Arizona Republic from Phoenix, Arizona • Page 11

REPUBLIC MIS B2 THE (jMf REPUBLIC FRIDAY, AUGUST 14, 1987 Appeals judge blocks order closing bookstore that rented adult video mmmmmmmmmmwmm P. Koopman of Maricopa County Superior Court. The controversy erupted after Koopman used a little-known state law that gives a Superior Court judge the authority to revoke the state licenses and city operating permits of any business that is convicted of a felony. Koopman applied the law after Bauer and the bookstore were found guilty by a jury April 16 of two counts of renting or distributr ing an obscene item in the April 1, 1985, rental and April 9, 1985, possession of a videotape. But in his June order, Koopman allowed the store to remain open for 60 days pending an appeal.

In addition to revoking the store's the judge placed Bauer on three years' probation and levied a fine of $27,400, Defense lawyers for Bauer and the store contend in the appeal that revoking the store's licenses was unconstitutional. They argue in court papers that the order was an "impermissible prior restraint" of Bauer's First Amendment rights because Koopman was determining that other store items are obscene before a jury has made such a decision. Although individuals and corporations can be charged with providing obscene items under state law, a jury determines whether a specific movie or other sexually explicit item actually is obscene. 3 cheers: Billboards tout 'Ollie' By JILL A. JORDEN The Arizona Republic Like many people, Michael Grow and Harold Scott have strong opinions about Lt.

Col. Oliver North and his position in the Iranian-contra affair. And they want all of Phoenix to how they feel. r. Grow and Scott, who both are in the outdoor-advertising business, paid about $450 to put up three billboards proclaiming "Honest 01-lie!" "We did it as a public service because we think Ollie's great," Grow said.

"He's a public-spirited individual, and we wanted to publi-cally show our support for him." The two men watched North's 'ielevised testimony in July before 'congressional committees investigating the affair and decided they J'liked his honesty," Grow said. "Mm "i ''M'tMimfi't 1 ftd" ,1 jirfH III fi'' 8 I18 'WA opinion from tribal courts was sought concerning the council action. "The tribal courts advised that it was a wrong action," Wilson said. "So, the council turned around and fired all the (three) judges." A Colorado attorney who was hired to survey the Zuni court system last year, Ronald Peterson, testified that he found a number of problems. Peterson said that the courts had no accounting system and that judges often took handicraft work from criminal defendants as payment for court costs and other expenses.

"It took me an hour and a half one time to explain to someone that he did not have to plead guilty to a crime," Peterson said. "The man was astounded." Peterson also said that files often were removed from the court system and buried in a former judge's office and that cases of important people on the reservation often never went to trial. North testified about his role in the secret operation in which the U.S. government sold arms to Iran Sand then diverted the profits to anti-leftist Nicaraguan rebels. Grow is an account executive for Outdoor Systems and Scott prints signs for the Billboard Poster Co.

It is not the first time they've expressed their opinions on bill-hjoards. JS'When Canada in 1981 helped the release of 52 Americans eld hostage in Iran, Grow and llScott put up a billboard saying, ISThank You, Canada." three "Honest Ollie!" signs $re near Central Avenue and McDowell Road; near 16th Street and Thomas Road; and near Seventh Street and Camelback Road. FUEL Continued Tim RogersRepublic Kyle Davis cycles past one of three signs that two Valley men have installed in Phoenix to show their support for Lt. Col. Oliver North.

Continued from B1 By BRENT WHITING The Arizona Republic An Arizona appellate judge has temporarily blocked a Maricopa County court order that would put a Phoenix adult bookstore out of business for renting a sexually explicit movie. Judge Melvin T. Shelley of the Arizona Court of Appeals issued the stay Wednesday at the request of lawyers for Castle Adult Bookstore, 5501 E. Washington and its owner and manager, Gary Michael Bauer. The stay will remain in effect pending the outcome of a special action filed by Bauer and the bookstore challenging the legality of a June 12 order by Judge Francis NAVAJOS were only making $83,000 a year combined." Roessel said the answer to such alleged abuses is a Navajo Constitution, not the current Navajo Bill of Rights or the Indian Civil Rights Act of 1968, the enforcement of which the commission is investigating.

Tacheeni Scott, a Navajo tribal member and professor of microbiology at Northern Arizona University, agreed. "The Navajo people have to come together for a constitutional convention," Scott said. "The cost should be thrown out the window. We have to do it right." According to testimony, attempts were made to adopt a constitution in the mid-1930s and early 1950s, but no grass-roots support existed among tribal members for either it or an already formed Tribal Council. Navajo society has been based traditionally on social and linguistic ties, not political entities, the commission was told.

Those testifying also said that there is little respect on the reservation for its court system because of political appointees to the bench. That contrasted with the 1970s, when the courts "steadily improved," said Richard Hughes, a former tribal attorney. But that changed when a supreme judicial council was formed by MacDonald in 1978 that had the power to reverse Tribal Court decisions. MacDonald had the power to appoint the majority of members to the council, which was disbanded in 1983 by then-Chair 50 OFF NORTH AMERICAN STRUCTURAL Potter Frame gold or silver in sizes 18 x24'lhru 30-x40: clear or black in sizes Reg. $7.95 to $33.05 NOVIMEX Table Package (Include! lobte ond posture chair) $88.88 Reg.

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The clients, Chevron, Exxon, Texaco, Arco, Mobile and Unocal, merely advocate that the ongoing studies by MAG and the state be completed, he said. "We're just going along and watching the' study process," Brophy said. "Public officials have to look at it very carefully because it's a big, important thing. I think what you see here is a pretty careful process." were ready to deliver 3 kilograms of the heroin, Venables said. The two women then took the agents to the Scottsdale Hilton, where the women handed the drugs to agents, he said.

Magistrate Morton Silver ordered the women held without bail. The women face up to life in prison and a fine of up to $4 million apiece if convicted, Silver said. closely with the Maricopa Associa- tion of Governments, the Pima I Association of Governments and 1 1 the state's Department of Environ- mental Quality to draw up the plans, which are due March 30. He added that if reasonable "progress is being made before that date, the EPA may ask for an I extension. Gaye Knight, an air-quality plan-J her with the state Department of Environmental Quality, confirmed that her agency plans to work with the EPA.

"There is, in the end, a health issue," Knight said. "If we were all to take an obstructionary view and Uhot help the EPA write a plan, I i'Uhink there'd be a real public outcry." In the past, the EPA has tempted to require cities to levy fees on parking for money to clean he air and to ration gas. However, Calkins said, nothing of the sort is being contemplated for Phoenix and Tucson. i "I know you won't see any far-out measures like gas rationing or anything," he said. Although the Legislature this 'session failed to pass any measures the sale of blended fuels, it, did fund a study of the perfor- mance of such fuels in a state fleet.

And MAG has hired a consultant to research the effectiveness of ations is i Continued from B1l man Peterson Zah. "The council itself felt there was no need for judicial reform," Hughes said. Testimony in the morning session centered around problems with the Zuni Tribal Council's not following the constitution and the courts at Zuni Pueblo in New Mexico. In 1983, the Zuni governor died while in office. Less than an hour after his death, the council selected another governor from within its ranks, ignoring the constitution, which calls for election by all Zuni tribal members.

Jobeth Mayes, a member of the tribe, said she then started a recall drive to remove the entire Tribal Council. When the petitions were turned in, Mayes said, "they were torn apart." "The people who signed were threatened with having their commodities and welfare checks taken away," she said. Margaret Wilson, an attorney for the recall group, said a legal HEROIN DEA special agent, testified that he initially contacted Guadalupe de Machado by telephone Thursday at 10:30 a.m. to discuss a meeting. Venables and the other agents met with Guadalupe Lares de Machado and Francisca Leal de Machado in a room at the Inn Suites International, 1651 Baseline Road, Tempe, where the two women advised the agents they Wood Director' Chair $19.88 Fold-up Table $12.88 Reg.

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However, MAG's Lindy Bauer said early i results show that blended fuels i could be the most effective way of reducing air pollution in Pima and Maricopa counties. Calkins agreed, saying that early results from the study "look quite impressive." Fuels often are with methanol or ethanol. Methanol, made from coal and natural gas, is thought to cause major damage to fuel systems and engine components. Chrysler, Mazda, Mitsubishi, Nissan and Volvo advise against using metha nol-blended fuel. The only problem with ethanol is that it requires frequent fuel-filter replacement.

Alcohol is a detergent and cleans out the tank, fuel lines and carburetors; everything it flushes ends up in the filter. Phoenix City Councilman Paul Johnson, a strong advocate of ethanol-blended fuels as a way to reduce air pollution, said the fuels themselves are not the major problem. "The biggest problem we've had up to this point is getting around the oil-company lobbyists," Continued from B1 private development. Also Thursday, in a move that would increase the recreation area by 2,045 acres, board members unanimously approved a revised plan that calls for a total of 5,530 acres of parks, lakes and streams. The increased recreation area would be created in the expanded flood plain designated after federal officials agreed not to build Cliff Dam east of Phoenix on the Verde River.

The $316 million dam was to have been built as part of the Central Arizona Project. However, Arizona congressmen killed the dam in June in exchange for an agreement from environmentalists not to oppose other parts of the CAP. Without the dam, more land downstream is prone to flooding. Members also approved a $2.9 billion budget for the project, $124 million less than the original estimate. The lower cost is possible because project directors anticipate a more evenly paced construction schedule.

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Project backers hailed the move because the two organizations are believed to be the only ones with enough money 'and manpower to mount an opposi- tion campaign. But earlier this week, representatives of the Audubon Society said agreement with them also was tin jeopardy over where to allow development in the river bottom. They fear that building in the plain would lead to renewed efforts to build a dam on the Verde River, which could flood nesting sites of desert-nesting bald eagles. In the special election, Maricopa County voters will be asked to approve a property tax of up to 25 I cents per $100 of assessed valuation to help pay for the project. The maximum tax would cost the owner I of a $100,000 home an extra $20 a year.

The money would be combined with private contributions to pay fqr the project, which would turn 17 miles of the Salt River bottom into a recreation area bordered by PIMA ROAD use of the roadway. Payments will be made monthly and distributed to more than 300 individual Indian owners of land under the northbound pavement, tribal Presi- dent Gerald Anton said Wednesday. "'-The Indians closed their half of a 1128.88 Reg. $149.95 White Wicker Etagere 4 sizes $39.95 to $89.95 No mon or phone orders Hems limited yasaMirrjr Kid Collection Foam Furniture solas and chairs open out tor sleeping. other styles ond colors available by speciol order.

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Metro Parkway East CAMELBACK 301 E. Camelback Rd. MESA 1018 W. Main St. the road when Scottsdale failed to negotiate an extension of an agreement under which it paid the Indians $7,606 a year for its use.

In April, Scottsdale officials rejected the Indian community's request for $435,000 annual fee and turned negotiations over to the state. to stock on hand. Selections vary by store. All Items.