European Stars And Stripes (Newspaper) - February 28, 1989, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday february 28,1989 new study of porn limits planned Washington a the supreme court on monday agreed to take a fresh look at How far cities May go to limit sexually oriented businesses. The court will study a Dallas zoning and licensing Ordi Nance challenged by adult Bookstore owners motion Pic Ture Heaters nightclubs motels and nude Model studios. The challengers say the Law violates their Freedom of expression. Last week the High court ruled in an Indiana Cas that states May use anti racketeering Laws to get Tough on pornography. But in that Case the court also Rule that businesses dealing with sexually explicit materials May not be shut Down before a judicial determination that at least some of the materials Are obscene. The 1986 Dallas ordinance requires that sexually oriented businesses be at least 1,000 feet apart and at least 1,000 feet from any Church school residential area or Park. Any existing business in violation of the regulation has three years to move or shut Down. The businesses also Are required to obtain a License issued by the chief of police and must permit inspection of their premise during operating hours. In addition the ordinance bars anyone convicted Ofa variety of crimes such As promotion of prostitution from operating a sexually oriented business. And i requires that viewing rooms in adult Heaters be open to permit surveillance by management. The regulations also bar Motel owners from renting rooms for less than 10 hours a provision designed to discourage prostitution. The 5lh . Circuit court of appeals ruled Las february that the ordinance is a legitimate attack on crime Urban blight and declining property values. The court said the ordinance does not violate free speech Orother constitutional rights. The appeals court noted that the supreme court in1986 upheld a somewhat similar ordinance in Renton wash., restricting the location of adult Heaters. Operators of adult entertainment outlets in Dallas said the regulations in the Texas City Are much stricter. Supreme court they said dozens of businesses will be forced to shut Down because at least 106 establishments must Relo Cate and there Are Only 50 available locations. In other action the court agreed to decide whether the rights of White Crim Inal defendants May be violated when Blacks Are excluded from serving As jurors in their trials. The justices said they will hear an Appeal by Daniel Holland a Chicago area White Man sentenced to 85 Yearsin prison for rape kidnapping and armed robbery. Turned Down a Challenge to his conviction by Ber Nard Goetz who in 1984 shot four Young men he said were going to Rob him on a new York City subway. The court without comment rejected argument that Goetz was denied a fair trial. Goetz who was sentenced to a year in jail and fined $5,000, began his imprisonment at the riders Island jail in new York City last month. Refused to revive an affirmative action program in South Bend ind., that called for hiring More Blackland hispanics As firefighters and police officers. The court without comment let stand a ruling that struck Down the plan after it was challenged by a White Man denied a Job As a firefighter. Rejected reverse discrimination arguments by a White Vallejo calif., firefighter denied a promotion that went to a Black Man with a slightly lower test score. The court without comment let stand a ruling that upheld the Black Man s promotion to help achieve bet Ter racial balance in the department. Let stand a ruling that someone who plans a Bank robbery but is arrested before actually moving toward the Bank May not be convicted of violating a Federal Law prohibiting attempted Bank robbery. The court Over two dissenting votes rejected a Justice department Appeal that sought reinstatement of an at tempted Bank robbery conviction in a California Case.9 turned Down appeals by former rep. Mario Biaggi d-n.y., and former Brooklyn n.y., democratic Boss Meade Espositu aimed at overturning their convictions for exchanging illegal  court without comment cleared the Way for Biaggi s imprisonment on a 2 /2-year term. Espos Towas sentenced to two years probation and 500 hours of Community service. Federal agents arrest 79 illegal alien suspects when Jet lands in Atlanta Atlanta a Federal agents apprehended 79 suspected illegal aliens on monday As an Eastern airlines flight fro los Angeles made a Stopover in Atlanta. We believe this is one of the largest operations we be conducted that involves illegal aliens on Board commercial aircraft Here in the .," said Thomas p. Fischer District director of the Atlanta office of the immigration and naturalization service. This May be part of a massive alien smuggling operation he said adding that the ins would continue to target such flights. Ins agents acting on tips from confidential sources at Hartsfield Atlanta International Airport and from undercover operations around los Angeles boarded the plane shortly after its arrival ins spokesman Tom Thomas said. The plane was bound for new York. We had about 25 immigration agent son the Case Thomas said. Thomas said the ins sources indicated it had been a regular occurrence for the past 30 Days for illegal aliens to use the same flight and he estimated that thou Sands of illegal aliens had been smuggled across the country on Eastern airliners. It appears at this Point from outsources that it s almost a daily occurrence he said adding that he did t know How the aliens had got into the country. Thomas said Eastern had been very co operative in the investigation adding we Don t in any Way connect Eastern and Don twant to intimate that they were even remotely involved at this  in Miami on monday Eastern airlines spokeswoman Virginia Sanchez said Alli know is that the ins had told us they d be monitoring a flight this week and of course we cooperated with  thirty nine 9f the suspected alien were from Mexico 22 from Guatemala 13 from the dominican Republic therefrom Al Salvador and one each from Honduras and Ecuador. They were to be transferred to ins processing centers in Florida and Texas for deportations he said. They were among 179 passengers who boarded in los Angeles. We suspect that a smuggler assist them in boarding the aircraft in los an Geles Thomas said adding that the aliens Likely Are greeted in new York by relatives and another smuggler. Among the victims Barbara and Anthony fallen of Long United airlines flight 811 Over the a Beach calif., were among nine Passen civic. Fallon 49, was an Oil executive Gers who plunged to their deaths Friday his wife 48, was accompanying him to when a Hole was torn in the fuselage of Australia on a two week business trip. Many believe new nuclear Accident Likely a calf a or it i a a � air i _ a w. New York a half the americans in a National poll believe a serious Accident is Likely at a . Nuclear Power Plant despite safeguards put in place since the three mile Island Accident a decade ago. Fifty five percent of the respondents in the Media general associated press Survey supported the use of nuclear Power to generate electricity. But eight in 10 favored tougher Federal safety regulations and most opposed building new plants. Most also opposed starting up completed nuclear Power plants that Are not yet running. And while 48 percent said currently operating plants should Sta open 44 percent said they should be either phased out or shut Down at once. The National Survey of 1,162 adults had a margin of error of plus or minus 3 percent. It was conducted Jan. 4-12 in Advance of the 10th anniversary of the Accident March 28, 1979, at the three mile Island Plant in Middletown a. Tighter Federal regulation of the nuclear Power Industry resulted from the Tim Accident which destroyed one of the Plant s two reactors. In the Survey 63 percent said they believe nuclear Power plants Are safer now. However when asked to rate the Chance of a serious Accident at a nuclear Power Plant in the United states 11 percent chose highly Likely and 39 percent said Likely for a total of 50 percent. Thirty percent said serious Accident was unlikely and 14 percent said highly unlikely for a total of 44 percent. The remaining 6 percent had no opinion. An overwhelming 79 percent said the Federal government should be tougher in enforcing safety rules. And 62 percent said governors should have the Power to shut Down nuclear Power plants in their states. Regulation aside 56 percent said they believe it i impossible to safely store Long term radioactive waste from nuclear Power plants. Just 27 percent called Safe storage possible and 18 percent weren t sure. Support for nuclear Power was markedly higher among men and republicans. Two thirds of those groups supported nuclear Power generally compare with half the democrats and independents and just 45 percent of the women polled. Six in 10 women and As Many democrats said a Accident was Likely compared with four in 10 of the men and the republicans. While 58 percent of the respondents with High school educations feared an Accident that fell to 37 percent of those with postgraduate schooling. Only a third Overall said More nuclear Power plants should be built in the United states of those who favored More plants three quarters said they would accept one within 10 Miles of their Home. No new nuclear Power Plant construction permits have Bee issued since 1979. Just two in 10 said nuclear Power plants that have been completed but not yet licensed should be allowed to open. Such plants in Seabrook n.h., and Shore Ham n.y., have been stalled in part by opposition irom the governor in new York and in. Seabrook Scase the governor of neighbouring Massachusetts. Forty eight percent said the nation s 108 fully operating commercial nuclear Power plants should continue to operate 35 percent said they should be phase put gradually 9 percent said they should be closed immediately and 8 percent had no opinion