xt712j68646m https://exploreuk.uky.edu/dips/xt712j68646m/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 2003-09-29 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, September 29, 2003 text The Kentucky Kernel, September 29, 2003 2003 2003-09-29 2020 true xt712j68646m section xt712j68646m FORMER CIA DIRECTOR SPEAKS AT UK, DISCUSSES FOREIGN POLICY I PAGE 3

KMONDAYKENTUCKY

Women's tennis
are rebuilding
their team after
losing many
players last
year

I no: 5

 

September 29, 2003

Hearing to decide whether hold on ban will continue until judge
rules on legality; some restaurant owners say delay is good news

31 m m
snu'r mum

Some bar and restaurant own-
ers thought today would be the day
they stowed their ashtrays and
watched the smoke clear.

Instead. today is business as
usual.

An emergency injunction is-
sued by the Kentucky Court of An
peals Friday has halted the smok-

ing ban set to begin today for at
least another week.

The appeals court will have a
hearing on Oct. 6 at 11:30 am. to de-
cide on issuing a longer injunction
until Lexington Circuit Court
Judge Laurance VanMeter can rule
on challenges to the legality of the
smoking ban.

At the Sept. 22 hearing. Van-
Meter ruled against granting an in-
junction requested by the Lexing-

Celebrating 32 years of independence

Injunction halts smoking ban

ton-Fayette County Food and Bev-
erage Association. which wanted
more time to prepare its argu-
ments.

After the appeals court ruling
Friday, the Kentucky Supreme
Court decided no legitimate rea-
sons were presented to overturn
the appeals court’s injunction, said
Phil Scott, an attorney represent-
ing the Lexington-Fayette County
Health DepartI‘nent.

Lawyers representing local
restaurants and bars said they

See BAN on 2

INSIDE
Dialogue:
Smoking
ban good in
principle
but needs
more
limitations

I PAGE 6

http://www.kykernel.com

Smoking ban controve
has rich history natiomde

acted in 1998 and made it
illegal to smoke in indoor
workplaces, hasn'stag'eat-
1y impacted their .

But then again. it
hasn’t been heavily en-
forced.

“Neighborhood bars
let it slip sometimes."
said Ray Chin, manager
of Scott’s Seafood Grill
and Bar in Oakland.
Calif.

By Andrew Martin
srrlrr mum

Lexington is not the
only city where a smok-
ing ban has been contro~
versial. Bans in Califor-
nia and New York also
faced court battles and
social debate.

California bar and
restaurant workers say
the statewide smoking

ban, which was fully en- See HISTORY on!

 

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By Jeff Patterson
ASSISTANT SPORTS EDITOR

For three and a half
quarters. the UK football
team had Florida on the
ropes. But UK dealt a knock-
out blow to itself.

After leading 21-3 in the
fourth quarter, UK quarter-
back Jared Lorenzen threw a
costly interception late in
the game as Florida came
back to defeat UK 24-21 Sat-
urday in front of 70.579 fans
at Commonwealth Stadium.

This was not the first
time UK has lost a heart-
breaker to Florida. In 1993.
Florida overcame a late
fourth quarter deficit with a
touchdown reception by
Chris Doering to give Florida
a 24-20 victory in Lexington.

UK defensive coordina-
tor Mike Archer was with
UK in 1993 and is telling
them not to repeat history.

“Ten years ago I don’t
think that we ever put that

one behind us. because we
went to Indiana (the next
week) and stunk it up."
Archer said. “We have an op-
portunity to go to South Car»
olina on Thursday night (Oct.
9) in front of national TV and
show them who we are."

Until the final five min-
utes. the Cats (23. 0-2 South-
eastern Conference) showed
they could hang with Flori-
da.

Lorenzen sparkled.
throwing for 113 yards on 12-
for-17 passing through three
quarters. Arliss Beach bol-
stered UK‘s running game.
scoring three touchdowns.
And UK held Florida (3-2. 1-1
SEC) to 93 yards rushing in
the whole game.

But for all the positives
UK had working for it.
turnovers and penalties
soured what could have been
UK‘s first win over Florida

See AGONY on 4

BoSmithls 'i ,l.
congratulated '. " "

by Earven -
Flowers after an . ‘ '
interception on
the Z-yard line

in the fourth
quarter. This

kept the score

at 21-16 and

"It's hopes

alive.

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Housing to replace
warehouses near UK

JOHN rosm I KEIIIIEL SIAFF

No warehouses near the Reynolds Building will be converted into
apartments that may house up to 900 students.

Vinyl and brick buildings to be completed by 2005;
some residents concerned about students as neighbors

By lily Sctlffer III Mega: Bookie
courmaurmc warms

The Iexington-Fayette Urban County Planning Committee
approved a proposal Friday to replace some abandoned ware
houses on South Broadway with five apartment buildings that
could house about 900 students in 332 apartment units.

The apartments will be set up in three to four-bedroom
units, each with its own bathroom, said former Lexington may-
or Jim Amato, a lawyer representing the developers. The com-
plex will have central meeting rooms as well as workout rooms
with full equipment, a studio for movies holding 25 to 30 people,
swimming pools and basketball courts. he said.

The $25 to $30 million project will include vinyl and brick
buildings with two or three stories to be completed by 2005.

The apartments are only a few blocks from campus. so Am—
ato said he is concerned with pedestrian safety

“We will not proceed with the project if we aren't able to
get students safely to campus," he said.

Currently. approval for a pedestrian and cycling bridge is
being discussed with Norfolk Southern Railroad.

Since the apartments will be housing many students. the
neighbors are concerned with the change in atmosphere with-
in their neighborhood.

Lisa Smith. who lives on South Broadway Park. said she is
worried about the apartments. “1 have a lot of concerns about
the sudden change of a lot of people moving into a small place
all at once." she said. “The history of the area is small and
quaint and to have all of the students here may increase traffic
and noise. There will not be enough parking. making the resi-
dents start parking on our streets.“

Kendra Middleton. also a resident on South Broadway
Park. said she is concerned about students getting out of hand.

“I'm not really against it." she said. “I‘m a little worried
about the drinking and partying issue."z

Some students are looking forward to the new apartments.

“The apartments would be a lot closer to classes.“ said me-
chanical engineering freshman Aaron Kreke.

Students also feel that the apartments will add to the area
surrounding the campus.

“I think it would give the north side of campus a facelifi.”
said math and history freshman Matt Vied.

Since the apartments are so close to campus. students said
they hoped the apartments would be within their price range.

“The apartments are ideal for living off campus but also
being within walking distance to all of my classes." said Emmy
Durall. an undeclared sophomore. “Hopefully, they will not be
expensive."

 

E—mail kernekwukyedu

 

Wrecast

Pattersonstatuelooksawayfromcourtyardim:
Commltymemberssoundoffonsmokingbanim.

INSIDE

MOON
Phone: 257-815 I Email: WM

Classrfi' eds 2
m 251-2971 | E-Inaii: CW ;
Display Ads ;
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The Student Newspaper at the University of Kentucky. Lexington

 

 

  

2 I mv.s:mum29.zoos I mum

ALLIHENEHSIHALEIIS

The Low-down

Pollocoffloer’strlfldeteset

The trial for a Lexington Police
officer charged with sexually abus~
ing a UK student will continue on
Oct. 10. Officer Kevin Johnson Can~
non was in court for a preliminary
hearing Sept. 26. “His attorney
asked for a continuance, and we did-
n’t object to it." said Jack Miller. first
assistant county attorney of the
Fayette County Attorney's Office.
“They said they were having some
conversations," Miller said. Cannon
is charged with sexually abusing a
UK female athlete when he arrested
her in July for alcohol intoxication.
Cannon‘s attorney, James Lowry.
could not be reached for comment.
Cannon, a two-year veteran of Lex-
ington's police force. pleaded inno—
cent at his arraignment. He is cur
rently on paid administrative leave.

Homeless charged for shelter

LOUISVILLE —— Homeless fami-
lies are being charged $5 a night to
stay in the Salvation Army‘s down-
town shelter after a week. The local
organization started the fee this
month as an incentive to pull people
out of homelessness. said Maj. John
’Ilolan, the agency‘s director of social
services. But some homeless advoe
cates. angered by the new fee. are

pressuring the Salvation Army to re
verse its policy. “This is totally unac~
oeptable. It's pathetic." said Marlene
Gordon. executive director of the
Coalition for the Homeless. which
coordinates services among 25 shel-
ters in Louisville and Southern Indi-
ana. Tolan said the shelter makes ex-
ceptions for special cases. such as
people who are disabled or mentally
ill. "We‘re not putting families out
on the street." 'Iblan said.

Rallies protest Iraqi occupation

LOS ANGELES Thousands
took to the streets of Hollywood on
Sunday to protest the occupation of
Iraq in one of several weekend
demonstrations around the world
criticizing the Bush administration.
An estimated 3,000 people took part
in the peaceful march and rally.
some chanting. “George Bush. Uncle
Sam. Iraq will be your Vietnam."
while walking down Sunset Boule-
vard. Similar rallies were held in
Boston and San Francisco. and fol-
lowed international protests Satur-
day in London. Athens. Paris and
other cities. No arrests or injuries
were reported in the Los Angeles
protest.

COMPILED FROM STAFF AND WIRE m5.

 

 

 

HISTORY

Continued from page i

The law only mandates
that “no smoking“ signs
must be posted at all en-
trances and the owners and
managers must make a
f‘reasonable effort" to tell
patrons they are not al-
lowed to smoke.

“If they break it. local
bars look at it as only being
a $100 fine. and that's not
much.“ Chin said.

After the $100 first of-
fense, owners can be fined
up to $7.000 per violation
for a series of violations.

When California's ban
went into effect. some citi-

zens were in an uproar over
personal freedoms.

“I don‘t think there
should be a total ban.“ said
comedian Drew Carey in a
1998 CNN article. Carey led
a “smoke-in" protest in a
Hollywood bar in 1998 in de-
fiance of the ban. “It should
be up to each bar owner and
patron to decide if they
want to smoke or not."

Some owners and man-
agers agreed.

“There was kind of a
consensus that it's one
thing for restaurants. but
for bars. it was kind of in-
vasive." said Matthew
Dunn. manager of Paragon
Bar and Cafe in Berkley.
Calif.

Since
business

then.
hasn't

though.
suffered

 

MMMmol

were happy with the ruling.

“We're very pleased with
the decision." said John Wal-
ters, attorney for the taxing-
ton-Fayette County Food and
Beverage Association, saying
that it was the first step to-
ward the ultimate goal of pre-
venting the ban.

Walters said the food and
beverage association had
three major complaints
against the smoking ban law:
no state law supports a smok-
ing ban, certain portions of
the law are vague. and the
ban goes against the constitu-
tional rights of the owners to
run their businesses.

Walters said the clause
that said smoking is permit-
ted within a “reasonable dis-
tance“ of the entrance to a
building is too vague.

However. everyone wasn't
happy with the decision.

“For every day we delay,
more people are being put at
risk for astluna and heart dis-
ease,“ said Ellen Hahn, an as-
sociate professor of nursing.

Some restaurant and bar

owners had different reac-
tions to the injunction.

“It's good news." said
Barry Donworth, owner of
Kitty O'Shea's. “It's looking
pnetty good"

Donworth, like many oth-
er bar and restaurant owners,
said he is worried about the
feasibility of enforcing a ban.

“If we’re doing our job
and putting up signs and
telling people not to smoke.
we shouldn't be fined." he
said.

In the wake of this legal
development, many bars and
restaurants are converting to
smoke-free environments.

If the ban goes into effect.
Nicholson‘s Cigar Bar plans
to renovate its bar to give the
area a different atmosphere
and will still sell cigars even if
the ban goes into effect. said
Gary Works, manager of de-
Sha’s Restaurant and Bar.
who also runs N icholson‘s.

“Everything depends on
the ban" he said.

Other restaurants and
bars trying alternatives in
clude Pazzo‘s and McCarthy's
Irish Pub. which both opened
up smokefree sections.

So far. these bars have
had modest to decent success.
managers said. and they are
looking for business to contin-

ue to improve.

“(The smoke-free bar is)
packed on a busy night.” said
Willie Bodne. a manager at
Pazzo‘s.

Tom Behr, owner of Paz-
zo's, sees both sides.

He said restaurant own-
ers should have the right to
decide upon their policies. but
he is also a non-smoker who
does not like to go to restau-
rants filled with smoke.

“I personally like going
places where there's not a lot
of smoke." Behr said. “(But) I
wouldn‘t expect the govern-
ment to take care of it."

Other restaurant person-
nel do not see the smoking
ban in a negative light.

“I don't think it will affect
(local businesses)." said Kim
Frierson. assistant manager
at Tolly-Ho.

While the ultimate out
come of the legal battle re-
mains a toss-up. both sides
are still optimistic.

“There's some hope now."
Kitty O'Shea‘s owner Don-
worth said.

Ellen Hahn still believes
the ordinance will pass.

“I think public health will
prevail." she said. “It‘s not
over until it's over."

E—mail
amartinm kykernel. com

 

much. some said.

“Everyone just rolled
with the punches." said
Mike Wagner. owner of
Lanesplitter Pub in Berkley.

“People just kind of ad-
justed." Chin said.

On July 25. a statewide
smoking ban became law in
the state of New York.

Legal battles over the
ban have been filed in 8 fed-
eral court in Syracuse. NY.
State lawmakers said the
primary reason for the ban
was the protection of the
employees of the bars and
restaurants. according to
the New York Post.

The lawyers for the Em-
pire State Restaurant and
Tavern Association argue
that workplace safety issues
are addressed in the Occu-

pational Safety and Health
Act of 1970.

Smoking bans had al-
ready been passed in New
York City and Nassau Coun-
ty. N.Y. The Nassau County
legislation had been over-
turned. but the statewide
ban brought the ban back to
the county.

New York Governor
George Pataki and New
York City Mayor Michael
Bloomberg both have sup-
ported such bans.

Former New York May-
or Rudolph Giuliani had a
different opinion. Giuliani.
who had consulted officials
in Ireland about a proposed
national smoking ban there,
has said he favors gradually
changing the law instead of
outlawing smoking out-

right. according to the New
York Times.

In protest of the smok-
ing ban in New York. bar
owners across the state
planned protest rallies and
unplugged Quick Draw lot-
tery machines on several
occasions, according to the
New York Post. These lot-
tery machines. which are
popular at bars. cost New
York $1 million in lottery
sales the first two times bar
owners unplugged them.

“I think we should all
sit back and read 1984
again." said Don Ciciarelli.
owner of Quigley‘s Tavern
in Syracuse. NY. “We‘re be-
ing overgoverned. "

Email
amartinlgkykernelrom

I think we
should all sit
back and read
1984 again.
We’re being
overgoverned.”

- DON CICIARELLI.
OWNER OF OUIGLEY'S
TAVERN IN SYRACUSE, N.Y.,

ON NEW YORK'S
SMOKING BAN

 

 

SPORTSWEEKLY

CALENDAR

09l29|03 - 10|05|03

STUDENTS,PCOME OUT
AND SUPPORT voun
CLASSMATES

MEN’S SOCCER VS APPALACHIAN STATE
5:00 PM — UK SOCCER COMPLEX

VOLLEYBALL VS MISSISSIPPI STATE
7:00 PM - MEMORIAL COLISEUM

WOMEN'S SOCCER VS LSU

7:30 PM — UK SOCCER COMPLEX

FRIDAY
10 I 03

WOMEN’S TENNIS KENTUCKY FALL CLAS-

SIC, OCT. 3—5 - TENNIS CENTER

WOMEN'S GOLF WILDCAT FALL INVITATION-
AL, OCT. 3—5 - U-CLUB

Men's Golf @ Franklin St. Trust Invite,
Oct. 3-5 — Chapel Hill, NC.

Men’s Tennis @ All American Invite,
Oct. 3-12 — Chattanooga. TN.

SOFTBALL VS BELMONT

SATURDAY
1 O I 04

1:00 PM — UK SOH’BALL COMPLEX
Cross Country @ Louisville Invite — All Day

Women's Tennis @ All American Invite.

Oct. 4-12 - Los Angeles. CA.

WOMEN'S SOCCER VS ARKANSAS

SUNDAY
10 I 05

2:00 PM — U KSOCCER COMPLEX
VOLLEYBALL VS MISSISSIPPI

2:00 PM - MEMORIAL COLISEUM
Men's Soccer @ Bowling Green 1:00 PM

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