xt7qjq0sv38w https://exploreuk.uky.edu/dips/xt7qjq0sv38w/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 2003-10-07 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, October 07, 2003 text The Kentucky Kernel, October 07, 2003 2003 2003-10-07 2020 true xt7qjq0sv38w section xt7qjq0sv38w SHUMAKER SPENT THOUSANDS ON TENNESSEE HOME | PAGE 2


October 7, 2003

Lost in
better to
students |
no: a



Celebrating 32 years at independence

City smoking ban delayed again

By Hilly Schitter

Once again, Lexington’s pro-
posed smoking ban was stopped in
its tracks.

The Kentucky Court of Ap-
peals‘ three-judge panel issued a
temporary injunction late Mon-
day afternoon in Frankfort. The
injunction postponed the ban un-
til it can be ruled on again.

This is the second injunction
the Court of Appeals has issued
on the smoking ban; the first was
enacted Oct. 2.

The case will now be heard in
either the Kentucky Supreme
Court or Fayette Circuit Court,
where Judge Larry VanMeter pre-
viously ruled on Sept. 23 that the
ban is legal and should go into ef-

Judge VanMeter offered no
comment on the Court of Appeals”
ruling and did not know when he

would rule on the ban if it was
brought back to his courtroom.

In a 2-1 ruling, the panel said
the law, which prohibits smoking
in most public facilities, is vague
and requires too much of busi-
ness owners.

“We cannot ignore that sub-
stantial issues have been raised
concerning the scope of the ac-
tions required of business opera—
tors to prevent smoking on their
premises and to remove or 'dis-
able' ashtrays and other smoking
paraphernalia," wrote Judge Sara
Combs in the court's four—page de-
cision, reported by the Associated

“The ramifications of the lan-
guage of the ordinances are open-
ended and uncertain while penal-
ties for violation of these ordi-
nances range from considerable
monetary fines to criminal prose-

Combs questioned the civil


liberties of citizens under the

“Where do we go from break-
ing ashtrays to burning books?”
she asked.

John Walters, attorney for the
Lexington Food and Beverage As-
sociation, sided with the panel
and said the ban would be uncon-
stitutional if put into effect.

Phillip Scott, attorney for the
Health Department, said smoking
in public buildings is a detriment
to public health.

“We will use all of our efforts

to get the smoking ban into effect
at some point," Scott said.

Some said they felt public
health was more important than

“There are many health haz-
ards that people who don't smoke
shouldn't have to deal with," said
David Stevens, Lexington council-
man at-large.

judges postponedtbeban. Its


J0“! rosml mm STA"


Ellen Hahn, an associate pro-
fessor of nursing and advocate for
the ban, agreed with Stevens.

“Every day (the ban is) de-
layed there are people suffering,
so we need to get on with it," she

Owners and managers of lo-
cal restaurants and bars have
mixed feelings about the ban.

Tolly-Ho manager, Sandra
Milling, isn’t worried about the
possibility of the ban going into

“We are waiting to see what
happens,” Milling said. “Business
will be just the same (for) every-
one else. I think that if New York
City can handle it, so can little old

New York and California are
the only states with statewide
smoking ban legislation.

E-mail kernel@uky.edu



As Election Day ap
proaches, many politicians
are making decisions that
could tentially affect the
way 9 electorate views

Judge Larry VanMeter
of the Lexington Circuit
Court was in that position
when he ruled on the contro-
versial smoking ban- last
month, and he may be again
when lawyers for both par-
ties involved in the Le -
ton smoking ban deci
whether to return the case to
his court room or take it to
the Kentucky Supreme
Court. -

Although nearly two-
. thirds of Lexington resi-
dents agree that local gov-
ernment should be allowed .
to pass smoke-free laws. ac-
cording to the UK Re-
search Center, V r
said he can’t let those opin-
ions — the opinions of the
same people who may be vot-
ing in the election - away
his decision. ‘

“The worst thing I can
doasaju eislickmyfin-
ger, stick it the air and see
which way the wind is blow-
ing" he said.

VanMeter, who is run-
ning for the Kentucky A
peals Court from the 5
Apellate District, handed
down the Sept. 23 decision
that said the Lexington-
Fayette Urban County Gov-
ernment had the right to en-
force its proposed smoking
band, which it passed in July

VanMeter is running 4
against Larry Paisley. who ‘
was appointed to the Court



LexT ran program attracts riders


LexTran survey shows six percent increase this year;
Program allows free rides for students, faculty, staff

By Ellubetll Mutual!
smr wmrrn

Higher student ridership
findings are a positive reflec-
tion of LexTran’s Go Free
program, which allows UK
students, staff and faculty to
ride free, said LexTran ad-

“I think that this survey
will point out to students that
riding the bus is very conve-
nient,” said LexTran market-
ing director Jenny Williams.

LexTran‘s September sur-
vey, which found a six percent
jump in riders from those in-
terviewed in February, will
also help show state grant
money given to LexTran is go-
ing to good use, Williams said.

“(Students are showing)
an understanding of what the
Go Free service is and how to
use it," Williams said. "The
message is getting out, and we
find this very encouraging."

Two hundred and fifiy
students, 40 faculty members
and 60 employees were inter-
viewed for the survey by tele-

According to the survey,
19 percent said they used the
Go Free service.

Twenty one percent of
students, 9 percent of faculty
and 15 percent of staff say
they have used the service.

A similar 3 y conduct-
ed last February ported that
16 percent of students, three

percent of faculty and eight
percent of stall“ used the ser-
vice — 13 percent overall.

While these figures are .

only percentages and aren't
the actual numbers used for
funding purposes, Williams
said they are good indicators
of Lex’I‘ran's success.

“We can say. “Yes, we're
using the UK ridership mon-
ey,”’ Williams said. “(These
numbers) can be used to show
the grant is working.“

Sixty two percent of re-
spondents reported that the
most important reason for us-
ing the Go Free service is the
fact it is free.

This outweighed other
factors when deciding to use
LexTran, said Chris Nieman.
a political science sophomore.

“l“ve missed it a couple
times, and I have waited

sometimes for it," Nieman
said. “But it’s free, so I can't

The remaining 38 percent
reported that the most impor-
tant reason for using the bus-
es is the fact that they do not
have any other form of trans-

“I use the LexTran be-
cause there's not enough
parking at UK" said physics
sophomore John Carpenter.
“They're convenient if you
are living on campus. The
buses that go in a circle
around campus are usually
quicker than the ones that go
around town.”

Others agreed.

“I don't know what UK
would do without the buses."
said psychology and biology
junior Blake Arnold.

E—mail kernel@uky.edu

Percent of students who know that LexTran
give them free rides

Percent of those usin the Go Free sternum 7
didn't ride when '

Percent of students who have used Go Free


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New leave policy better for employees TM arm
SC football coach underestimates his team I no: a .

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Newspaper .1? the UTITII‘HTV ul Kentm try lermqlun


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Former llofL president lived lavishly in Tenn.



The lavish flourishes favored
by the last resident fill the
president’s house at the Uni-
versity of Tennessee.

From the $717 brick
mailbox on Cherokee Boule-
vard to the $7,000 Persian
carpet in the foyer, from the
$97,350 walk-in closet and
sun room addition off the
master bedroom to the $4,822
stainless-steel twin-rotisserie
gas grill out back.

John Shumaker left a
lasting mark on the Georgian
mansion known as Sequoyah
Place, home to UT presidents
and Chancellors since 1960,
before resigning Aug. 8 amid
growing criticism of his ex-
travagant spending.

The decorating and re-
furbishing tab after less than
14 months on the job:

That was after UT spent
nearly $800,000, largely in
donors’ money, on a whole-
house remodeling in 2001 un-


der his predecessor, J. Wade
Gilley '

Shumaker was given two
months to move out. He did
so last week.

On Monday the universi-
ty had a media open house.

“I think the house need-
ed to be upgraded," said In-
terim President Joe Johnson.

“It is good because it has
been with us all these years
and it will be with us for
many, many more years in
the future. It needs to be well
maintained and something
we can be proud of."

Johnson has never lived
in the house, even when he
was permanent UT president
in the 19905.

“I just think some of the
expenditures for the extra
added attractions, two or
three entertainment centers
and those kinds of things, we
could have done without," he

Shumaker personally
paid for one entertainment
system that included a plas-

ma television. He took it with
him, university officials said.
Remaining are two other
$7.000 systems. one of which
was improperly purchased
with the UT credit cards of
two staffers.

Shumaker also took his
bed and personal items from
the master bedroom, but left
the $6,573 in drapes and the
$2,985 green carpet.

Other items added under
his watch that remained:
$8,400 in gas logs and fire-
place inserts; $6,650 in patio
furniture and the $4,822 grill
—— to replace a $169 grill —
stored under a back porch
that is covered by a $3,454 re
tractable awning.

More than 40 cases of
wine —- a 2001 Chardonnay —
were stacked in the base-

A $20,000 kitchenette
added for Shumaker's sons
was spotless, and their two
added bedrooms empty. A
$1,361 invisible fence for dogs
that never made the trip from
his former home in
Louisville, Ky, remained.

Shumaker was president

of the University of
Louisville from 1995 to 2002.

A $30,116 telephone sys-
tem — with paging, inter-
com, voice mail and cordless
phone features — also was in
place, including one unit in
the master bathroom and an-
other in the home's elevator.

So was the $6,479 Sub-
Zero stainless-steel refrigera-
tor Shumaker added to the
large kitchen, close by a large
white marble countertop 1a-
beled with a “Property of
University of Tennessee"

A small stained-glass
lamp in UT’s orange and
white colors in a bookcase in
a small office off the master
bedroom was one of the
house‘s few reminders of its
real owner.

Mike Sherrell, who over-
sees the house as administra-
tor of UPS physical plant,
said the tennis court is crack-
ing and needs to be resur-
faced. Otherwise, “I really
don't think there is anything
left to change.”

Ijust think some of the expenditures we
could have done Without, ”






Continued from paqel

of Appeals in 2002 after the
retirement of another jus-

VanMeter. who as a cir-
cuit court judge gets to deter-
mine the docket schedule of
the court. could have put the
smoking ban case on hold
until after the election but
said he didn't want to wait
that long.

“If I can't make deci-

sions even though they're
tough. then I shouldn't be a
judge." he said.

He also had to make the
decision quickly because the
ban was set to start on Sept.
29. The effects of allowing
the law to go into effect or
putting an injunction on it
have to be considered. said
Stephen Voss. a political sci-
ence professor at UK.

“Once bars stop allowing
smoking. how easy will it be
for them to go back to the old
system?" said Stephen Voss.
a UK political science profes-
sor. when explaining the
questions a judge must an-

swer in determining when it
is appropriate to rule on
such a case.

Judges have a harder
time running for office be-
cause they are not supposed
to promote certain legisla-
tion or party politics, Van-
Meter said. “Courts are reac-

However, politics often
end up entering the judicial

“Judicial elections are a
lightning rod for special—in-
terest groups," Voss said.

In addition, judicial elec»
tions like what VanMeter is

entering are very low in visi-
bility, and many voters do
not even know much about
the candidates they are vot-
ing for, Voss and VanMeter
said. No matter what system
is used, it seems that politics
will not stay out of the judi-
cial realm, said Justin Crow-
der. an undeclared sopho-

“Either way, it‘s politi-
cal," he said. “If it’s appoint-
ments, it’s impressing the
president, if it’s elections —
well that‘s obvious.”

Email amrtimakykernelcom









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Wednesday October 8
3:30 - 4:30
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FREE Tickets available at the
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Seeking candidates with a Bachelor’s
and/or Master’s degree in:

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Computer Science a Mechanical Engineering

interested candidates, please visit us at the
Fall Career Fair

October 8, 2003, 10:00am-3zoopm,
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Terra Ramsdale
Assistant Sports Editor

Phone: 251-1915 | Email: tramsdaleOliyliernelxom






Interceptions for free
safety Muhammad
Abdullah, tying him for
fourth in the nation


Yards rushing Uli's
defense held Florida to.
on 29 carries


Sacks for a total loss of
93 yards by UK's defense
this season

Iy Jeff m

If you take to heart every-
thing that South Carolina head
coach Lou Holtz says, you
would think that his team
rarely wins. Holtz always says
his team doesn’t measure up.

UK head coach Rich
Brooks said he considers Holtz
the coach who most often un-
derestimates his team. “His
team is always too slow, too
small and not good enough,”
Brooks said.

This week’s understate-
ment regards his freshman
running back, Demetris Sum-

“He isn’t real impressive in
dummy scrimmage,” Holtz
said. “He doesn't have great

But backs that don't have
great quickness typically don’t
average 6-yards per carry.

“Against Georgia, afier the
game was lost, we threw him a
screen pass, and he went 37
yards for the touchdown,"
Holtz said. “We came back and
said, ‘We have to give him the
ball and forget how he looked
in dummy scrimmage.’ And in
the last two weeks he has
played exceptionally well for
us I!


“Like us,
their Win-
loss record
doesn’t say
how good
of a team
they are.”

After rushing 16 times for
68 yards in South Carolina’s (3-
2, 0-2 SEC) first three games,
Summers has bolstered the
running game. He rushed for
161 yards and three touch-
downs on 21 attempts Sept. 20
in a 42-10 win at the University
of Alabama-Birmingham (2-3).
Then, he followed that up by
rushing for 158 yards on 27 car-
ries Sept. 27 in a 23-20 loss in
overtime at Tennessee (4-1).

South Carolina, averaging
39.6 carries per game, is a team
that likes to run. And stopping
the run will be one of UK’s (2-3,
02 SEC) biggest priorities.

“It’s certainly one of the

-illi sophomore line-
backer Chad Anderson
on South Carolina


UIi linebacker Durrell White (9) stuffs


Florida back Ran Carthon In Flori-

da's 24-21 win over till Sept. 22. “It held Florida to 93 yards rushing.

biggest (challenges) we‘ve
faced this year," Brooks said.
“We've played a couple of
teams that could run the ball
fairly well and we haven't done
as well as I would like to do in
stopping the run. We’ve gotten
a little better in the last several
games, but we still have a ways
to go to be able to contain a tal-
ented and physical running


Junior offensive guard Ja—
son Rollins (strained shoulder)
has returned to practice and
will play against USC.

Someone stepped on sopho-
more linebacker Raymond
Fontaine's right foot in Sun-

day‘s practice, said Brooks.
There was a “pretty bad
bruise." Fontaine did not prac-
tice Monday and will be evalu-
ated today.


“To be bowl eligible. we
have to win four of the seven
(games remaining). So each
one we let slip away from here
puts our foot in the grave a lit-
tle bit further. We‘re running
out of games that we can make
up for it in the future. so we
need to step to the plate here."

—— Brooks said during a
conference Monday.





O'Neill, Ramsey receive
honors for UK soccer mom"

UK‘s soccer program re-
ceived two conference honors
this weekend when freshman
Riley O’Neill was named the
Mid-American Conference
Player of the Week for the
men’s soccer team and senior
Elizabeth Ramsey was named

Week for the women.

SEC Offensive Player of the

O’Neill scored both goals
for the men’s soccer team
against Appalachian State
Saturday in UK’s 2-1 victory
He also scored one of the
Cats' three goals against
Bowling Green State Sunday.
O'Neill was the second UK

player to receive the honor
this season.

The men‘s soccer team
also reentered the National

Soccer Coaches Association of

American Great Lakes top-10

poll at No. 9 this week.
Ramsey put on two strong

performances for the women’s

soccer team this weekend
against LSU and Arkansas.

Tim Couch leads
to victory over Steelers

Despite losing his start-

ing quarterback role to Kelly
Holcomb in August, Tim
Couch started his second
game of the season against
the Steelers on Sunday. Couch
threw for 66 and 79 yards on
the Browns’ first drive, ending
with a touchdown. Couch was
20-25 with 208 yards and two
touchdowns for the night. He
also rushed for 11 yards and
one touchdown. leading Cleve
land to a 3313 victory.




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Tuesday, October 7'h
4:00 - 5:00 pm.
207 Bradley Hall

Learn about study abroad
opportunities in Japan,
Vietnam, Korea, China,
Thailand, and other Asian
countries, and about
Freeman Scholarships for
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For more information,
contact: 257.4067, ext. 229.





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I think that it New York City can handle it, so can little old
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New leave policies more
mclusrve, could be costly

A recent liberalization of UK's sick and funer-
al leave policies highlights the university’s will-
ingness to be flexible in human resources deci-
sions. But the changes. in effect on Oct. 1. also
highlight a need for future improvements in em-
ployee-university relations.

The most noteworthy change is an expansion
of the policy allowing employees time off for fam-
ily illnesses. Previously family only included an
employee's spouse. any unmarried children living
at home or any other relatives living in the house—

Family will now include a spouse. children.
grzmdchildren. parents. grandparents. siblings
(including step-siblings. half-relatives and in~laws)
and any legal dependent of the employee. regard-
less of residence.

Accumulated leave time may also be used to
care for any other person living in the household
that the employee is obligated to care for.

Reading between the lines. the expanded defin-
ition of "family member" becomes especially Sig
nificant because of its inclusiveness.

The policy does include unmarried domestic
partners straight or gay said Mary Forlan.
who is [SK Human Resources Operations director
and a member of the Work-Life Task Force. a
committee that President I .ee Todd created to re-

search and consider such policy changes.

“It definitely is an enhanced benefit for the
employees." Ferlan said.

The less stringent wording of the new policy
indicates a desire within the university’s adminis-
tration to attract and retain diversity in its
work force.

There may be one unwanted side effect of the
policy changes: the cost. Ferlan said that while no
one has voiced criticism over the policy’s impact
on domestic partners. there have been
other observations.

“Any negative feedback that I have heard is the
financial or fiscal responsibility of doing this,”
Ferlan said.

Because the new policy also extends the num-
ber of days most employees can take off. it is pos-
sible employees will take advantage of that and
ultimately impact the budgets of their respective
departments. Ferlan said.

Because of this concern. we suggest that the
university revisit the issue after a certain amount
of time to study the policy‘s impact on university

All in all. we can only hope that the changes
indicate a willingness within the administration
to reconsider and possibly expand other UK hu-
man resources policies.



Edltortal Board
Andrea Uhde, Editor in chief
Josh Sullivan. Dialogue editor

Sara Cunningham. Managing editor
Paul Leightty. Asst. Dialogue editor


Here ’5 a Ioolr back at Kernel editorial board opinions from
last week. If you want to sound off on any of these, e-mail
the Dialogue desk at dialogue@kylrernel.com


The Kentucky Court of Appeals breathed new life into
smoking ban opponents' case on Sept. 26 with an injunction
of the ban until the full court could consider the law. (The
court ruled today that the case could either go to the Ken-
tucky Supreme Court or back to Fayette Circuit Court.)

This is a good opportunity to rework the law to be more
respectful of business owners. The chington-Fayette Urban
County Council could make a few concessions while still re
taining much of the law's spirit.

Smoking should be allowed to continue in bars. as adult
non-smokers are clearly capable of choosing whether they
will spend time in that environment.

Also. it would be reasonable to allow smoking to contin-
ue in businesses getting most of their revenue from food ser-
vice. given some strict guidelines. Officials could require ad-
equate ventilation systems and that smoking sections be
walled off and a considerable distance from non-smoking
sections. Restaurant owners could then be given the option
of adapting to the regulations or going smoke-free.


Lexington and UK’s college town plan represents a
promising venture for improving areas around campus and
streamlining the relationship between campus and

In early 2002, UK hired the Ayers/ Saint/ Gross Architects
and Planners firm to develop a campus master plan that
would integrate with the city. The plan is a blue print for fu-
ture development in the neighborhood bordered by Rose and
South Limestone streets and Euclid and East High streets.

We urge Lexington and UK to be forthcoming with the
public and local media on expected costs of the project before
making final decisions. And we urge the public to be under-
standing if it takes some time for these development efforts
to bring rewards.

We also encourage planners on the project to include ad-
equate support for alternative modes of transportation. such
as bicycles and buses. to help unclog our traffic-laden streets
and clear our lungs of pollution.


The recent debate in the media, courts and Lexington-
Fayette Urban County Council over the city’s smoking ban
ordinance has developed an intriguing offshoot. Community
and Council members are discussing an extension of Lex-
ington bars' closing hours from 1 am. to 2 am.

The proposal comes as an attempt to appease business
owners who anticipate revenue losses should the courts let
the smoking ban stand.

Extending the hours alcohol can be served is a good idea
for several reasons. It’s safe to say that a later last call would
be more friendly to college students. who sometimes travel
to Louisville and other cities simply to stay out later.

Regardless of the smoking ban’s impact on revenue and
the proposed ordinance change. what's good for business is
good for lexington.

If the city agreed to compromise with business owners
who feel threatened by the smoking ban, it would speak fa-
vorably of Lexington.


The Dialogue page is looking for some poignant humor -
and you can express it via the visual artist lurking deep within
you. Kernel cartoons provide a great opportunity for lampoonlng
campus life and local issues. Whether the smoking ban has got
you down or the monotony of daily routine is matting you antsy.
you can take a step back and smile on the Dialogue page. The
Kernel otters paid positions to interested cartoonists. Drop the
Dialogue editor a line at jsullivaantyltemalxom.


The Dialogue page is looking for submissions from all corners
of campus. Are you a leader of a student organization searching
for a way to reach citizens? The Kernel is read by thousands at
people daily. Are you a student with a gripe about camws issues?
The Dialogue page is a great way to discuss current events.
Maybe you just need some extra cash to blow at the bars on Fri-
day night. The Kernel ofters paid positions to interested writers.
Drop the Dialogue edit