European Stars and Stripes (Newspaper) - August 21, 1991, Darmstadt, Hesse                                Pages b the stars and stripes wednesday August 21, 1991 lesbian kicked out of army can get new court hearing san Francisco up a a court of appeals ruled monday that the army May have violated a woman a constitutional rights when it kicked her out of. The service for revealing she was a lesbian. The ruling by the 9th . Circuit court of appeals allows former army Reserve capt. Dusty Pruitt a new hearing in los Angeles District court. That court was ordered to consider whether Pruitt a 14lh amendment rights to equal Protection under the Law were violated when she was honorable discharged against her wishes in july 1986. Although her lawsuit was based on first amendment rights to free speech Pruitt was still entitled to equal Legal Protection under the,14th amendment the court ruled. The army began proceedings against Pruitt in january 1983 after she revealed in a los Angeles times interview that she was a lesbian an had twice gone through marriage ceremonies with other women. After the article appeared her promotion to major was suspended and she was told the army planned to revoke her Security clearance. The army considers homosexuals a threat to Security and their lifestyle incompatible with military service. In response she sued the defense department and the department of the army in los Angeles Central District court. She charged that her first amendment rights to. Free speech protected her from being discharged on the basis of the newspaper article and her admission that she was a lesbian. In july 1986, the District court dismissed Pruitt a claim saying the army was entitled to its homosexual policy even though the service had not presented evidence to Back that policy. Pruitt appealed to the 9th circuit which ruled monday that while her claim of a rights violation under the first amendment was not valid the District when Paul Brown hops on his Honda his poodle Smedley often goes along for the ride. Brown of new Gloucester Maine said the two have travelled 30,000 Aiken , apr a judge caught in a Federal investigation of corruption at the South Carolina state House pleaded guilty to drug charges monday. Circuit judge James a a teen Ferguson who was a state representative when the legislature appointed him to the Bench last year pleaded guilty to two charges of possessing cocaine and one of conspiracy to possess cocaine while a legislator. He pleaded no contest to three other cocaine charges. In june Ferguson was convicted of extortion for taking $3,000 from undercover lobbyist Ron Cobb in 1990 while he was the democratic representative from Spartanburg Ferguson is appealing the conviction. Ferguson 40, has said he was targeted because he is court must reassess her claim under the 14th amendment guarantee of equal Justice. Pruitt did not claim 14th amendment violations by the army in her original suit but the  ruled that the evidence Pruitt presented was sufficient to support such a claim. The court noted that the facts by themselves a gave notice that Pruitt could easily Amend her complaint to state an equal Protection claim a an Opportunity she was not afforded. In addition to a new hearing the appeals court also ordered the lower court to determine whether the army so discrimination is rationally related to a permissible governmental  that determination could be considered a significant Victory for Gay rights according to Paula Ettelbrick an attorney for the Lambda Legal defense and education fund a new York civil rights group that joined Pruitt a suit. Quot it stopped Short of striking Down the army a regulation a Ettelbrick said but it also ordered the lower court to hear arguments on whether the policy is rationally related to the governments need for Security. A a we re at a real Crossroads with this policy a she said. A the ruling Means the Rainy a a going to Nave to put some Teeth into its regulations instead of this very Broad moral judgment that homosexuals would be vulnerable to blackmail by someone seeking state secrets. Ettelbrick said the ruling May present a Challenge to the army because it would be required to give specific reasons in Pruitt Scase about Why homosexuals pose a Security risk. She pointed out that Pruitt a record was exemplary and that the army failed to introduce any evidence that she was a threat. Army attorneys and Pruitt a Lead attorney could not be reached for comment. Miles together. On their trips Smedley slips easily into a harness but his interest in safety stops there. A Smedley wont Wear a helmet a Brown said. Black an allegation prosecutors deny. The charges stemmed from the Fri investigation operation lost Trust into the state House in Columbia. The probe resulted in bribery and drug charges against 27 people including 17 current or former legislators. Twenty have pleaded guilty five have been convicted. Neither Ferguson nor his attorney Gaston Fairey would say whether Ferguson would give up his $86,606-a-year judgeship. A Ferguson could be sentenced to up to six years in prison and fined $600,000 for the drug violations. Sentencing will take place after probation officials compile reports expected to take about a  outage in Idaho blamed on a Squirrel from wire reports Boise Idaho a a Squirrel crawled into an electrical substation and caused a Short circuit that temporarily Cut Power to almost 10,000 Homes and businesses last weekend authorities said. The outage began sunday morning when the Squirrel got into transformers causing the Short circuit that led to a two hour outage for 4,585 customers. Another 5,187 customers lost Power for a out six minutes an Idaho Power co. Spokesman said. The Squirrel was . Mayor won t run Pawtucket . Mayor Brian Sarault who faces Federal extortion charges in connection with an alleged City contracts for Campaign donations scheme said monday he would not run for reelection this year. He said he would not step Down but he would not seek to regain his office for a third term in the oct. 8 democratic  found in desert Monticello Utah a a lost tourist who wandered four Days in the desert said two cans of Beer Cactus juice and drinking his own urine helped him survive in 100-degree temperatures. A i thought 1 was supposed to die yesterday a John a. Cooney told rescuers. Cooney 60, of Philadelphia was listed in fair condition monday in a Hospital in Moab where he was being treated for dehydration and heatstroke.2 Gulf War vets German killed in head on collision Furth Germany a amps a two persian Gulf War veterans were killed in a two car collision that also took the life of a German Motorist army officials confirmed tuesday. Spec. Lawrence Forster 25, and sgt. Scott Martin 22, were assigned to task Force Phoenix in Katterbach Germany. The task Force is an aviation brigade that was recently transferred from Ansbach a 1st army div to Wurzburg a 3rd inf div. The Accident happened june 29, but was not publicly reported in part because of the unit switchover said master sgt. Hal leathers a spokesman with the 3rd inf div Public affairs office in Wurzburg. Forster was driving his private car on Highway b-14 Between Ansbach and Katterbach when he struck a German Motorist head on leathers said. Both americans and the German Driver were killed. Forster a uh-60 Black Hawk helicopter Mechanic was with the fwd aviation Maint co. Originally from Ingleside iii., he is survived by his parents William and Ruth Forster. Martin a Black Hawk Crew chief with co a was from Norfolk Conn. He is survived by his parents James and Doris martin.3 . Soldiers suspects in alleged Schweinfurt rape Schweinfurt Germany a three 3rd inf div soldiers were apprehended As suspects in an alleged rape of an 18-year-old German woman in Schweinfurt on sunday a division spokesman said tuesday. The three soldiers Are from co a 3rd in 64th Armor in Schweinfurt master sgt. Hal leathers said. The incident allegedly occurred near Conn Barracks in Schweinfurt. Leathers said an investigation is continuing by German and american authorities. Truck Driver interviews set the . Hunt transport will conduct  interviews at Nimberg and Stuttgart during a recruiting trip to Germany in an Effort to fill 400 jobs As truck Drivers in the United states. Interviews will be held from 9 . To 6 . Friday in the atrium hotel at 25 Minchener Strasse in Nurnberg and from 9 . To 6 . Tuesday in the move pick Airport hotel at 7 Rand Strasse in Stuttgart. Easy rider judge pleads guilty to drug charges