Greg Moses, Debbie Nathan, Gary Democrats had just lost the Senate, when research on an entirely different matter, I Pomerantz, John Schwartz, Michael Ventura, Lawrence Walsh all of my four surviving Democratic Sena- came across this little sentence about you Editorial Advisory Board: Frances Barton, tors were up for reelection in 1982, and in the Encyclopedia Britannica: "Austin's Austin; Elroy Bode, Kerrville; Chandler when none felt more threatened, at least Texas Observer has gained distinction Davidson, Houston; Dave Denison, Cambridge, potentially, than Lloyd Bentsen. through its dogged stabs at racial inequi- Mass; Bob Eckhardt, Washington, D.C.; Sissy ties, political dealings, and other injustices Farenthold, Houston; Ruperto Garcia, Austin; As a former Chairman, Bentsen could John Kenneth Galbraith, Cambridge, Mass.; have made my life miserable. A single throughout the state." Lawrence Goodwyn, Durham, N.C.; George word to the press, in the early days, would That sentence reminded me of the Hendrick, Urbana, Ill.; Molly Ivins, Austin; Larry have damaged us. A single vote against our reason I first subscribed to the Observer L. King, Washington, D.C.; Maury Maverick, Jr., San Antonio; Willie Morris, Oxford, Miss.; reports, given the even party split on the more than 30 years ago. It was delightful Kaye Northcott, Austin; James Presley, Committee at that time, would have to see you tweak the noses of the powerful Texarkana; Susan Reid, Austin; Geoffrey Rips, destroyed us. And in the prevailing political and pompous and expose their phony cha- Austin; A.R. (Babe) Schwartz, Galveston; Fred climate such steps — a form of declaration rades. There is a continuing need for such Schmidt, Fredericksburg; Robert Sherrill, Tallahassee, Fla. of support for the new President — would journalistic enterprise. So keep on have been popular in Texas. tweaking and exposing. Your work is Layout and Design: Layne Jackson Typesetter: Lana Kaupp Bentsen did not do it. Quite to the badly needed. Contributing Photographers: Bill Albrecht, Vic contrary. From the early days we developed My subscription renewal check is Hinterlang, Alan Pogue. a tacit working relationship based, as I enclosed. Contributing Artists: Eric Avery, Tom Ballenger, perceived it, on mutual confidence and Richard Bartholomew, Jeff Danziger, Beth Epstein, Dan Hubig, Pat Johnson, Kevin Kreneck, trust. We would not embarrass him, nor he Charles E. Webb Michael Krone, Carlos Lowry, Ben Sargent, us; each would respect the political Lilburn, Georgia Dan Thibodeau, Gail Woods. motivations and requirements of the other. Managing Publisher: Cliff Olofson When difficulties arose, back-channels Subscription Manager: Stefan Wanstrom opened up to resolve them. The Republi- Special Projects Director: Bill Simmons A Reader's Development Consultant: Frances Barton cans did not take effective control of the Committee. And, interestingly, in all my SUBSCRIPTIONS: One year 527, two years 548. three years 569. Full- Correction time students 515 per year. Back issues 53 prepaid. Airmail, foreign, group, contacts with Bentsen and his staff over and bulk rates on request. Microfilm editions available from University Microfilms Intl.. 300 N. Zeeb Road. Ann Arbor. MI 48106. Any current four years, the subject of my father's On page 19 of your December 15, 1989 subscriber who finds the price a burden should say so at renewal time: no opposition to him in 1970 never once came issue you refer briefly to Dr. John Silber. It one need forgo reading the Observer simply because of the cost. up. should interest you to know that for many THE TEXAS OBSERVER (ISSN 0040-4519/UPS 541300), In the large scheme of things, these years he has been President of Boston ©1990, is published biweekly except for a three-week interval between issues in January and July (25 issues per year) by the personal experiences are unimportant. But University which is a very much larger Texas Observer Publishing Co., 307 West 7th Street, Austin, they are useful in forming a valid percep- institution than Boston College. I am Texas 78701. Telephone: (512) 477-0746. Second class postage paid at Austin, Texas. tion of Bentsen as Senator. Certainly he is a distressed that you do not check your facts. POSTMASTER: Send address changes to THE TEXAS conservative, certainly pro-business, OBSERVER, P.O. Box 49019, Austin, Texas 78765 certainly a man with whom liberals will Hortense F. Sher often disagree. But he also understands (as Houston

2 • JANUARY 26, 1990 EDITORIALS THEserver TEX AS

Tax Evaders JANUARY 26, 1990 VOLUME 82, No. 2 DEMOCRATIC gubernatorial pri- posed no new revenue raisers, reliable or T mary so far has been shaped by a fairly otherwise. Richards dodged the new-taxes tricky problem: how to convince voters that issue with precision. Asked repeatedly how FEATURES a candidate will avoid raising taxes despite she would raise new money, Richards said the need for new revenue. Jim Mattox advo- the overall cost of education reform has not An Activist AG cates a state lottery. Ann Richards depends been accurately defined and, therefore, she An Interview with John Odam on growth in revenue, bookkeeping maneu- said it would be irresponsible to talk about By Louis Dubose 6 vers, and a rearranging of state funds. Mark raising new revenue without a clearer sense White wants to lure new business to expand of the demand. This position, which flies in Reconsidering Simpson Mazzoli revenue by advertising that Texas does not the face of a consensus that billions of dollars By Dan Carney 13 have an income tax. are needed to create a more equitable system, The no-new-taxes position is such a promi- is a convenient one. By advocating it, Richards Silencing Bigots 14 nent part of the campaign that The Dallas has positioned herself to avoid addressing By Brett Campbell Morning News devoted a front-page Sunday the most pressing issue of the campaign. news article to it. The Morning News pointed In the meantime, Richards has proposed DEPARTMENTS to the governing theory of nearly every that as much as $800 million in existing campaign in this republic. Advocating in- government funds be shifted to meet educa- Dialogue 2 creased taxation is political suicide, although, tion costs. This one-time transfer of money Editorial 3 once elected, governors often raise taxes. could give the Legislature the breathing room According to the Morning News, the last it needs to meet a May court deadline, Political Intelligence 16 Texas gubernatorial candidate to advocate Richards argues. She acknowledges that the new taxes was Jack Cox, who lost in the 1960 money does not represent a long-term solu- Social Cause Calendar 19 Democratic primary after advocating the po- tion. "But they [emergency funds] give us the Books and the Culture sition. resources to meet the court deadline and The rush to avoid the new-taxes issue has open our schools on time," she said. Cine San Antonio been fueled, of course, by the demand for There is an expectation in the Richards By Steven Kellman 20 new revenue. The Edgewoodv. Kirby school- short-term approach that more meaningful Patriotic Corps finance decision was specific enough: The reform is to come. It is assumed that with By Steven Kellman 21 Texas public-education-finance system is candidates like Clayton Williams and Kent Afterword inequitable. And most of the candidates Hance on the Republican side, a future GOP concede that more money will be needed to governor would do nothing to establish a Remembering the Alamo reform the system properly. The price of more equitable education and tax system. By Rudolfo Acuna 23 reform could be as high as $5 billion. The Democrats are the best — if only —hope Such estimates have prompted the candi- to pass a state income tax, to establish a more dates to develop game plans to avoid this equitable tax structure by reducing taxes that potentially explosive issue. The candidates weigh disproportionately on the lower and consider these strategies so critical they are middle classes, and to reform the education fearful of being bested in the avoidance game, system. Although the next governor will not progress in this state begins and ends with the and at least one round of dueling press con- be able to avoid raising taxes, the education tax structure. No candidate is committed to ferences has been recorded on the issue. On system can only be truly reformed when the reforming it, or even paying lip service to January 9, lame-duck Governor Bill Cle- taxation system itself is changed. Long-term changing it. Of course the bureaucracy could ments announced the Legislature would be reform efforts are only as good as the method be run better and more waste in government back in session February 27 to consider school of payment. Will the next governor have the eliminated to generate more money for social finance. On January 11, Mattox and Richards might to transform the education as well as programs. But until the tax structure is made both met with the press to outline positions the taxation systems? Is there any hint that more equitable, and more money raised, the on school funding. In addition to his usual Mattox, White, or Richards can be counted social problems the candidates seem so eager call for a lottery, Mattox advocated attracting on — any more than the Republican candi- to address will remain substantially the same. more federal dollars and merging state agen- dates — to revamp the system? What is most distressing about this contest cies, such as the state treasury and Both Richards and Mattox have sought is that Texas is so powerful a state it has the comptroller's offices. At the Mexican-Ameri- through campaign rhetoric to show they care opportunity to alter the tilt of the political can Democrats endorsement convention in for the people. Mattox describes himself as landscape in America. Just as the California Corpus Christi on January 13, Mattox once the "people's governor" and "tough for a tax revolt of the 1970s helped establish a again stated the central theme of his cam- reason . . . because he cares." Richards envi- national political climate, Texas has the paign: "I said from the beginning that this sions a compassionate government that cares potential with the education issue to change race would come down to a choice between for many of its most vulnerable citizens. the tide across the South, to establish once a state lottery and new taxes." Behind both candidates' stated ideals, it is and for all the link between education and State Treasurer Richards, who scoffed at assumed, is a commitment to the programs taxation and the need for equity in both areas. the merger example, dismissed the lottery as that will help realize those ideals. But these The question to ask Mattox, Richards, and an unreliable money source. Yet she pro- are empty commitments. The root of social White is if they are up to the job. A.F.

THE TEXAS OBSERVER • 3 The MAD Endorsement Corpus Christi evening, after the public candidate-screen- And then, vote by vote, the Mattox ARLY SUNDAY MORNING, a week ing sessions ended, and before the commit- delegation began to move in the direction E before representatives of the 3,000- tee adjourned its closed-door session on the of the endorsement. The vote by which they member Mexican American Democrats nominations, each member took a pledge took control of the convention was a simple convened at the Wyndham Hotel here, not to reveal the committee's co-endorse- one. Procedural disputes, according to Attorney General Jim Mattox was on the ment recommendation until the vote in MAD's bylaws, can be resolved by a simple Town Lake jogging trail in downtown plenary session on Saturday afternoon. majority of those present. And the Mattox Austin. Turning east at the Mopac foot- By early Saturday morning, Mattox and delegation had the majority, and therefore, bridge, and slowing to a brisk walk, Mattox, Richards delegates were openly feuding over parliamentary control of the meeting. Who is campaigning for governor even the co-endorsement proposal. By Saturday ("Procedure has always been decided by during a chance encounter with a writer on afternoon the Mattox delegation's tactics chapter-strength votes," Gilbert Rodriguez, a Sunday-morning run, said he wanted to became clear. They had the numbers in a Richards supporter and member of an make a prediction about the convention in delegate strength present, and would not Abilene MAD chapter protested after the Corpus Christi. "Ann Richards can't get the accept a co-endorsement, nor a proposal to convention.) endorsement," Mattox said. "So she and vote on what Mattox called a "multifarious A vote on a minority report from the Mark White are going to do everything they question, according to Robert's Rules of candidate-screening committee determined can to keep me from getting it?" Order." The question described was a triple- that instead of a co-endorsement vote, a Would he prevail? "Well, I don't know," option ballot choice that included a vote for straight-up vote on the three Democratic Mattox said (or something very close to Mattox, a vote for Richards, or a co- gubernatorial candidates would be held. "Well, I don't know." My reporter's endorsement of the three Democratic candi- Then over Guerrero's protestations, the notebook was somewhere on my desk at the dates. convention amended the bylaws and permit Observer office.) "Two thirds is always And then, for one frozen moment on the a runoff if no candidate received a two-thirds hard to get when you have three candi- third-floor of the Wyndham Hotel late majority on the first vote. "If they are going dates." Saturday afternoon, the terms of the debate to give them that, they'll give them Waving or nodding at the westbound were personified, as Attorney General Jim everything," Guerrero said as she watched joggers and walkers who recognized and Mattox confronted, frente a frente, Austin the vote from a small command post that greeted him, Mattox continued to explain Rep. Lena Guerrero. Mattox stood lboking she and Aurora Sanchez had organized on that he knew he would easily win a simple down at Guerrero — who has been play- the north side of the meeting room. majority at both the MAD and the COPE ing an important part in the Richards cam- When Mattox fell 67 votes (out of 3,178) (the AFL-CIO Committee on Political paign — and Guerrero, with the index short of two-thirds on the first vote, Tom Education) conventions. And since the finger of one hand, enumerated Mattox's Walker and Mark Campos, both from voting would be conducted in the open and options on three fingers of her other hand. White's camp, caucused with Richards the results made available to the public, even When Mattox leaned forward to make his delegates to try to find a way to stop a swarm a simple majority would be something of argument, Guerrero stood resolute. of Mattox-campaign floor leaders from a victory. But Mattox said he was not after The little-noticed confrontation was a picking up votes needed to prevail. a simple majority. He was determined to small portent of what would follow once Mattox, all the while, worked the floor, pursue aggressively the two-thirds required the floor fight began. Because the story of at times alone and at times accompanied by for endorsement. the MAD convention was very much a story MAD delegates. "Let me tell you about Jim Six days later, dressed in a dark business of Ann Richards supporter Lena Guerrero's Mattox," MAD at-large delegate Paul Rich suit and standing outside a meeting room resolve against Jim Mattox's determination. said to Jesse Moran, a Richards ,supporter on the third floor of the Wyndham Hotel, Guerrero challenged every parliamentary and County Commissioner candidate from "a Trammell Crow development on Cor- move the dominant Mattox delegation Uvalde. "You don't need to tell me anything pus Christi Bay, Mattox joked with report- attempted — losing on every count but the about Jim Mattox. I know all about him," ers while he continued to advance the argu- last one, by which Mattox fell 22 votes short Moran responded to Rich — and to Mattox, ment he had made a week earlier. "They of the endorsement. who stood directly in front of them. As [Richards and White] don't want a straight- And the odds were not exactly in Moran walked toward his chapter caucus up vote because they know they can't win Guerrero's favor. On Friday night before to vote, he said he remained committed to . . . they know that all they can do is block the plenary session, Ruben and Tony Richards. my endorsement . . . Go ask those people Bonilla, both leaders in the local Mexican- On the final vote, when it was evident what they've got against the democratic American community and former national that Mattox was some 20 votes short of the process." presidents of the League of United Latin majority, his supporters stalled, holding the The other two candidates had made their American Citizens (LULAC), opened up vote open, while Guerrero implored Chair luncheon speeches and gone on to other Bonilla Plaza and the Bonilla law offices Nora Linares to end the voting, arguing that commitments. But Jim Mattox was going for a Jim-Mattox-for-Governor party. At it was unfair to continue. to be there until MAD Chair Nora Linares noon on Saturday, Corpus Christi Senator After Linares closed the vote and called gaveled the convention to its end — and Carlos Truan held a press conference to for and won (perhaps) a motion to adjourn, then for a while longer. endorse Mattox and publicly embrace Rafael Quintanilla, an attorney working in Mattox. Later the same afternoon, one of the attorney general's office, seized the mike EETING BEHIND CLOSED doors, the founders and the first Chairman of and passed it down to Mattox, who thanked M the MAD candidate-screening com- Mexican American Democrats, who was the MAD convention for its support. mittee, which Mattox supporters claimed also the first Chairman of the Hispanic On the floor, Guerrero held an impromptu was dominated by Richards supporters, had Legislative Caucus, former San Antonio press conference, claiming the Mattox proposed co-endorsing the three Democratic Senator Joe Bernal, stood on the convention campaign had "tried to buy the endorse- candidates for Governor. And on Friday floor to speak on behalf of Mattox. ment" by paying the expenses of Mattox

4 • JANUARY 26, 1990 supporters — a charge that the Mattox sive candidate in the race had withdrawn, January is something of a measure of his campaign steadfastly denied. leaving Houston attorney John Odam and standing in the Mexican-American Commu- But the TV cameras from all three local San Antonio Rep. Dan Morales to fight for nity today. Mattox was endorsed by State stations were trained on the Attorney the nomination. Doggett had commitments Senator Carlos Truan, former San Antonio General in the lobby. Surrounded by of $500,000 from supporters and he realized Senator Joe Bernal, and Corpus Christi cheering supporters, Mattox faced the that if he did resign from the court, chances attorneys Ruben and Tony Bonilla, both who cameras. "We've turned the corner," he were good that a newly-elected Democratic in turn presided over the 140,000-member said, insisting that one percentage point less governor would appoint his successor. And League of United Latin American Citizens than two-thirds was a win. For Mattox, it Doggett's announcement that he would not (LULAC). was a free-media bonus, the local stations run confirmed what many had suspected: It seems that even the choice of words were all his since Richards and White had when Bryant decided to withdraw from the served to advance a specious argument. left hours earlier. When the news crews race he had called Doggett and urged him "Can a candidate obliterated by U.S. turned off the lights, Mattox lead a caravan to enter. Bryant argued that as attorney Senator Phil Gramm," Trevino asked, "beat to Kingsville, where State Rep. Irma Rangel general Doggett could make a more immedi- the GOP nominee for attorney general as was host at two — one private and one public ate and significant difference in the lives Gramm again heads the Republican ticket?" — Mattox fund-raising events. of working-class Texans. And many func- Unless we accept that it was an East Texas "We were determined to end with a show tions of the attorney general's office, such Republican Congressman making his first of unity of all the delegates," Elizabeth as crime-victims compensation, and anti- bid for the Senate, and not President Ronald Zeremeno, a Richards supporter who served trust and consumer- protection litigation, Reagan, who was at the top of the GOP on the candidate-screening committee, said. involve the enforcement of legislation that ticket in 1986, how is it that Gramm is again "So we printed 500 copies of "De Colores. Doggett himself had written. heading the ticket? And Trevino's observa- " It's always been our unity song. We were tion that State Rep. Juan Hinojosa of going to sing it together when we walked O there should have been little disa- McAllen moved back to Morales after off the floor." After the convention ended, S greement in the progressive commu- Bryant withdrew from the attorney general's Elizabeth Zeremeno tossed the bundle of nity that Lloyd Doggett was the best race suggests that Hinojosa was ambivalent 500 copies of "De Colores" into the trunk candidate available. There was some merit in his support of Bryant. of her car and drove home to Austin. L.D. to the argument that such a candidacy would Trevino's argument begins with the appear unseemly, that it would suggest that presupposition that Mexican-Americans the state's highest civil court was being used voters will chose ethnic solidarity over as a vehicle by which to advance to another enlightened collective and self-interest. That office. And that another vacancy by resigna- they will fail to recognize the argument Absence tion could damage the court — a concern advanced by Agriculture Commissioner Jim Doggett cited when he announced his Hightower: that the political division in this of Vision intention to remain on the court. country is vertical. Not political/ideological Doggett also said that the likelihood that left and right, but rather political/economic the Edgewood case (the best hope for equity up and down. The logical end to Trevino's ISNERISMO, it might be called here in school financing that we may see in our argument is that Mexican-Americans of the C in Texas, where Henry Cisneros hasn't generation) will again be on the Supreme working class and underclass, who represent faded entirely from the political memory. Court's docket was a compelling reason for the Mexican-American majority, will auto- The promotion of conservative Mexican- him to complete his term. matically support a promising Hispanic American candidates for public office, So there were, it seems, as many valid candidate inclined to serve those at the top Cisnerismo is complemented by the belief reasons for Lloyd Doggett to remain on the of this vertical division, over a proven that a Spanish surname will inevitably carry Supreme Court as there were for him to candidate whose work in the Legislature has South Texas in an election, and the argument run for attorney general. But the most improved the lives of "ordinary Texans" that all progressives should fall in behind specious argument against Doggett's candi- — those who fall from the center to the Mexican-American candidates — without dacy appeared under the byline of Austin bottom of the vertical political spectrum. too much consideration of the candidates' American-Statesman columnist Jesse Trev- Twenty years ago this month, five records or ideology. It is, in a sense, a call ino, who hectored Democratic-Party activ- Chicano activists sat around a table at the for affirmative-action voting — these days ists who believe that they can "substitute Fountain Room, near St. Mary's University advanced by Austin political consultant one liberal candidate for another" and still in San Antonio, and drew up an agenda for George Shipley (not exactly an affirmative- count on the Hispanic vote: a new party. As the name Raza Unida action sort of fellow). "The arrogance of the liberal wing of the unequivocally declared, it was a party A recent example was the reaction from party cannot be underestimated. At some founded upon the principle of ethnic some quarters to Supreme Court Justice point, and it may be in 1990, it will learn solidarity. That perhaps was both its Lloyd Doggett's announcement that he was a lesson that Hispanics have been too slow emotional and symbolic strength and its considering filing for attorney general in the to deliver: Hispanic support for a candidate practical weakness. But where the party Democratic primary. With Congressman that is left of center is not automatic. Ask succeeded, it did, in part, because it John Bryant, who had a legitimate claim Attorney General Jim Mattox what hap- addressed the vertical nature of political and to progressive support, out of the race, pened to him in 1986 against GOP upstart economic division in this nation, particularly Doggett was tempted to enter, even though Roy Barrera." in the Southwest. it would have meant resigning from the What happened to Mattox in 1986 was It is not by the Democratic Party's failure Supreme Court if he were to prevail in the that he was vulnerable to a challenge to nominate Mexican-American candidates primary and general elections. And, yes, because he had spent much of his first term that it is losing. It is rather, as Rodolfo Doggett had pledged, while campaigning in preparing a defense and then successfully Acuria argued in the pages of the L.A. 1988, to fulfill the obligations of his six- vindicating himself of commercial bribery Times, that the Democratic party has failed year term as associate justice. charges in a Travis County court. It might to provide a vision to compete with But as Governor Bill Clements said three be noted that Roy Barrera remains a GOP Republicanism. Cisnerismo, with its prom- years ago, one "cannot be in granite in a upstart. And that the support Mattox ise to use public resources to cultivate low- changing panorama." And for Doggett, the received at the Mexican American Demo- paying, private-sector, service-industry panorama was changing. The only progres- crats' convention in Corpus Christi in mid- jobs, does not offer that vision. L.D.

THE TEXAS OBSERVER • 5 John Odam An Activist AG John Odam is a trial lawyer practicing in Houston. He is a graduate of Baylor law school. From 1973-1976 he served as an assistant attorney general under Attorney General John Hill. In 1985-1986 he served as chief legislative counsel in the administra- tion of Governor Mark White. Odam was the chair of the Harris County Democratic Party in 1982-1984. He was interviewed by Ob- server Editor Louis Dubose on January 15 in the Observer office in Austin. Photographs of Mr. Odam are by Austin photographer Alan Pogue. An interview with the other Democratic candidate for attorney general, San Antonio Rep. Dan Morales, will appear in the next issue of the Observer.

Your campaign, as it started, was rather unusual. Rather than raising money, you were out visiting every county seat in the state.

Well, I had been involved in Democratic Party public politics for years, I mean for- ever, it seems. I strongly believe in grass- roots politics and input and organization. Having worked in the attorney general's office, I also know of the working relation- ship that should be established between the office and the people at the county level. Having served as chairman of the Demo- cratic Party in Harris County, I know how important the Democratic Party organiza- tions and the county chairs are in all the states. So, in August 1987, my wife and I started testing the waters and visiting a few counties. Frankly, I did not set out to visit all ALAN POGUE 254 counties . . . It was a fascinating educa- John Odam tional experience and the more we did it, the more I wanted to do it. We continued on and if it was productive at the ballot box. I think zation] together. Now, hopefully it has a life that is the base that we laid from August 1987 it was, and I would do it again for a couple of of its own, so I can devote more time to the — did some fundraising — to November of reasons. Number one, it was extraordinarily more metropolitan areas, the conventions, '88. It took me about 15 months to visit every educational. It was the opportunity of the and the raising of the money to get the name one of the counties in the state of Texas. I also lifetime, whether I get elected attorney gen- out — since I've not been in public office knew from politics, statewide political cam- eral or not. Second of all, we now have a before. paigns, you don't have time to do that later statewide organization. We probably right on. You don't have the time to do it now, in now have 225 county coordinators, or so, and You served as assistant attorney general, the last 60 days. a steering committee being formed. And the though, in what year? basis of that is people, particularly in the Do you perceive that it did you a great deal more rural counties, who took the time to I went into the office in 1973, when I was of good? Would you do it over again or could show me around so that I know them and they 30 years of age, and had three positions. First, your time have been better spent raising know me. I was special assistant to Attorney General money or doing something else? Money is extraordinarily important in any John Hill. And second, I was chief of insur- statewide race. It's still important to me now. ance banking division. And thirdly, I was Well, time will tell. We'll know in 60 days But that gave me the time to put [an organi- executive assistant to General Hill.

6 • JANUARY 26, 1990 The almost gratuitous question is, why are should be two things. Number one, overall, propose that it leave the attorney general's you running for attorney general? as a lawyer for the state, to protect the envi- office. I propose still that the attorney general ronment. That is the responsibility of the overall be accountable and in charge of child Well, I guess it goes back to that experi- attorney general's office. To do that on his or support in the state of Texas. But neverthe- ence that I had during those three years. I her own motion through the office of en- less, in certain areas, where you have such a have a deep and almost abiding interest in forcement of environmental protection. And huge number of cases, I think the attorney some of the things that we did back at that secondly, to have a working relationship general's office should look, with strict guide- time, and the way in which the office was with the state agencies. Again, going back to lines, to see if the local DROs, as they are conducted. And I have a strong feeling as to John Hill, where you had an attorney-client called, domestic relations officers, could help how I would like to see the office be con- relationship with those agencies, so that you move these cases. Because that's where the ducted, in some of the programs and areas. hope that they certify over and send the cases huge bulk of the cases are: Dallas, Houston, I'm a trial lawyer by training and experience, over so that you're going into court to en- San Antonio. That is one proposaYand that's so the experience in the office, my experi- force those regulations on behalf of the agen- the major part of it. ence as a lawyer — a trial lawyer— trying cies whose responsibility it is to protect the Secondly, I do not know the individuals in lawsuits, and my involvement with the environment . . . the child support division. My assumption is Democratic Party, just kind of all fits to- they're dedicated, tireless employees with a gether as a natural evolution over the last Would you go to the Legislature to seek huge caseload, huge work responsibility. So number of years as to what course I ought to measures that would allow the attorney consequently, I intend to put a high priority to take. That's it, I guess, in a nutshell. I just general's office to act more unilaterally than examine, once I get in office, what the man- think that my experience and background it does now? It is sometimes criticized for agement structure is. To see how it is set up. training propels me in that direction. Take being too dependent on those client agen- That doesn't go to the personalities involved what I've been doing in almost the last 20 cies. because I don't know who they are. But to be years, trying lawsuits, to offer that public sure that the case-handling, the management service and use those skills in the public . . . Yes, that's something I'm giving very of it, the distribution of it, is at its highest interest. serious consideration to. To beef up the levels. Those are a couple of major things I responsibility, similar to the consumer-pro- had in mind. Particularly this DRO contract. From your earlier experience working in tection area, where the attorney general can the office, what divisions need more funding, It's my understanding that there have also need more attention? Where do you see the been special masters appointed to try these need and what would you do, were you cases and many of them are without ade- elected? "Number one, quate — without secretaries, without bail- iffs, without courtroom space? Would you Well, first of all, we have already put out overall as look for more money in the budget to fund position papers on an appropriate role of the those sort of positions, bailiffs, secretaries— attorney general's office on the drug-en- a lawyer for forcement problem. I can more specifically In a lot of areas, again metropolitan areas, address that, but that's one key area. Another the state, to the special masters have responsibilities to key area, and again we've put out a position oversee the cases. And, yes, they need assis- paper on it, is the child-enforcement divi- protect the tance. And a lot of the money on the program sion. I feel very strongly that that is a major is funnelled from the federal government to area of the office. Then, thirdly, we'll be environment" the state government. So it's a matter of re- putting out a position paper in the next week allocating some of these resources that we or so on the attorney general's role on nurs- have. ing home regulation. And the same thing file lawsuits independently of state agencies. For example, what I'm suggesting is that with respect to environmental issues and You know, a couple of my good friends, for we contract with DROs, re-allocating some consumer-protection issues. In essence, my example, Phil Maxwell and Joe Longley — of those resources that we have. Perhaps we philosophical concept of the attorney here in town — Phil was chief of the environ- could more efficiently use some of the funds general's office is to enforce laws, protect the mental division then later Phil was chief of that would be freed up to assist the special public interest. The drug problem, child the consumer division. We've discussed the masters. So, yes, they need help . . . From support, consumer protection, environmental commonality of those two areas and the law visiting all these courthouses, talking with protection are the four cornerstones, if you and attorney general's responsibilities .. . special masters, talking with judges, talking will, that Attorney General John Odam will with the district clerks about, I've learned a be focusing on. You've talked a lot about child support. tremendous amount. What, specifically, would you do differently The other thing I'm talking about, on the We were both in Corpus Christi the day than what's now being done by General district-clerk level, all these cases have to be before yesterday, at the M.A.D [Mexican- Mattox? filed. Everything is handled through the dis- American Democrats] convention, and there trict clerk's offices. They are overloaded. was talk there from the Corpus Christi [leg- Well, the number one proposal that I sug- The counties and the district clerks' offices islative] delegation about environmental gested was that the attorney general's office are doing a lot of the paperwork on the filing protection. How1is the office used currently should look at or consider entering into of all these cases. So they're overburdened. and how would you use it to protect the contracts with existing domestic relations So in the addition to the special masters, the environment? offices — particularly in the metropolitan district clerk aspects of it need to be looked counties — to help move this tremendous at. There is a lot of paperwork involved on Well, first of all, I've met with a number of caseload. There's over 300,000 files that are when the money comes back, on handling it people who are involved in environmental open. Give you a little bit of history. It was at the district clerk's level, the district judge's issues in Corpus two weeks ago, to get their at one time completely handled by the De- level, through the attorney general's office. input on this, as well as telling them some of partment of Human Services. The Legisla- So, all of that needs to be re-examined. It is the thoughts I've had on it. ture moved it to the attorney general's office a huge part of the offices. I mean, 1,700 It comes back to protecting the public because it was thought that the DHS was not employees in that division alone, a $60 mil- interest. I think the attorney general's role giving oversight to the local offices. I do not lion budget. It's a disproportionate caseload THE TEXAS OBSERVER • 7 the state of Texas. That you're slamming the jailhouse door, you're putting people in jail. To me, that is, I want to say, intellectually dishonest. I don't want to create the false impression that John Odam, as attorney general, has responsibilities that are not there. The other aspect of it, that you have to recognize, is that the attorney general handled the Ruiz case on prison overcrowding. Now we have jail overcrowding. I think the attor- ney general should play a leadership role on seeing what can be done to solve the county • jail overcrowding. So another thing I pro- posed is that we look into use of existing facilities, such as hospitals or schools that are not being used, particularly in the rural areas. Rather than building a lot pf new prisons, to see what existing facilities that have been shut down because of the rural-health-care crisis could be converted so that you could ease the county-jail overcrowding by having the prisoners go to these, probably, more minimum-security facilities. So, that leadership role on the state prison and county jail system, and the crime strike force, are some of the ideas that I proposed.

Would you be in favor of alternative sen- tencing to keep non-violent prisoners out of maximum-security prisons by using things like electronic monitoring —

Yes.

There are political decisions as to what cases will be litigated and what cases settled. How about cases like the Ruiz case, the Edgewood v. Kirby case? Did they need to be litigated all the way through? Or could there have been a settlement on say, Edge- wood v. Kirby? Would you have chosen to defend the state in those cases, or would you ALAN POGUE have considered settling those cases? and responsibility in the AG's office. So you force. So that in the attorney general's office The number-one responsibility of the at- need to free up some of that, so that you can there would be an increased number of inves- torney general and the office is the responsi- devote more time and attention in the AG's tigators, an increased number of prosecutors, bility that no one else can undertake. That is, office to do some of these other things that that could work with the local DAs and whether you agree with the laws or disagree I'm talking about. county sheriffs on their responsibilities to with them, you don't make the laws. The investigate cases and to make the cases. That's Legislature does. You're the only one there Are there matching federal funds that have the number one thing. who has to take the hit for defending the laws. not been taken advantage of The second thing that I propose is that the So I start with the basic proposition that taxes that have been assessed on illegal drugs whether I agree with them personally or Not that I'm aware. No. — that was recently passed in the last Legis- philosophically, or disagree, that to maintain lature—be allocated to the attorney general's the integrity of the office, you've got to You mentioned drug enforcement, which office for the purpose of a grant program. So defend the laws. Secondly, I've tried enough is also part of your campaign. What do you the monies that are confiscated from illegal lawsuits over the last 20 years that I don't like see as the role that the AG's office could play drugs could then be distributed as grants to to prosecute cases that I'm going to lose. I in solving the drug problem? local law enforcement. Another thing I pro- don't like to lose anything in politics or in posed was that there be set up what I call a lawsuits. And I don't like to tlefend cases that Well, first of all, you have to take the Drug Free ,Texas Foundation, so that the I keep getting bounced on. I don't care if it's proposition — that I know from my experi- attorney general's office would seek money a workers' compensation case or I'm repre- ence — that the AG's office is basically an from the private sector to be set up in a senting some individual — it's just not right enforcer of civil laws, environmental, con- foundation with the attorney general, the to decline — to keep beating a dead horse to sumer-protection, and child support [laws]. I lieutenant governor, the governor, appoint- pursue it. So I guess what I'm saying is that recognize that. Second of all, I think that the ing people to the board. And then those I start with the philosophy that you gotta role of the attorney general is to provide monies be made available to the private sector. defend it. But at the same time, the attorney assistance to local prosecutors, local investi- Sometimes, as we all know, in attorney general's role comes back to what I said gators, local police, through what I propose general races, there is the improper percep- before. You're elected by the people to pro- to see us set up: a drug-enforcement strike tion that you're the chief district attorney for tect the public interest and you've got to take

8 • JANUARY 26, 1990 the responsibility of making a command cratic Party in Harris County, and practicing level where we have nine justices on both of decision as to whether you appeal or not. So law in Harris County the difficulty to run those courts. The dispersement — they are all I can say is that flexibility, whether to county-wide in Harris County for anybody, representatives under the Voting Rights Act. appeal or settle, has to be jealously guarded be they Anglo, African American, Mexican- But it might be a little more difficult for in the attorney general. You have to take the American. So I guess what I'm saying, first plaintiffs to prove the necessity of single- political flak, if you will, to go forward or not of all, I believe in increased minority partici- member districts on the Supreme Court. I just go forward. If you don't appeal a case and if pation. Number two, I believe in election of haven't studied it enough. you settle a case, you have to persuade the judges as opposed to merit appointment of public, if you will, to accept it if it can be judges. Number three, I support election of How about situations where local law accepted. judges by party as opposed to non-partisan. enforcement officers violate a citizen's civil But those are just judgmental calls that are And, consequently, the single-member dis- rights? This has become a common occur- part of the responsibility of protecting the trict, nothing better has been suggested to rence in the past 10 years and even more public interest. And I guess the other thing I increase minority participation at the voting common recently in Houston, Dallas,- and want to make clear is that you're elected as box, as well as minorities on the bench. several small towns. Is there a role for the attorney general by the people to do what's Now, again, that's personal philosophy. attorney general's office in these cases? right in the public interest. That's an overall It's also incumbent upon the attorney general philosophical recognition I have. You also to defend the statutes, whether you agree or Yes, I think there is an appropriate role for have this attorney-client relationship where disagree with them. And that's where I'm the attorney general's office because you you're the only attorney that represents those coming from. have a unique situation where there have state agencies. Sometimes those are in con- been allegations made about violations of flict. Hopefully, they would not be .. . civil rights by local law-enforcement offi- cials. I think that, probably, local officials I guess one case that conies to mind is the "My philoso- would welcome the opportunity politically Opal Petty case which was tried in Judge to have an outside agency — in the nature of Clark's, Harley Clark's court here, in which phy is that the attorney general's office — to investigate the state was ruled to have wrongfully have and assist in prosecution of a case. To not confined a woman in a state institution for - there should be have to take the heat on a local matter . . . I the mentally retarded for most of her life. The mean you have to take the heat on it at the jury decided in the case. Now it goes on to more minorities attorney general level. But it would give appeal. Now, without getting you to comment more, I don't want to say confidence, but I on that particular case, would you consider on benches. I guess that's as good as anything else, that some sort of mechanism or task force that you're not subjected to local, political, per- would decide which cases would be settled or know of no bet- sonal aspects of a community. So yes, that is appealed and which wouldn't? Or do you see an area I'm interested in. that as something the attorney general him- ter plan than self is responsible for? Current law still requires that the indict- single-member ment [against an officer accused of violating Well, if what you're referring to is —I saw someone's civil rights] be obtained locally. for the first time this morning in the Houston districts." Would you consider empaneling, at inter- Post that one of the Republican candidates, vals, a statewide grand jury to handle such Buster Brown, proposed some kind of a for- And then there's Judge Vela's ruling, cases? mal panel be set up to decide what's appealed Filemon Vela in Brownsville, on appellate and what's not appealed. Just reading the court judges. Do the same principles that you I haven't looked at it that much in terms of editorial in the Post of what Buster Brown just discussed apply to appellate court judges a state grand jury. I have reservations about proposed . . . my instincts are to not do — that they should be elected from smaller that because I also have the philosophy gen- anything like that. That you have the inherent districts? erally to support all local law enforcement responsibility to be a lawyer for the state, and the local grand-jury system. I'm just not elected by all the people, to bite the bullet and Yes. If you have, as you do in South Texas, prepared to say ' Yes, I support a statewide make those decisions, and not have some a recognizable constituency that is not dis- grand jury.' kind of a reviewing panel. That doesn't take persed. And that district down there lends the politics out of it, it just moves the politics itself to where you have a concentration of You think that it would represent an intru- to some other panel. Some panel is proposed, Mexican-American voters in the Rio Grande sion into local affairs? the governor, the lieutenant governor, the Valley, as opposed to going up towards speaker and chief justice, or something .. . Victoria. So yes, it's a different lawsuit. But Well, not so much an intrusion. It's a new You have to take the responsibility that it's the same basic concepts would apply there. concept, the idea of having people at a state- the attorney general's role to decide whether wide level of citizens to review a case at a or not, and how far, to appeal those decisions. And ultimately, I suppose, there will be a local level. That's something I just have to And that's just what you're elected to do .. . similar lawsuit filed concerning the Supreme give a whole lot more thought to, because I Court. Should the Supreme Court be elected believe in local government. On the other Another case that conies to mind is Judge statewide? Or should it be elected by dis- hand, I'd like to go back to what I said earlier. Bunton' s ruling on single-member districts trict? I have the greatest respect for local law- for district judges. What is your position, not enforcement agencies, and local prosecu- on the case itself, but simply on smaller Well, I think there has been a lawsuit. I'm tors, sheriffs, the local governmental system. districts for district judges? not positive, but I think it's been filed against And I think that that should always be the Court of Criminal Appeals, the highest strengthened. I don't want to leave the im- Well my personal political philosophy is criminal court. And what has to be shown in pression that I think that there's some lack- that I think there should be more minorities essence, and this is not the legalese, is an ing in competence there. What I'm saying is on benches. I know of no better plan pro- inherent inability to be elected. And it goes that in a unique situation, where there has posed than to have it by single-member dis- to the concentration of where the voters are. been an alleged violation by a public official, tricts. I know from being chair of the Demo- I think it's a little bit different at the statewide — sheriff, or police, or a jail situation, or a

THE TEXAS OBSERVER • 9 have criticized it for protracting the process; others have claimed that it tries to provide every bit of due process. In capital punish- ment cases, would you be inclined to support that sort of work?

The little bit I know about it, I would be inclined to support it. Again, I come back to the basic philosophy that, while I support, I don't want to say support, if that's the law then that's what the Legislature has deter- mined. But I think nevertheless, that the ultimate due process must be imposed. I mean, I have no reservations about being — that there be the strictest of due process in a murder case or a capital punishment case. Emphatically. Because of. the nature of the penalty. And clearly, all due process should be imposed to get to that ultimate point.

How about schoolfinance? Do you see the attorney general's office playing a role in the issue? The [Supreme] Court has ruled and it's obviously going to be back before Judge McCown' s — Scott McCown, isn't it?

Right, Judge Scott McCown.

Do you see a role for the AG' s office in school finance?

Yes, it certainly got there because of Edge- wood versus Kirby. It is now literally at the point of the special session that Governor Clements has called for February 23. Hope- fully, the Legislature will solve the problem without having to go back into litigation. As the task force pointed out, they're there to try to accomplish something before it goes into court. And if it does not, then it's back up to the attorney general. I mean, it's gone to the highest court. It's gone to the Texas Supreme ALAN POGUE Court. But then it's back to the plaintiffs and the defendant, [Education Commissioner — sheriff, or police, or a jail situation, or a we do not need to have, to my knowledge, the William] Kirby, through the attorney police officer — then I think that in that imposition of the death penalty in any more general's office to work out a solution. So, situation, it would help the public confi- cases than it is at the present time. I'm not yes, there will be a definite, clear role there dence, plus, take the political heat off the advocating that. I think that . . . the Legisla- on a major issue. local officials to have the AG come in there. ture — constitutionally — has spoken as to What I started to say ... is that the attorney that matter. Then, again, we come back to general should have a pro-active relationship How about the attorney general's role in what we talked about earlier: The responsi- with the Legislature on laws, and with the the carrying out of the death penalty? Are bility of the attorney general is to enforce the governor's office. Not to take away from you in favor of the death penalty — capital laws and public interest. And when the laws their responsibilities, but to have a working punishment? are attacked, to defend the constitutionality relationship with whoever the leadership is of those laws. and with the Legislature, to see that the I support the law that we have at the Legislature enact constitutional laws. present time. Again, the way that that is Do you have any personal reservations My view would be, if I were attorney carried out is, coming back to the defense of about capital punishment? general now, in a litigation setup like that, is the laws, is basically a responsibility of the I think we ought to have a working relation- office. When that comes up on a writ of Well, yes, I do, in the sense that it is, ship with the Governor, with the Legislature. habeas corpus, the attorney general's office obviously, the ultimate, ultimate penalty to For example, on Edgewood v. Kirby, to say, [inaudible on tape] to handle the writ on take someone's life. And the state should `Hey, let's don't have to wind up at the appeal, and to represent the state's interest never, never, never take that action if there is courthouse, letting our courts decide these.' when the local prosecution of the case has any doubt, or until the system has completely I think that the attorney general has a role of been attacked by the inmate or by the crimi- worked. involvement. You just don't work in two nal. So, yes, my personal view is that I think different arenas, and then if that fails every- the state of the law where it is now — I don't Considering your views on capital punish- body criticize the courts. You try to take a think that it needs to be strengthened any ment, would you be inclined to support the preventive medicine approach to the law to more than what it is — that is, more death work of the Capital Punishment Clinic that prevent those type of problems coming up in penalty than we have at the present time. But operates out of the law school here? Some the first place.

10 • JANUARY 26, 1990 If elected, would you consider putting Don't leave it to where the attorney general get someone else to do it as a special coun- together a plan or structure by which to has to wind up defending a situation." You sel." negotiate and serve as an intermediary be- have to be pro-active with the agencies, pro- tween the Edgewood plaintiffs and the defen- active with the Legislature . . . And I think Like John Hill representing [Republican dants—the state, in the person of Dr. Kirby? that is very definitely a role. And it comes Secretary of State] George Bayoud pro bono. back to what I said earlier — a preventive Yes, that is the role in general. You repre- medicine. If you're the lawyer for MHMR, Yeah, it's got to be handled. If the attorney sent Dr. Kirby. You are the lawyer for those you're the lawyer for TDC, you're the lawyer general will not defend the laws, somebody agencies and provide legal representation for Dr. Kirby and the state Board of Educa- else is going to. So, no, I wouldn't go that far and you are the one that deals with the plain- tion, that you take a pro-active role as a . . . Working with the Legislature as I have tiffs in the case. Yeah, absolutely. lawyer would as a private client and say over the years, I mean that's no threat to "Here is what I suggest that you do to get your them. They just say, "I don't care. We'll find There's little disagreement that system house in order so that you're not under a somebody else to defend us." I don't think was inequitable. You're suggesting that federal court order. Here's what I suggest to that that's a weapon that will get their atten- maybe had the Governor, the Legislature, the Legislature, that your role is to enact tion. It's not an effective tool. and even the Attorney General worked to- laws, to pass the laws, that constitutionally gether, the trial could have been avoided? will stand muster." Proposition 10 on the ballot was actively We will berate, we will bemoan, we will advanced by your opponent, Rep. Dan Mo- Oh, no, probably not because the basic criticize the court for taking it over. But that's rales. Proposition 10 was a proposal that challenges to it were — well the only thing a good cop-out, I don't want to say cop-out, requires juries be informed of the effect of that possibly could have been avoided was at but that's a good way of avoiding the respon- good time served and parole. Did you also some earlier point in the last number of sibility. To say "well, they shouldn't be doing support that or would you support it? months, if the Legislature had dealt with it— this in MHMR, these courts shouldn't be if Governor Clements had put it on the call. doing this." Well fine, if you don't like it, go Well, number one, I was not involved in But once the challenge was made, and once up the street to the Legislature and rectify it. that. I didn't go out and actively support it. it ended up in litigation, the only thing that And I didn't go out and work against it. I just could have been done would have been for was not involved with it. My perception was the Legislature to rectify the situation before that from a political standpoint, Mr. Morales it got all the way to the Supreme Court. I "Mr. Morales and Buster Brown just teamed up to get a few think if Governor Clements had opened up free headlines by taking a tough law-enforce- the issue on the call, then it wouldn't be there. and Buster ment stand. So I just didn't get actively But the basic inherent problems go back involved in it. longer than the last couple of years. Brown just Is it because, as you said, you're not the You know, this might be an unfair or an teamed up state's top prosecutor? unanswerable question. But here is a state that is governed by judicial edict — in a to get a Right. That's not the area where I would sense. You know, we have the Rodriguez probably put a high priority for the attorney case, the Edgewood case, the MHMR law- few free general to be involved in. It was an area suit, the Ruiz case, the judicial redistricting where I felt that Mr. Morales and Mr. Brown cases that are now coming down. What can headlines." were trying to get a free ride on the publicity the office for which you're running do to by use of a legislative issue to hype their avoid a state that's in sort of an administra- campaign. I viewed it more as a political way tive receivership to the courts? Do you see yourself doing, as General to put their pictures in the papers and to get Mattox tells me that he did at one time—and coverage of a Democrat and a Republican That's a very excellent question. And it's that's not to suggest that I don't believe him, candidate endorsing the same thing. a major area of policy. You're absolutely it's just that he's the source — going to the right. On the one hand, people berate the Legislature and saying 'If you all don't rec- How about minority purchasing and mi- courts for running our state. And if it were tify it, I won't defend it' — as in the state nority hiring within the agency if you were to Judge Justice on Ruiz or Judge Bunton, they education system prior to the passage of H.B. be elected? say "Well, the federal courts have taken over, 72. Is that more than pro-active? Is that an the state courts — our courts are making intrusion on the legislative prerogative? Overall, from what I know about the hiring laws. Our courts are dictating public policy." practices and policies by General Mattox, But why are they? They are because Yeah, it comes back to what we were and by his policy of encouraging outside plaintiffs have successfully filed lawsuits talking about before. I'm not sure that I counsel to hire minorities, I think it is always and they have been able to show to state and would go to that step. I don't doubt, knowing a high responsibility of the attorney general. federal courts that there is a constitutional General Mattox as I do, that he would have Purchasing is a factor, but I think that the problem in the laws that have been passed by stated that to be his position and said to the hiring, particularly in the professional aspect the state. So, what I think, to avoid that Legislature "If you don't do it, I not going to at the attorney general's office — and I'd appearance that we are in, quote, administra- defend it." As I said, the constitutional re- continue the aggressive program that the tive receivership, the Governor must provide sponsibility of the attorney general is to attorney general has, both in attorney posi- the leadership in the Legislature to solve enforce the laws that are passed. And it is too tions and non-attorney positions. And sec- those problems so you don't get into what much as a lawyer to say to a client or to the ondly, to encourage minority hiring in the you called it, an administrative receivership. Legislature: "This is what I propose you do. private sector that has to deal with govern- Now, the attorney general, whose job it is And if you don't do it, I'm not going to ment. I think that General Mattox, from what to handle those cases, comes back and says, represent you." All that happens then is that I have seen, has been very successful at doing as I think General Hill tried to have with the you wind up in a public debate. Or someone that. Governor and Legislature at that time, to else has to do it. It has to be detailed out. have this pro-active involvement. To say to Someone will say, "Well, Attorney General Do you see yourself as having benefited by the Legislature "Here's an MHMR problem. Odam will not defend these laws, you have to John Bryant' s withdrawal from the race?

THE TEXAS OBSERVER • 11 No question about it. bly would have come out alright. I got the would show that Mr. Morales is probably not endorsement of a 21-county organization of as pro-consumer-oriented, and is not as pro- In what sense? blacks in Northeast Texas over Congress- environmental oriented — probably a little man Bryant a few weeks ago. Hopefully, I bit more protective of the special interests as Well divided first into money and into will get the endorsement of the statewide evidenced by — You know when I started political organizations. I'm a practicing trial organization. It was kind of iffy — between out this campaign, my wife and I started out lawyer. While I have a very broad base of myself and Mr. Bryant. But I've garnered a with a clean legal pad, raising money from support for my campaign, a lot of the finan- lot of support and hope to continue to do so. where we could get it on individual contribu- cial supporters that Congressman Bryant had tions. Mr. Morales, you know, transferred in have now come my way. And I would not In your speech to the Mexican American about a quarter of a million dollars, essen- anticipate any of them are going to go to Mr. Democrats convention in Corpus Christi, tially PAC money that he had gotten from the Morales. So, I have benefited, without ques- from what I could see, you're not writing off special interests, particularly here in Austin, tion, in terms of financial support. Second of the Hispanic Community as a voting bloc. where he had served in the Legislature. So he all, organizationally . . . for example, I was You intend to campaign aggressively in South starts with a completely different background just endorsed by the Mexican American Bar Texas? and base of experience than I have. Association this past weekend, even though Dan was endorsed by MAD — and you were Absolutely. I've been to every one of these Fundraising. You say you started $250,000 there when I made my speech But I was 254 counties. I've sat down with the leader- behind. Have you caught up now? endorsed by the same day by the Mexican- ship of the Mexican-American community, American Bar. This weekend, I go to Dallas, particularly in South Texas and El Paso. In I'm not sure what the report that's due Progressive Voter League, PVL, and John Houston, we've got a tremendous amount of tomorrow will show, probably in the neigh- Wiley Price, who is one of my supporters, support. Philosophically, that's where I am borhood, in the last six months, $400,000 was committed to Congressman Bryant. John and I just think on a lot of issues I'm better, that was raised. Over the six months before Pouland was committed to John Bryant. John as I said to MAD, than Mr. Morales is. that, it was right at $200,000. Six months in Pouland is now for me. Commissioner Price As I acknowledged, the purpose of that that last year was about $100,000. I'm sure is now for me. I will seek, and probably have organization is to promote Mexican-Ameri- we've equaled to, and surpassed, where he is a better shot at the PVL endorsement, than can [candidates]. But I think on a lot of and where he will be, because of the network Mr. Morales, now that Congressman Bryant issues, I'm entitled to their support. So, yes, we have set up around the state. is out of the race. I will definitely continue to seek support in Next week — I mean — I was always the Mexican-American community. What's the primary going to cost? going to go to the AFL-CIO convention and seek their endorsement. But I know what the New provisions in state law allow the My goal is to raise six hundred to seven Congressman's record was, and it was going attorney general to go after developers who hundred thousand dollars for the primary and to be tough to go up against him. I've already don't fulfill their promises on water and spend it on the primary. Now that Congress- gotten a tremendous amount of support from sewer in colonias in South Texas, you would man Bryant is not in the race, we are not organized labor, therefore that moves me up continue — looking at a runoff, so that means spending it from second place to first place with organ- down in the next 50 to 60"days and then filling ized labor. I would continue on that. General Mattox up and going again against, probably, a very The Coalition of Black Democrats, I proba- has an excellent record on that, all involving well-financed Republican opponent in Pat the colonias down there. It's a very important Hill, Tex Lezar, or Buster Brown. So we will ANMRSON & COMPANY' role for the attorney general's office, without have to go for an equal amount or more for COFFEE a question. November. That's eight months. TEA SPICES TWO JEFFERSON SWAIM Fundamental differences between you and Yeah, that's the other side of the coin on AUSTIN, TEXAS Min your Democratic opponent? this early primary. 512 453-1533 Send me your list. Yes. The fundamental difference, as you It cuts down on the primary period but can tell from my background, is — and the expands the length of time that you're run- Name reason I'm running — is on the basis of ning against a known Republican. Street experience. Not only experience as a practic- ing trial lawyer and experience in the office, Which might put Democrats at a disadvan- city Zip and knowing the office. And I've paid my tage, considering the Republicans' success dues in the Democratic Party. I'm a "yellow- in raising money or spending their own dog Democrat." I've been through the whole money. process. Mr. Morales just doesn't know the state like I know the state. Experience in that Well, there's never been a Republican East Dallas office and experience handling lawsuits and elected attorney general of Texas. I do not trying lawsuits — which is the purpose of the want to go down in history as the first. Period. Printing office that we're talking about. And in my So, that is of utmost concern to me . . . experience with the elements of the Demo- When I announced in February, I said that Company cratic Party for 20 years. We have some very whoever decided to get in the race, Democrat fundamental differences. or Republican, I'd run the same type of Full Service campaign of substance, talking to the issues. Philosophical differences? And that's what I will continue to do. To Union Printing address the substantive issues. Ah, yes, probably, from what I can per- (214) 826-2800 ceive, which is best evidenced by one's vot- For another two months? 211 S. Peak • Dallas, Tx 75226 ing record. I don't have a voting record. I have my record of where I've been and the For 58 days. And then we start all over suits I've handled, etc. I think that the record again.

12 • JANUARY 26, 1990 Reconsidering Simpson-Mazzoli BY DAN CARNEY

Washington Francisco Garza, national director of the gal) residents with tough employer sanc- T IS DOUBTFUL that U.S. Rep. Bruce Mexican American Legal Defense and Edu- tions. Morrison has met Fernando Castillo, cation Fund is more direct: "It's not a family To the conservatives, fooling with that I Victor Quezada or Roman Hernandez. fairness program. It's a family unfairness package shows a lack of resolve to control The former is a mustached and good-natured program." immigration policy and to punish those who Democrat from Connecticut, and the others Apparently Congressman Morrison agrees, violate it. "Everyone understood that legali- are Dallasites, or former Dallasites, who have and is in the position to make some changes. zation would not be expanded, extended, or had brushes with the Immigration and Natu- Just six years after being elected to Congress, repeated," said Alan Nelson, the former INS ralization Service. he was made chairman of the House Judici- administrator who now works for the conser- The names of the Dallasites, along with a ary Committee's subcommittee on immigra- vative Federation for American Immigration handful of others from around the country, tion, one of the most fractious yet entertain- Reform. "This provision breaks that con- may work their way into Congressional debate ing panels around. Morrison has proposed a tract." this session when the House takes up the im- sweeping bill that would ban splitting up a If Morrison's bill is passed on the House migration issue. Earlier this month, the Dallas family by deportation. He introduced it last floor the deportation ban at least stands a INS district office backed off just before year and had scheduled a subcommittee vote reasonably good chance of becoming law. putting 3-year-old Fernando Castillo on the but postponed the vote until the beginning of Last summer, the Senate passed a similar stand in his own deportation hearing; Fer- the January 23 session. provision as part of a massive bill that in- nando is not old enough to understand much Morrison's quick rise stems in part from cluded both legal and illegal immigration of what is happening to him. To avoid depor- the divisive nature of the committee and has issues. With the same provisions in bills in tation, Fernando must demonstrate that both a Texas twist. His predecessor, Romano both houses, it is likely to be included in the of his parents are here legally or that his Mazzoli of Kentucky, the coauthor of the final bill that emerges from the conference mother is a single parent. Fernando was born Simpson-Mazzoli bill, the sweeping immi- committee, which will work out the differ- in Mexico. His father is believed to be in gration reform package of 1986, was siding ences between the House and Senate legisla- Mexico, and his mother is a legal resident of too much with conservative elements of the tion and send a single bill back to the bodies the U.S. subcommittees, according to a group of young for final approval. However, one possible Victor Quezada wasn't as lucky. The 35- liberals, including John Bryant of Dallas and snag on the House side is that Morrison's bill year-old was shipped back to El Salvador, Barney Frank of Boston. So the liberals is not part of a legal immigration bill. If it much to the disappointment of his wife and sacked Mazzoli. were included in the legal immigration bill, it four children, all of whom are either Ameri- In the summer of 1988, Mazzoli, without would have a better chance of passing. can citizens or legalized alien residents. It's telling his fellow Democrats, agreed to hold Morrison's subcommittee has so far been unclear what the Dallas office will do with a hearing in San Angelo at the request of unable to work out differences on legal Roman Hernandez, a 7-year old suffering Lamar Smith, a Republican who represents immigration — specifically the relative from eye cancer. Hernandez's father can suburban San Antonio and a. big chunk of importance of job skills versus family ties in stay here thanks to a federal program for farm West Texas. The decision angered liberals. the United States in granting immigration laborers. His mother and one of his sisters The San Angelo hearing was aimed at spot- visas. were rejected from the same program and are lighting labor needs of large farmers. Bryant And without the legal immigration legisla- in deportation hearings. Two other sisters are and others protested, forced a second hear- tion to pull it along, Morrison's plan could legal residents. Roman Hernandez's hearing ing in San Antonio focusing on the treatment face slower going. To try to force it through, is scheduled for January 22. of immigrants, and voted Mazzoli out of his Hispanic lobbying groups such as the Na- The Dallas INS office has been one of the chair at the end of the year. tional Council of La Raza and the Mexican more vigorous prosecutors of illegal aliens Now that Morrison is chairman, his bill, to American Legal Defense and Education Fund who have relatives living in this country say the least, should sail out of his subcom- are making it a prime focus of the session. legally. Most other district offices interpret mittee and stands a reasonable chance there- Slaughter says she has received a steady flow the so-called "family fairness" doctrine of after. In addition to banning deportations of of calls from the groups gathering informa- the Immigration Reform and Control Act of spouses and children, it eliminates the dead- tion about her cases to present to congress- 1986 more liberally, said Vanna Slaughter, line for applying for amnesty under the 1986 men. She said she is more than happy to help Program Director for Catholic Charities in legislation, softens sanctions against employ- because she supports a ban, which would Dallas, a group that represents aliens. ers who knowingly hire illegal aliens, and enable her to spend more time on different "As I've compared experiences with my orders the INS to provide worker-identifica- types of cases. "About half my caseload are colleagues around the country, we've got tion cards to those legal residents who want these types of cases," Slaughter said. ❑ one of the strictest district offices, if not the them. The bill has fairly widespread support strictest, on the family fairness issue." among Democrats, although the ID card is This publication is available controversial. Many Republicans and con- in microform from University servative Democrats are openly hostile, ar- Microfilms International. guing that the immigration reform package Call toll-free 800-521-3044. Or mail inquiry to. University Microfilms International, 300 North Dan Carney is a writer for States News of 1986 was a carefully balanced plan that Zeeb Road, Ann Arbor, MI 48108. Service in Washington, D.C. balanced amnesty for long-time (though ille-

THE TEXAS OBSERVER • 13 Silencing Bigots A University of Texas Policy Intended to Stop Racial Harassment Could Stifle Free Speech

BY BRETT CAMPBELL

F A GOOD compromise is one that man, UT Law School Dean Mark Yudof. But Yudof doesn't claim that his committee's makes nobody happy, then the Univer- to minority students, its effects are not subtle. report will cure campus racism. "We can't I sity of Texas' proposed racial harass- April Cheatham, of the University's Black expect too much," he says. "Discrimination ment policy certainly qualifies. The school's Student Alliance, cites recent incidents in- is a 300-year old dilemma, and a few words Black Student Alliance calls it "a piecemeal cluding fraternity T-shirts depicting a racist on a policy paper aren't going to remove it effort to pacify minority students." The Texas caricature of a black student, a student har- overnight. We hope that it gives students Civil Liberties Union thinks it threatens ex- assed by UT police for parking her car ille- who feel wronged a sense that UT cares pression of controversial ideas in the class- gally, and minority faculty members receiv- about this, that someone is on their side. I room, and opens the door to Big Brother at ing intimidating letters and telephone calls. hope we've taken the first few steps to reduc- the University. If they're both right, a policy Cheatham believes that the new policy ing the level of alienation. But a number of intended to push back racism and protect free won't prevent this sort of behavior. "It's problems will remain, and those debates will speech may do neither. intentionally vague," she said. "With a prob- continue — over issues like affirmative ac- UT's nine-member Ad Hoc Committee on lem of this magnitude, it's necessary for tion and recruitment. If we do implement the Racial Harrassment was appointed last everyone to know exactly where the line is policy, I hope people won't be too impatient, summer by president William Cunningham drawn, and this policy doesn't draw that and will be willing to give it some time," to recommend new policies to help the school line." The Black Student Alliance also ob- Yudof said. "maintain an environment free of racial in- jects to the policy's vague definitions and the timidation, humiliation, and harassment." The fact that the committee was appointed by HE FIRST recommendation is the committee heard from over 50 students and Cunningham. "A corporation wouldn't use creation of a race relations counselor professors during open public hearings, an internal audit to deal with such a serious position within the office of the dean consulted voluminous studies, articles and problem," said Cheatham, an international of students. "We heard over and over that stu- policies from other schools, and after a two- business and finance junior. dents simply didn't know where to go on this month deadline extension for private delib- But the policy's greatest flaw, according campus when they had a problem like this," erations, reached a unanimous consensus. to some black student activists, isn't merely said Yudof. "Now they'll have a place [where] Cunningham instructed the group that it that it lacks ammunition, but that it misses the people will be trained to help and not be a was "not a fact-finding body and . . . not target. "[Racism on campus] is less a matter bureaucratic barrier." The counselor would charged with making factual determinations of blatant name calling or writing on the wall have primary responsibility for receiving and with respect to alleged incidents of racial and more a matter of institutional racism," responding to harassment complaints, in- harassment on campus." Whether fact find- Cheatham contends. "[Minority students] see cluding using mediation services. "We found ing was omitted to prevent the airing of dirty white students passing on the other side of that the students who [said] that they'd expe- laundry or to avoid squabbles over proving the street [when they see black students com- rienced harassment weren't out for blood," such incidents, the body was placed in the ing]; or on the shuttle bus, some people Yudof said. "Often, just an acknowledge- peculiar position of devising a policy to fight would rather stand than sit next to a minority ment and an apology would have satisfied an unfathomed evil. So its report says that, student. Or they're in a class that deals with them." regardless of the reality, there's no question black students in a racist manner," Cheatham For cases that can't be resolved by media- that some students perceive that racial har- says. The new policy doesn't even attempt to tion, the report recommends the creation of a assment occurs at UT. solve these problems, although (in fairness to Race Relations Advisory Panel, consisting How much? No one really knows. While the committee) Cunningham didn't ask that of students, faculty and staff and appointed the National Institute Against Prejudice and it do so. by the president. The panel would investi- Violence lists 174 such incidents occurring To these students then, the policy amounts gate complaints and recommend to the ap- on the nation's campuses between Septem- to a white man's attempt to redefine the propriate university office a disposition of ber 1986 and December 1988, UT doesn't problem of racism on campus to encompass each incident. The report also calls for two record complaints in a separate "racial har- a small category of racist remarks, when in other committees: one selected by the presi- assment" category. Racial harassment poli- fact racial harassment is a deeper, more in- dent, to review the effectiveness of the new cies have become fashionable among elite sidious phenomenon that the proposed pol- policies, and one chosen by the faculty sen- schools like the Universities of Michigan and icy won't address. "We really don't see ate, to study creation of a multi-cultural cur- California. anything substantial coming out of this pol- riculum. In fact, however, the modern-day "race icy," Cheatham said. "We're looking for an Another innovation, based on the U.S. problem" at UT, as at other large, white- institutional and attitudinal change in the civil rights statutes, would treat racially majority universities, is much more complex ideology of . . . the university," she added, motivated violations of other UT rules as "an than shouted epithets or burning crosses urging greater efforts in recruiting and re- aggravating factor for the purpose of deter- (though such incidents still occur occasion- taining minority students and faculty, and mining the appropriate discipline or pen- ally). "It's a very subtle form of cultural providing a more diverse curriculum. (For alty." This policy, aimed more at action than alienation," explains the committee chair- example, BSA members are indignant be- speech, will probably be used more than a cause no African languages are taught in the proposed ban on verbal harassment. If a university's Oriental and African Languages student spray-paints an epithet on a dorm Brett Campbell is a writer living in Austin. department.) room, or screams it repeatedly at 3 a.m., and

14 • JANUARY 26, 1990 it can be established that the action had racist ter how narrowly you define this policy, it cut it off. So if the university chooses to leave motivations, the school's standard penalty does open a door, and once you let the gov- the "content" portions of the policy in place, for the act can be increased. This appears to ernment come in and say which speech is its chances of surviving a court challenge are be a laudable, workable and constitutionally- detestable or not, then the government will uncertain. sound way to punish racists whose acts or eventually open it all the way. Today it may Surprisingly, a week after the proposal speech transcend the bounds of civilized be used for a laudable purpose but ultimately was released, the faculty Academic Freedom discourse. it will come back to haunt us." To Harring- committee hadn't even read or discussed it. These provisions, if adopted, will proba- ton, Yudof's use of the emotional distress One group that had, a group of conservative bly turn out to be the most important part of theory resembles Jerry Falwell's unsuccess- students and professors styling themselves the policy on a day-to-day basis. But it is the ful attempt to end-run the First Amendment the Texas Coalition for Free Speech, decided punitive aspects of the plan that have already by changing the terms of the argument. In his not to oppose it, even though the Civil Liber- stirred up controversy. recent lawsuit against Hustler publisher Larry ties Union does. The coalition spokesman, Flynt, Falwell claimed that he wasn't suing Tony Martinez, admits that the group first NDER THE NEW policy, a student for libel, but for the emotional distress in- was concerned that a racial-harassment pol- found to have committed racial har- flicted by the article. But he lost, because, as icy could stifle expression of conservative U assment (defined as "extreme or Harrington notes, "you can't relieve yourself ideas, but is now satisfied that what the outrageous acts or communications that are of the constitutional problem by changing committee has proposed will not. It was only intended to harass, intimidate or humiliate a your description of it. If you allow the gov- a few years ago that similar conservative student on account of race, color or national ernment to define its way around the mes- groups supported the efforts of a right-wing origin and reasonably cause them to suffer sage then . . . ultimately you can use that group called Accuracy in Academia to purge severe emotional distress") could be subject [criterion] to define its way political speech. college classrooms of "Marxist" ideas. to disciplinary penalties, including expul- The issue is there no matter what you call it Except for TCLU's free speech objection, sion. This definition, based on a tort-law . . . if it waddles, it's a duck." It's impossible the racial harassment committee seems to theory called "intentional infliction of emo- to do justice to the convoluted legal argu- have performed admirably the limited task it tional distress," is one of the policy's innova- ments here, of course, but Yudof's emotional was assigned; and the non-controversial tions, and seeks to protect it from the fate of distress theory might now withstand the added portions of the policy, if adopted, should be the University of Michigan's racial-harass- strictures involved; the case precedents ap- useful measures to combat some of the most ment policy, which was based on "stigmatiz- ply only to use of emotional distress in law- overt manifestations of campus racism. The ing" speech and held unconstitutional last suits between private individuals. proposal will be debated at an open Univer- year. By focusing on the perpetrator's intent Harrington recommends that the univer- sity Council meeting January 29. Then UT and his language's effect on the victim, the sity drop the references to race in the policy President will rule on Cunningham definition attempts to circumvent the First and simply punish all verbal harassment, committee's recommendations, and the Board Amendment's prohibition of state policies shifting the focus to the manner in which the of Regents will have the final say. that inhibit speech based on the speech's idea is expressed instead of its content. "The But the anticipated debate over First content. remedy for bad speech isn't less speech, but Amendment issues threatens to obscure the Civil liberties advocates say that Yudof's more speech" according to the standard civil most significant revelation to emerge from clever attempt to finesse the First Amend- libertarian critique. this racial-harassment debate: that despite ment issue raises troubling free speech prob- To which Yudof, replies: "If you call me years of effort to bring equal educational lems. "I think what they're trying to do is three nights in a row at 3 a.m. and yell [an opportunity to all students at our state univer- great," said Jim Harrington, legal director of epithet], my remedy isn't to call you up at 3 sities, something isn't working. Minority the Texas Civil Liberties Union; "Racial a.m. and yell back." True. But the 3 a.m. call, students still feel alienated from their fel- harassment is a very serious problem, and we or the graffiti, are punishable regardless of lows. It's time for schools like the University see this frightening resurgence of it going on. content because the method of expression, of Texas to make a real effort to find out why But [this] remedy may cause more problems regardless of the content of the speech, — and to do something meaningful about it. than the problem itself." amounts to harassment. The augmentation 0 The worst problem is "Big Brother" gov- portion of the new policy would cover such ernment, according to Harrington. "The actions without recourse to the section ban- government becomes the censor of the ning racially offensive speech. This [speech's] content. We believe that in a free It should be noted that Dean Yudof is no society the government never has the right to closet McCarthyite; he's a respected First publication censor the content of speech — never, no Amendment scholar with a commitment to is available in matter how worthy the goal is. That is what freedom of expression. He chaired the UT microform American democracy is about — everyone committee that expanded free-speech rights has a right to speak, no matter how offensive on the West Mall (the campus's main public from University the message," Harrington said. forum) and argued on behalf of the poor Microfilms Harrington worries that the policy could school districts in the Rodriquez school-fi- have a "chilling effect" on the expression of nance ease, a predecessor to the lawsuit de- International. controversial ideas in the classroom and else- cided by the Texas Supreme Court last year. 0 Please send information about these titles: where on campus — even if the alleged Now he's crafted an ingenious plan to navi- perpetrator is eventually cleared by the terms gate the treacherous shoals that await any of the "severe emotional distress" standard. state policy that limits free speech. And his Company/Institution "If [somebody has] a view on some point, a proposal is less restrictive than any previous student could say 'this is racial harassment attempts. and causes me mental distress.' Even if [the But there's a reason those First Amend- Address speaker] ultimately wins, they have to go ment seas are so treacherous. The framers of City through the harassment and embarrassment the Bill of Rights recognized that today's State Zip of defending themselves," Harrington said. well-intentioned rescue mission might turn Phone ( Beyond stifling debate today, the new out to be tomorrow's buccaneer, and chose to Call toll-free 800-521-3044. Or mail inquiry to: policy could lead to even worse abuses err on the side of allowing too much debate, University Microfilms International, 300 North tomorrow, Harrington contended. "No mat- rather than providing the state the means to Zeeb Road. Ann Arbor, MI 48106.

THE TEXAS OBSERVER • 15 POLITICAL INTELLIGENCE

V TEXAS HOUSE Speaker Gib Lewis other major figures implicated in the Iran- "I should just stand here for ten minutes might finally have to pay the price for his Contra affair were barred from Costa Rica of silence," Warner said. But he didn't. pro-business politics. Lewis, to no one's by an order issued by President Oscar Arias. Instead he reminded House members that surprise, successfully used his position to A Costa Rican congressional commission they were about to exclude working people advance the interests of big business during has concluded that the Contra supply in the state from the rules of civil procedure a special legislative session on workers' network coordinated by North doubled as and from the standard rules of evidence — compensation last year. The Legislature a drug smuggling operation. both of which were decided upon by the passed a bill that by most accounts treats Texas Supreme Court. After the House big business far better than workers. Lewis's V HANCE WILL need all the help he adjourned, Warner said that he didn't want position so angered trial lawyers, according can get. Millionaire Clayton Williams is his "no" vote to be lost in a non-record to the Fort Worth Star-Telegram, that some giving Hance a run for his limited money, vote. "revenge-driven" trial lawyers "say they and Williams's reform-minded approach to A month later in Corpus Christi and plan to bring about the downfall of the Fort criminal justice is grabbing headlines. First, Warner is still talking about the workers Worth Democrat." The Speaker, known for Williams proposed that youthful offenders compensation vote: "It's got to be unconsti- his close relationship with the business would benefit from "the joys of busting up tutional," Warner said of the comp bill. lobby, has already drawn an opponent who rocks." Now, The Dallas Morning News "Look at the constitution of 1876. It's intent could present him with the toughest chal- reports that Williams is filling in the details was to establish the right of jury trial. We lenge he's faced in his 19-year legislative of his rock-busting reform program. He live in a state where if you're charged with career. Former Colleyville City Council suggested young toughs bust up the Big a misdemeanor you're entitled to a public member Charles Gore told the Star-Tele- Bend and recommended that a boot camp trial. If you go to small-claims court you're gram he believes he has at least a 50-50 for young drug offenders be opened at the entitled to a jury trial. Even a traffic ticket, chance of toppling Lewis. Trial-lawyer state-owned 215,000-acre Big Bend Ranch parking tickets, in this state are tried before money could improve those odds. At least in Southwest Texas. "Oh God, he's out of juries. How is it that workers are now one Fort Worth lawyer told the Star- control," Scott Royder, conservation direc- excluded?" Telegram that he was actively seeking an tor for the Lone Star Chapter of the Sierra Warner is not returning to the House. opponent to Lewis and although he had yet Club, told the Morning News. "It's prob- Instead, he is running against Judge J. to contact Gore, he was looking forward ably, since I've been in the environmental Bonner Dorsey of the Thirteenth Court of to meeting the Republican millionaire. field, the most ridiculous thing I've ever Appeals in Corpus Christi. Warner has heard of." taught law, done pro bono work in the V GORE'S PLEDGE to focus his Valley where he practices law, and consis- campaign on ethics already appears to have V THE CHAIRMAN of the Bexar tently voted right in the House. "Dorsey put Lewis on the defensive. In a January County Democratic Party traditionally re- is not bad," an Austin-based civil rights 1 letter Lewis encouraged House members mains neutral in Democratic Party prima- attorney said, "but Larry would be great." to report contributions "if there is any ries. But the San Antonio Express-News Warner is running at-large in a district question whether the expenditure was reports the tradition has been broken. where a stayed federal court order has properly made and reported by the regis- Chairman Joe Hernandez has signed up as already imposed a by-district system trant." Is Lewis attempting to bolster his a supporter of Attorney General Jim Mattox, image as a trustworthy public official and one of three major candidates vying for the to defuse the ethics issue? The letter was Democratic gubernatorial nomination. "I V WHERE WAS Bob Bullock? At a widely distributed to the press. And in some probably said yes before I realized who was candidates' accountability session that was circles, Lewis is seen as a protector of lobby going to be in the race," Hernandez told part of a conference organized by environ- interests and an obstacle to ethics reform. the Express-News. mental and consumer groups, under the The letter contained what could be perceived aegis of Public Citizen, only one of the as a reference to Gore: "Recently some V TEX LEZAR , a Republican candi- candidates for lieutenant governor showed reporters and a few candidates have tried date for his party's nomination for attorney up. And it wasn't Bob Bullock. "Bob to make ethics a campaign issue. The news general, is maintaining a party tradition. Bullock is not here," Republican Rob stories and press releases attempt to smear Lezar has launched a 30-second-television- Mosbacher said. "But he left a newspaper and paint with a broad brush. It has commercial campaign that once again article for you to read." concerned me to see good people tarred by demonstrates the Republican affinity for Bullock wasn't present. According to one innuendos and half-baked charges. Unfortu- slamming jail-cell doors. The commercial, of his two representatives who were, the nately, ethics is an easy issue to dema- which highlights Lezar's call for an end to Comptroller had a previous commitment and gogue." prison parole, opens with a gun blast and therefore was unable to attend. Mr. Bullock ends with the sound of a jail door being makes his schedule months in advance and V REPUBLICAN KENT Hance is shut. once he makes a commitment, he makes apparently more enthusiastic about Oliver no exceptions to change his schedule," the North than are the leaders of at least one V HE WAS the Last Angry Man in the Bullock campaign aide said. Organizers of Central American democracy. North is House during the final moments of debate the two-day Austin conference and candidate scheduled for two campaign appearances on on workers' compensation. Gaveled down forum, however, said that Bullock was behalf of Hance. The early February dates early in the last day of the session, while originally scheduled to attend then called for the San Antonio and Corpus Christi protesting House Speaker Gib Lewis's back and said that he would not be present. fundraisers haven't been finalized yet. But liberal interpretation of House procedural North is expected to make a speech at both rules, Port Isabel Rep. Larry Warner walked V THOUGH ROB Mosbacher men- events and, as a Hance campaign spokesman angrily to the front podium to make a final tioned the newspaper clip Bullock aides put it, North will also, "mix and mingle impassioned but futile argument against the circulated at the environmental and con- with Hance supporters." In July, North and passage of the comp bill. sumer-activists' conference, he did not 16 • JANUARY 26, 1990 suggest that he had been misquoted by Midland Reporter-Telegram business/oil writer Julie Jerome. Jerome quoted Mos- bacher, the featured speaker the annual meeting of the Permian Basin Petroleum Association in November of 1989: " 'I believe we can make peace with the environmentalists. As an industry we have plenty to be proud of what we've done in terms of protecting the environment. The saddest thing about the Valdez (oil spill in Alaska) was that Congress found a renewed enthusiasm for oil spill legislation.' "Mosbacher urged Congress to march forward with federal leasing of the Arctic National Wildlife Refuge." How did Mosbacher explain his entre nous discussion with West-Texas oilmen? He told the activists assembled in Austin that what he really meant in Midland was that he did not want Congress to rush into oil-spill legislation without careful thought about what needed to be done. Mosbacher is the President of Houston-based Mos- bacher Energy, an independent oil explora- tion company. He is also the Chairman of the Board of the Texas Department of Human Services. vf AT THE SAME two-day conference FILE PHOTO on consumer and environmental issues, Dan Phil Gramm: the Teamsters' Candidate Morales was also caught in an attempt to doctor the record. Morales circulated a poverty. The Center found that 34.2 percent a friend of labor, Stone said that Gramm "legislative report card" issued by a of Texas women do not receive prenatal care was largely responsible for bringing the consortium of public-interest groups that in the first three months of pregnancy, a supercollider to Texas. And that the follow the Legislature. But in reproducing grim predictor of future infant mortality. Teamsters had been supporting Gramm for the material for distribution at the confer- a long time. "We have been friends with ence, someone on the Morales campaign //i THE TEAMSTERS might have Senator Gramm since he was a Democratic staff deleted Rep. Morales's grade on come home to — and been bailed out by Congressman, before he changed parties," consumer issues. The grade was a "C". — the AFL-CIO but that doesn't stop them Stone said. He added that Gramm will Despite the protestations of a Morales aide, from going their own way on endorsement always talk to his constituents. "If you call who claimed that the material belonged to of political candidates. One of those him and he's not in, he will always return the campaign and therefore was theirs to candidates will be Republican Senator Phil your call." alter, conference moderator Dan Harrison Gramm. Texas Conference of Teamsters announced to the assembly that Morales had President T.C. Stone told the Observer that tampered with the record and that the the union will endorse Gramm. "We're an complete personal and business insurance consumer vote omitted was a "C". independent organization and we make our own endorsements. We endorse some ALICE ANDERSON AGENCY //1 ALISON LELAND, the widow of Republicans and some Democrats," Stone 808-A East 46th late Houston Congressman Mickey Leland, said. P.O. Box 4666, Austin 78765 (512) 459-6577 gave birth at an Atlanta hospital on January Asked how Gramm could be considered 14 to twin boys. Mrs. Leland was about six weeks pregnant when the her husband was killed on August 7 in a plane crash in Ethiopia. Mrs. Leland was in Atlanta to accept, on behalf of her late husband, a • Data Processing Salute to Greatness award from The King Center. • Typesetting

//i TWO RECENT studies gave Texas • Printing poor marks for care provided to pregnant women and poor children. Nearly one in • Mailing four children in the state lives in poverty FUTUM and one in three pregnant women receives COMMUNICATIONS, INC. no early prenatal care; only the poorest residents qualify for some government help. A study conducted by the Children's 512-389-1500 Defense Fund and the Washington-based FAX 512-389-0867 Center for the Study of Social Policy ranked Texas 39th among states in childhood 3019 Alvin DeVane, Suite 500 Austin, Texas 78741

THE TEXAS OBSERVER • 17 SOCIAL CAUSE CALENDAR

changes this century has brought to the AUSTIN OPENING American West. Adams's work will be Galeria Sin Fronteras will present a group on exhibit from January 20 to March 18 exhibit featuring a selection of mono- at the Amon Carter Museum in Fort types by artists from Austin, Los Ange- Worth. Call (817) 738-1933. les, and Mexico. The exhibition is set for a January 20 opening and is scheduled to run until February 10. The mono- SILVER- HAIRED types in the exhibit reflect a variety of POLITICOS styles, techniques, and concepts of the The filing deadline for the Texas Silver rich stock of contemporary Latino artists Haired Legislature is fast approaching. Working in the United States and Mex- Candidacy forms are available from the ico. The gallery is located in Austin at Capital Area Planning Council. The Sil- 1211 E. 7th Street. An opening reception ver-Haired Legislature is an elected group is scheduled for January 20. Call (512) of advocates for the elderly. Prospective 478-9448. candidates for the group must live within the 10 county CAPCO region and be at least 60 years old. The CAPCO region in- REDEFINED FIGURES cludes Bastrop, Blanco, Burnet, Caldwell, IN SOUTH TEXAS Fayette, Hays, Lee, Llano, Travis, and The Art Museum of South Texas in Corpus Williamson Counties. Candidacy forms Christi is kicking off its TARGET series are due at the CAPCO office no later than which highlights art from South Texas. BILL ALBRECHT 5 p.m. February 28. CAPCO is located The 1990 exhibition includes artists who at 2520 IH 35 South, Suite 100, Austin, employ the human figure as subject matter. OBSERVANCES Texas 78704. Call (512) 443-7653. The exhibition will be on view at the museum March to April 22. Each artist January 16, 1920 • Sale of alcoholic will present a gallery talk on his or her beverages banned under Eighteenth WORKING WOMEN work on consecutive Thursdays. A docu- Amendment. Women and Their Work will present mentary video is also planned, and it will January 17, 1970 • La Raza Unida dancer Sarah Brumgart for two perform- contain interviews with artists in their stu- founded by Chicano activists in Crystal ances of The Inquiry on February 2 and dios. The artists featured in the show are: City. 3 at 8 p.m. at the University of Texas at Stephen Gambill, Ed Gearke, Betty Mobley, January 22, 1968 • B-52 carrying four Austin's Opera Lab Theater. Departing Greg Reuter, Nora Sendejar, and Anne nuclear bombs crashes off Greenland. from her Silent White Dances of the past Wallace. The Art Museum of South Texas January 22, 1973 • Supreme Court le- four years, Brumgart performs this new is located in the Bayfront Arts and Sciences galizes abortion. work in collaboration with musician Park in Corpus Christi. The museum is January 23, 1907 • Charles Curtis of David Yoken, an internationally-known closed Mondays and holidays. The mu- Kansas becomes first Native American composer/ percussionist. Tickets, avail- seum is open 10 a.m. to 5 p.m. Tuesday U.S. Senator. able at the door, are $8 for the general through Saturday and from 1 to 5 p.m. on January 25, 1787 • Shay's rebellion public, $6 for students, and $4 for ad- Sunday. Beginning in February, adult protests the imprisonment of Massachu- vance purchase by groups of 10 or more. admission is $2. Docents are available to setts farmers for debts. Call (512) 477-1064. conduct free tours. To make reservations, January 25, 1890 • United Mine Work- call Education Coordinator Kathy Cramer ers formed. at (512) 884-3844. January 29, 1889 • Six thousand railway REFUGEE ASSISTANCE workers strike for end to 18-hour day. BOOK DRIVE Poet/Novelist Sandra Cisneros has or- MORE TEXAS ganized a book drive to provide reading Texas, the musical drama by Paul Green, material for detainees held in the Immi- celebrates its silver anniversary this year. couraged and obtained by writing Texas gration and Naturalization Service De- The 25th season opens June 13 in Canyon at Box 268, Canyon, Texas 79015. Tick- tention Center in Laredo. Cisneros re- and will run through August 25. Written ets are $10, $8, and $6 for adults. Chil- cently visited the center to conduct inter- by Pulitzer Prizewining author Paul Green, dren's prices and group discounts are views for a work in progress and was the play is a historical romance that high- available. Call (800) 655-2181. disturbed to find few books or reading lights the settling of the area. Performers material. Books and magazines in Eng- scale cliffs and ride horses. Indians perch lish or Spanish for adults or children are on rocks, surreys and wagons weave across AMON CARTER requested. Some detainees are held for the prairie, and an authentic train appears EXHIBIT up to two years. For information call during the finale. The play will be per- Robert Adams is regarded as one of the Leander L. Bethel, Pastor, First Presby- formed beneath craggy 600-foot cliffs in most perceptive landscape photographers terian Church, Laredo, at (512) 723-3424. Palo Duro Canyon near Amarillo and working in America. Adams has followed Mail material to Laredo Refugee Assis- Canyon. Performances are nightly, except in the steps of 19th-century western pho- tance Council, P.O. Box 3338, Laredo, Sunday, at 8:30 p.m. Reservations are en- tographers, but his images reveal the Texas 78044-3338.

18 • JANUARY 26, 1990 (Advertisement) A Public Service Message from the American Income Life Insurance Co.—Waco, Texas—Bernard Rapoport, Chairman of the Board and Chief Executive Officer

The Me II Decade BY JOHN YOUNG

Whoever named the 1970s the "Me Decade" by now the political arena. The politician and his supporter could surely has been routed from office. say that if another candidate didn't share the same What an imposter. Maybe to this blessedly nameless "traditional moral values" as Me, he or she was immoral. hack at the Office of Decade Nomenclature the '70s The Me II Decade was a fertile time for fundamentalism seemed like the Me Decade. Well, in hindsight it was — the pride in nailing one's own shoes to the floor, never as far off the mark as a Tammy Faye Bakker medley. to give an inch. Either you're with Me, says the Due to that miserable misnomer, all that remains is fundamentalist, or you're agin' Me. to name the 10 years past the Me II Decade, or the Me One could wonder whether, for some, religion was as Too Decade, or the Me Also Decade, or the Me Me much a glorification of Me, Myself and I as of any other Decade, or, possibly the Me Decade Multiplied by Two. holy trinity of note. Whereas one would think the notion Me-ness? Heck, it was just in its infancy in the '70s, of one God would have brought people together along just learning to crawl and squawk. In the 1980s it the way, in the Me II Decade it served to keep them graduated from business school, went into arbitrage, apart. Fathom that. made a hostile takeover of charitable intentions and In the 1980s ethnocentrism became a virtue once reduced those intentions to an answering machine and again. We'll stick to our kind of people (we being the a potted plant in a storefront lobby. chosen kind); you stick to yours. In the '70s Me was just trying on leisure suits, platform It wasn't so bad to be a racist in the '80s. I was out shoes and disco steps. In the '80s Me became covering Reagan's speech before a practically all-white institutionalized. Me held public office. For president in Baylor University audience in the fall of 1988 when the 1980 Me-thinkers elected a man who was no centrist local man from the Ku Klux Klan came by the office to — except as an egocentrist. see me. An egocentrist thinks of Me as the center of the He left a message: We're handing out pamphlets to universe. It's not that Ronald Reagan misunderstands folks along the president's motorcade route and we're the alignment of the cosmos (he has Nancy to explain being received well. it to him) — it's that Reagan embodies the notion that He was exaggerating, probably. "what's good for Me is good for everyone." Against this tide, and others similarly destructive, we To wit: We had group prayer in school. Should be saw activism decline in virtually all areas except in the good for everybody else. We got by without abortion or drug war. We saw ugly racial incidents on college birth-control clinics. Should be good for everybody else. campuses, like a monster presumed dead suddenly We put food on the table without government's help. wiggling its toes. Should be good for everybody else. We raised our kids It was all a part of Me consciousness in a decade in two-parent households. Should be good for everybody dedicated to Me. else. There is only scant irony in the fact that lamentable Well, it all seemed good. Cutting taxes, for instance, movie sequels were the trend in a decade named Me will benefit Me, regardless of what it might mean to future, II. And as we enter the 1990s no change is seen on unnamed generations and their decades. Corporate the marquee. takeovers benefit Me if I'm a stockholder, regardless of Which very well means, in box-office terms, that the the employees who may be shed. Me Decade could end up having more lives than Friday But greed is only the most obvious trademark of the the 13th. Me II Decade. Even in some of the supposed shifts away from Me, religion for one, social commentators were misled if they thought Me wasn't the prevailing force. John Young is Editorial Page Editor or the Waco Tribune- Religion was "back" in the '80s, but with a special Herald. This editorial from the December 17, 1989 edition spirit of Me-ness. Religion became a club to wield in is reprinted with permission.

American Income Life Insurance Company BERNARD RAPOPORT Chairman of the Bond and EXECUTIVE OFFICES: P.O. BOX 208, WACO, 'TEXAS 78703, 817-7724080 Chief Executive Officer

(Advertisement) THE TEXAS OBSERVER • 19 BOOKS & THE CULTURE Cine San Antonio BY STEVEN G. KELLMAN

he number of film festivals held Tony Plana pondering the relation between sentimental one, vulnerable to good inten- throughout the world each year— historical reality and cinematic story. The tions and social homily. Thus, in addition to T more than 400 exceeds the annual second, on February 3, will invite UT Austin recognizing AIDS: Facts Over Fear, they production of Hollywood features. What dis- film scholar Charles Ramirez-Berg, Chicano awarded first prize in the short fiction cate- tinguishes San Antonio's CineFestival from filmmaker Severo Perez, Cuban filmmaker gory to Dolores, a melodrama about an abu- Cannes, Venice, Berlin and New York, as Leon Ichaso, grants administrator Lillian sive father and husband designed to focus well as Oulu's (Finland) children's film fes- Jimenez, and Chicano Studies student Chon attention on problems of Latino family vio- tival and Trieste's science fiction festival, is Noriega to consider the question: "What is lence. Honorable mention in short fiction its claim to be the oldest Latino film show- Hispanic Cinema?" went to Lourdes Portillo's Vida, which, case in North America. The 14th edition of Whatever it is, it will be available in abun- through the sexual dilemmas of a single CineFestival begins on January 31, and its dance during the run of CineFestival. Though working mother, portrays the crisis of AIDS, mission is as always flexible enough to in- new works from Argentina, Mexico, and and Severo Perez's Dreams of Flying! Sue- clude films and videos made either by Lati- Peru will be shown, most of the offerings will nos de Volar, the story of two Mexican- nos or about Latinos. One of the more strik- be by or about Hispanics in the United States. American teen-agers who overcome family ing offerings this year seems worlds away Although several scripted features, including resistance to their attending college. Vecinos from salsa or sombreros; Dance of Darkness, Romero— which has already had a commer- Desconfiadosl Uneasy Neighbors—by Paul a 55-minute study in the avant-garde Japa- cial run — are on the agenda, the festival is Espinosa, whose acclaimed The Lemon Grove nese dance form Butoh, happens to have always strongest in non-fiction features and Incident was shown at an earlier CineFesti- been produced and directed by a couple named shorts, works that are almost never exhibited val before broadcast on PBS—is a fascinat- Velez. in commercial theaters, though sometimes ing study of a migrant worker camp that CineFestival originated as an assertion of make it to PBS. In recent years, when it sprouted in the midst of an affluent suburb of Chicano culture, a proud attempt to show- seemed as though Nicaragua contained even San Diego and merits its honorable mention case and encourage Mexican-American ef- more cameras than rifles, the violence in in the documentary category. forts in film. However, over the years and Central America was the most popular theme My own favorites among the works that I especially under the directorship of Eduardo at CineFestival. was able to preview include Onward Chris- Diaz, who recently stepped down to head the This year offers Nicarribe: Nicaragua's tian Soldiers, a trenchant analysis of the San Antonio Department of Arts and Cul- Atlantic Coast, a 15-minute portrait of the burgeoning evangelical movement in Latin tural Affairs, the festival expanded in both neglected eastern, anglophonic region of Nic- America, including the disturbing implica- scope and size. The 13th CineFestival of- aragua. Azul surveys the tradition of political tions of its role in political repression. If that fered more than 80 films and videos, from at engagement in Nicaraguan poetry, while Out film is best that lifts us out of the prisonhouse least eight countries. of the Mouths of Babes is a clever, witty jux- of custom and transports us to other realms, The 14th CineFestival, which has been taposition of United States intervention in then Before We Knew Nothing would have to moved from November to January, is the first Central America with a study of how a baby be counted one of the treasures of CineFesti- under new director Yvette Nieves-Cruz. With learns words and concepts, and In the Ab- val. An absorbing achievement in ethnogra- a reduced budget and a renewed [commit- sence of Peace examines the human toll phy, despite a lengthy sequence in which her ment to emphasizing works by or about exacted by protracted conflict in Nicaragua. hosts butcher, boil and devour a monkey, it is Hispanics within the United States], she has But it seems that AIDS has supplanted the record of several months that Diane assembled about 65 entries for screening Contras and Sandinistas as the concern of Kitchen spent among the isolated Ashaninka during five concentrated days — as opposed Latino directors. Winner of honorable men- Indians in the remote forests of eastern Peru. to the last Festival's 15 days. In addition, tion in the documentary category and of first Brazilian Jacira Melo' s A Kiss on the Mouth! CineFestival 1990 offers two public forums prize for a novice effort is AIDS: Facts Over Beijo na Boca takes you to the red light and several workshops. On February 3, Isaac Fear, a short informational piece created by district of Sao Paulo, to an understanding of Artenstein, whose feature Break of Dawn teen-agers from several New York City high the women who work there. Hell to Pay, by was the hit of the last CineFestival, will schools and aimed at skeptical adolescents. British directors Alexandra Anderson and conduct a workshop on self-distribution of Other offerings that deal with the epidemic Anne Cottringer, refracts the Latin Ameri- films. On February 2, producer Ray Navarro include At Risk!, a drama of AIDS in a high can debt crisis through the eyes of peasant will host a presentation on "AIDS, Media school; Viva Eu. Long Live Me, a portrait of women in Bolivia, which owes foreign insti- and People of Color." The first public fo- Brazilian artist Wilton Braga, who lived and tutions $4.8 million. Lourdes Portillo's La rum, on February 1, is entitled "Based on a died with AIDS; We Have the Force, another Ofrendra: The Days of the Dead will show True Story" and will feature University of view of New York teens confronting the you almost as much as you might want to New Mexico historian David Maciel, crisis; and AIDS in the Barrio: Eso no me know about the history and varieties of cele- filmmaker Lourdes Portillo, UT San Anto- pasa a mi, an examination of the impact of brations in Mexico and the United States of nio sociologist Avelardo Valdez, and actor the epidemic on the Puerto Rican community El Dia de los Muertos. By focusing on one of Philadelphia. spunky crusading peasant, a 49-year-old CineFestival is a juried exposition, and grandmother, Elvia: The Fight for Land and Steven G. Kellman is professor of compara- one of the pleasures of attending it is the Liberty, by Rick Tejeda-Flores and Laura tiv literature at The University of Texas at opportunity to second-guess the judges. This Rodriguez, provides an education in the land San Antonio. year's panel seemed to be a conscientiously reform movement in Honduras.

20 • JANUARY 26, 1990

1111111' Gus Van Sant's Mala Noche, an excursion into the world of hustlers, junkies, drifters and illegal immigrants on Portland's skid Wooden Oscars row, is of interest chiefly as the 1986 appren- The 14th edition of San Antonio's Short Fiction: tice work of the man who went on to make annual CineFestival will open January 31 Premio Mesquite — Dolores Drugstore Cowboy. Sur, the highly stylized and run through February 4. Screenings, Honorable Mention — Vida story of a man who returns to Buenos Aires public forums and workshops will be Honorable Mention —Dreams ofFlyingl after five years in prison, won Fernando held at the theater of the Guadalupe Suenos deVolar Experimental Solanas best director honors in Cannes. Cultural Arts Center, 1300 Guadalupe Premio Mesquite — Watunna However, among the fiction features that I Street, on San Antonio's Near West Side. Honorable Mention — Somaphon was able to preview by deadline, I was most Most of the more than 60 films and Documentary impressed with Sergio Dow's The Day You videos exhibited at CineFestival are en- Premio Mesquite — Dance of Darkness Loved Mel El Dia Que Me Quieras, a Colom- tered in competition, and jurors have Honorable Mention—!Teatro! bian-Venezuelan co-production set in 1935. already determined winners in most of Honorable Mention — Vecinos Descon Renowned tango singer Carlos Gardel comes the categories. However, neither best fiadoslUneasy Neighbors to perform in a small provincial town, and the feature film nor the recipient of the Spe- Honorable Mention —AIDS: Facts Over film dramatizes the extraordinary effect his cial Jury Award — that work of whatever Fear First Film/Video: one-day visit has on a few of the local resi- category that best captures the spirit of Premio Mesquite — AIDS: Facts Over dents. CineFestival — had yet been determined Fear How do you make a Venetian blind? as The Observer went to press. Works are generally subtitled when not Appoint him to the jury of the Venice Film Because winners receive a trophy made in English. Public forums and some of the Festival. The true aficionado will defy the of fine local wood that bears no resem- screenings are free. Specific information frailty of the eyes to spend hours in the dark blance to anyone's Uncle Oscar, the prize about the schedule of events for CineFes- gazing at a dimly lighted screen. CineFesti- is called Premio Mesquite. And the win- tival 1990 is available by calling the val offers hungry Texas cinephiles a rare ners are: Guadalupe Theater, (512) 271-9070.S.K.

opportunity to gorge on shadows. ❑ Patriotic Corps BY STEVEN KELLMAN

BORN ON THE FOURTH OF JULY . ernment and show little sign of relinquish- gonna win that war," he proclaims when Directed by Oliver Stone ing power. "I can't find the words to express called to the microphone for ritualistic fus- GLORY how the leadership of this country sickens tian. But the talk soon loses pep, and, in one Directed by Edward Zwick me," says Kovic to a TV camera after invad- of the most painful scenes in an unremittingly ing the floor of the 1972 Republican Con- painful film, Ron freezes on stage, speech- orn on the Fourth of July is the story vention that would renominate Richard less. of lost illusions, made all the more Nixon. Born on the Fourth of July finds "It's a fucking lie!" he later screams in a telling by being told through the il- B eloquent images to explain that sickness. beery, teary rage to his mother. "There's no. lusory medium of moving pictures. Except And, though it is hard to imagine anyone God! There's no country!" In this, Ron's for a belief in the power of communication, who has seen this film voting for the re-elec- lowest point, there's no point either. Urged every one of Ron Kovic's most cherished tion of George Bush, it is harder still to by his mother to settle for nothing short of ideals is exposed as a fraud. In the final se- imagine that any movie, however moving, perfection and by the TV image of JFK to ask quence, Kovic pauses to autograph a copy of can change the world if that world has al- what he could do for his country, Kovic was his book — the text on which Born on the ready developed mechanisms to neutralize responsive to Marine recruiting sergeant Tom Fourth of July is based — on his way to the movies by consigning them to "entertain- Berenger's challenge: "You find out if you rostrum at the 1976 Democratic National ment." Kovic's final illusion, shared by really are a man." He is flown back from Convention. The film ends on the threshold Stone, is that his vision matters. Loose that Vietnam immobile and inert, and not all the of fulfilling his mother's fond prophecy, that illusion, too, and Born on the Fourth of July whores in Mexico can put Ron Kovic to- her son would someday give an important is stillborn. gether again. In the aftermath of combat, he speech to a large audience. The world is Kovic was indeed born on July 4, 1946, a ponders what he accomplished through his about to hear the troubling truths that a para- post-War baby prepared from infancy for sacrifice, in particular what difference it lyzed, paraplegic Vietnam veteran is deter- another war. In the film's richly textured would have made had he not continued fight- mined to deliver. opening sequence, another Independence ing after a first, relatively minor, wound. They are, of course, the truths that director Day is being celebrated in his hometown, Intent on proving his manhood, he was un- Oliver Stone, who co-wrote the screenplay Massapequa, New York, with a patriotic manned, in a bloody adventure that now with Kovic, is intent on exposing in his film. parade. Young Ron is already enamored of seems puerile. Born on the Fourth of July is drawing huge the marching men in uniform, more than of Though Born on the Fourth of July fea- crowds, and it is likely to win as many awards Donna, the little girl with a precocious crush tures far less actual combat than his 1986 as a battle-scarred Marine has medals. But on him. Halfway through the film, Stone re- Platoon, Stone's new film is as much an jingoists still control the United States Gov- turns us to Massapequa for another July assault on the viewer. He attacks us with a Fourth parade: 1969. This time, Kovic him- steady parade of unnerving images and a Steven G. Kellman is professor of compara- self is in uniform, though unable to march resounding score, by John Williams,that tive literature at The University of Texas at beside the other veterans, on account of sweeps us into this generational epic. It is San Antonio. having lost his legs in a distant war. "We are hard to think of an extraneous shot or to

THE TEXAS OBSERVER • 21 forget visceral scenes — Kovic wallowing in ment to Negro emancipation is sentimental his own excrement in a rat-infested VA and superficial, the product of abolitionist hospital, seeking solace in a Mexican brothel noblesse oblige. Overly impressed by his bT HE TEXAS or being knocked off his wheelchair by exalted rank, he seems in love with his own Republican thugs. Tom Cruise, who sky- largesse. But he is genuinely pained by the rocketed to fame on the strength of Top Gun, flogging he orders for a sullen soldier, Pri- server an animated poster for Navy pilots, does vate Trip (Denzel Washington), who has penance in a bravura performance that ranges wandered from camp in search of shoes. from youthful belligerence through impo- Soon, Shaw is storming into the quartermas- Available at the following tence and nihilism to constructive rage. ter and forcing the bigoted bureaucrat to While Kovic is off in southeast Asia offer- supply his men with shoes, socks and uni- locations: ing himself to what he believed was a just forms. When the Army refuses to pay black Bookstop cause, boyhood friend Steve Boyer stays soldiers the same wages as whites, Shaw 1400 N. 1-35 home, as he puts it, "looking out for number renounces his own salary. Shaw achieves one." Steve becomes a wealthy entrepreneur, ultimate solidarity with his black recruits Austin the developer of Boyer Burgers. Each path, when tossed into a common grave. Old World Bakery suggests Born on the Fourth of July, self-sac- Though the film makes no reference to the rifice and self-interest, has resulted in a squan- 1863 New York City draft riot, in which a 814 W. 12th Street dered life. But what troubles Kovic even mob of poor whites perpetrated a pogrom Austin more than his own irreparable loss is the against blacks as scapegoats for an unpopu- Garner & Smith Books memory of a fellow soldier, a Georgia green- lar conscription. Glory offers abundant evi- horn named Wilson, whom he had acciden- dence that the Civil War was not fought to 2116 Guadalupe tally killed. His death, like all the other deaths end slavery, that the North was as racist as AuStin and disabilities in Vietnam, strikes Kovic, the South. Yet a track of choir music rein- who goes on to lead Vietnam Veterans forces the feeling that the 54th Regiment was Guild Books Against the War, as gratuitous and bootless. engaged in a sacred crusade when it marched 2456 N. Lincoln Avenue Stone's film offers no alternative other than against the Confederacy. The film concludes Chicago, Illinois awareness, in dubious faith that conscious- by freezing on a bronze frieze by Augustus ness can make heroes of us all. Saint-Gaudens, the monumental sculpture of Crossroads Market Shaw and his infantrymen that stands on 3930 Cedar Springs IKE RON KOVIC, Robert Gould Boston Common and that inspired Robert Dallas Shaw was a youthful soldier with a Lowell's poem "For the Union Dead." The L strong attachment to his mother. soldiers are frozen in heroic pose, and movie The Stoneleigh P "Dear Mother," he writes home, shortly after titles tell us that, though more than half of the 2926 Maple Avenue enlisting, at age 23, on the Union side in the 54th was killed in an unsuccessful bid to Civil War, "you mustn't think that any of us storm Fort Wagner, Lincoln credited them Dallas are going to be killed." In telling the ne- with saving the Union and with encouraging FW Books and Video glected story of how Shaw and most of his 180,000 other black volunteers. 400 Main, at Sundance Negro regiment were killed, Glory is another Glory, whose title never hints at irony, tale of lost illusions. Yet, while it mocks does not demystify the piety of carnage. Square Shaw's fantasy of immortality, it proclaims Though more than half the regiment is lost, Fort Worth enduring faith in martial glory. its illusions about the sanctity of the sacrifice Shaw was a Boston Brahmin whose father's persist. We are asked to regard it as a victory Brazos Bookstore connections with the Governor obtained him for civil rights when, to advance his egalitar- 2314 Bissonett a field commission, in fall of 1862, as com- ian notions, a young Romantic leads hun- Houston manding colonel of the first black fighting dreds of black men to the kind of martial unit, the 54th Massachusetts Regiment. Glory slaughter hitherto reserved only for whites. Guy's News Stand is the story of how young Shaw assembled, A more satisfying affirmation of black dig- 3700 Main Street trained, and led his collection of 600 freed- nity is the spectacle of Morgan Freeman, Houston men and runaways, proving to the world that Denzel Washington, Andre Braugher and blacks are as capable of discipline and valor Jihmi Kennedy, in a variety of complex roles, College News as anyone else. Their adversaries are not only carrying a major studio production. 1101 University the Confederate troops — for whom black "If I should fall," says Shaw to a Harper' s soldiers are traitors to be executed, not oppo- Weekly reporter before the final battle, Lubbock nents to be defeated — but also the Union "remember what you see here." I suppose Daily News & Tobacco leaders who deem blacks unworthy of com- that African-American history needs the 309-A Andrews Highway bat. "They're little monkey children," says memory of the 54th Regiment the way Jew- Colonel Montgomery, a Kentucky fop who ish history needs the memory of the Warsaw Midland considers black recruits good for nothing Ghetto revolt. But, while the latter was an act Paperbacks y Mas more than pillage. On behalf of his unusual of valiant desperation, the former expired in regiment, Shaw fights for the right to fight. a gesture of bravado. Shaw and his fighting 1819 Blanco Road So desperate is he to demonstrate their mettle blacks lost their battle but not their illusions. San Antonio that he volunteers them for a suicidal attack While the military infirmary — a veritable on Fort Wagner, an impregnable position on abatoir in which surgery is by saw and sans Books and News the South Carolina coast. anesthesia — that Glory shows us is every bit 301 State Line Ave. Just as William Travis's infatuation with as appalling as the VA hospital in Born on the Texarkana the romances of Sir Walter Scott led to his Fourth of July, director Edward Zwick and death at the Alamo, Matthew Broderick's screenwriter Kevin Jarre deny Oliver Stone's Shaw is an idealist whose rade mecum is a cosmology; for them, war is not hell but

volume of Emerson. At first, his commit- purgatory. ❑

22 • JANUARY 26, 1990 AFTER - WORD Inside the Alamo A Dispatch From Bexar County BY RODOLFO F. ACUS1A

San Antonio that the Alamo was a defenseless mission, patriot. T A 20 -YEAR REUNION of 1960s there were other myths, such as the character Overwhelmed, we concluded our tour. The Chicano activists held in San Anto- of the Anglo heroes of the Alamo. William parallels between what happened then, and A nio in December, organizers as- Barrett Travis, for example, was reputedly a what is happening now, are inescapable. Our signed me the task of leading a tour of the fugitive from justice, who, according to government, supported by a duplicitous Alamo. When I agreed, I thought the idea of prominent scholars, never drew that line in media, creates its own reality. At the Alamo, the tour was a joke. So when it began to the dirt and asked for volunteers to step only the official version is allowed; of the drizzle, on the day scheduled for the tour, I across it and help buy time for good old Sam invasions of Grenada and Panama, only the thought I had an excuse to cancel. But a Houston. In fact, the Alamo was considered government's version is allowed. In such a number of participants expressed interest in defensible, though its strategic value is an- climate, it is only natural that we make heroes the tour, and, as the hour approached, some other of many traditions invented by the of the Contras, based in Honduras and wag- three dozen families showed up to listen to good old white boys of Texas. Santa Ana ing war against Nicaragua. We make them the true story of how Mexicans won the should have bypassed the Alamo. the moral equivalent of the "fallen heroes at Battle of the Alamo. Jim Bowie was yet another myth. No doubt the Alamo." And all of this is so, not because Contrary to popular myth, Mexicans were he was a ferocious fighter, whose knife could it is true, but because Ang1O-Americans say not the aggressors at the Alamo. Texas be- eviscerate an adversary. But he was also a it is so. So much for epistemology. longed to Mexibo. Nor was the Alamo a slave trader; a man who sold other human We ended the tour paying our respects to defenseless mission. Like other missions of beings for profit. Hardly the type of person the brave Mexicans who had died attacking a those times, the Alamo resembled a medie- you would want going out with your daugh- well-fortified military post. More importantly, val castle, designed as a bastion of defense ter. we dedicated our walk through the Alamo to against those whom the missionaries consid- The legend and myth of Davy Crockett the victims of racism and exploitation that is ered infidels. Missions were usually built on also came under scrutiny. Illegal aliens, as I justified by invention of such traditions as high ground and their adobe walls were a prefer to describe white Texans, generally the Alamo. good five feet thick. I painted this portrait for portray Davy going down fighting. I have our tour-group, addressing myself to the seen postcards depicting Mexicans swarm- children of the sixties activists, reminding ing all over Davy — three Mexicans on his them that the Mexicans on the outside were right arm, three on his left, and another half the true patriots, since, after all, it was they dozen at his legs. The unwritten epitaph is who were defending their nation's integrity. obvious: "Davy went down fighting like a observer Anglo-Americans inside the Alamo had ar- tiger!" Crockett, in fact, surrendered and was rived in Texas after 1821 (most after 1832), tried and executed. TO SUBSCRIBE: so it was highly improbable that many had By this time we were ready for the tour of been born in Texas. the Alamo building itself. A sign instructed From the beginning, I made it clear that I us to remove our hats and remain quiet. Great had no intention of disrespecting the fili- care is taken by the Alamo's caretakers to busterers who had died inside the Alamo, but create a religious atmosphere. Name as a historian, I was required to point out that Inside, I dwelled on the architectural fea the Mexicans outside the walls of the Alamo tures of the building and the grounds. And the had also died — a fact that is often forgotten. contradictions between the myth and reality As I began to explain this point, three park of the Alamo. General Antonio Lopez de Address rangers interrupted our tour and ordered us to Santa Ana's inexperienced soldiers were, in leave the premises, advising us that only the fact, the underdogs, having less firepower "official" story of the Alamo was allowed. and protection than Crockett and company.

They also added that we were subject to And like Panamanian General Manuel Nori- City State Zip arrest. With these words of encouragement, ega, Santa Ana was an easy man for Anglos I' proceeded with my narration, until the to hate. Alamo curator appeared and asked why we And then there was the encasement of the were there and, apparently, realizing the bones of some of the Anglo heroes. The irony ❑ $27 enclosed for a one-year implications of censoring us, allowed us to of white Baptist and other religious funda- subscription. proceed. mentalists who criticize Catholics for pray- My lecture continued: beyond the belief ing to the Virgen de Guadalupe and the ❑ Bill me for $27. saints, here praying to the remains of falling heroes seemed amusing. They evidently saw Rodolfo Acurza is a writer and professor of no contradiction in venerating the bones of 307 West 7th, Chicano Studies at California State Univer- Davy Crockett — which perhaps in reality AUSTIN, TX 78701 sity, Northridge. are the bones of an unidentified Mexican

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