The Morning News from Wilmington, Delaware • Page 1

The News-Journal papers Wilmington. Del. Wednesday, Dec. 18. 1985 Weather.

B2 Lotteries, B2 Obituaries, B9 Business, B1 2 Tras SECTION Judge rejects peep-show request to award damages and costs related to the loss of business. Deputy state Attorney General John Polk argued against granting the restraining order, calling Bob's Books a "masturbation parlor." Polk said, "I submit the very nature of the premises indicates that's masturbation the very heart See PEEP SHOW B8 believe that protected speech would take place." The application considered Tuesday was to allow dancing to resume until the court decides on Mitchell's request for a federal injunction that would overturn the state law, enjoin state and local officials from enforcing it, and reinstate Mitchell's adult-entertainment license. Mitchell is also asking the court In the region Sussex rescheduling GEORGETOWN The Sussex County Council will meet on Monday during the next two weeks. The County Council ordinarily holds its weekly meeting on Tuesday, but changed its schedule because the next two Tuesdays fall on the days before Christmas and New Year's Day. Castle at meeting DOVER Gov.

Castle, who was appointed in October to the U.S. Task Force on Plant Closings, attended the group's first meeting Tuesday in Washington, D.C. The U.S. Labor Department task force of 21 business and government leaders is studying the problem of worker dislocation due to plant shutdowns. Castle, the only governor on the panel, was chosen because Delaware's Department of Labor has experience in retraining employees for new professions, a Castle spokesman said.

Giorgianni leaves jail LEESBURG, N.J. A 396-pound sex offender was paroled Tuesday, more than three years after his brief release from prison for health problems caused widespread outrage and prompted one prosecutor to charge he "ate his way out of jail." Friends and family surrounded Joseph A. "Jo-Jo" Giorgianni to shield him from television cameras as he walked silently to a limousine waiting outside Leesburg State Prison, where he served three years of a 15-year sentence. Giorgianni, 35, was convicted of carnally abusing and debauching the morals of a 14-year-old girl. (7 1 1 I'i i By JERRY HAGER Staff reporter A federal judge on Tuesday refused to allow nude dancing and conversation sessions to resume at' Bob's Discount Adult Books Inc.

The state Adult Entertainment Establishments Commission on Dec. 3 revoked the license granted to the store and its owner, Francis R. Mitchell, to stage sexually Division reclaims its dead Transfer of victims to continue today By JEFF MONTGOMERY Dover Bureau reporter DOVER The Army's 101st Airborne Division continued to reclaim its dead Tuesday in a series of ceremonies at Dover Air Force Base marking the arrival of those killed in a jetliner crash last week in Gander, Newfoundland. Even as attempts began to identify the first of 256 bodies destined for Dover, the remains of about 140 more crash victims arrived on four Air Force C-141 flights from Gander. Transfer of the remains began with the arrival of 20 bodies Monday, and was to continue through today.

The first 10 remains were received with eulogies in a ceremony that Army officials said symbolized the respect due each soldier; briefer honors have been accorded the remains arriving with subsequent flights. All 248 soldiers aboard and the plane's eight-member crew died Thursday when an Arrow Air DC-8 crashed and exploded during takeoff from Newfoundland while en route to the 101st Division's home base at Fort Campbell, Ky. The jetliner was returning the troops from a six-month tour with a mul-tinational peace-keeping and observer force in Egypt's Sinai Peninsula. "Because of the violent nature of the accident, the identification is expected to be a hard, lengthy task," Army Capt. Roger Mathews said Tuesday.

"They just can't put an estimate on how long it will take for the identification process." Each aircraft arriving Tuesday carried 35 flag-draped cases. Army pallbearers removed the cases from the plane, solemnly bearing each to waiting hearses along a path lined by an honor guard from Fort Campbell, Ky. Other members of the honor guard and a color guard stood by, as the U.S. Army band played hymns. See DIVISION B8 explicit entertainment after one of the dancers was convicted of conspiracy to commit prostitution while working at the store.

An adult book store in the same building, next to the barracks of state police Troop 2 in the 100 block S. Du Pont Highway, remains open. Mitchell has appealed the commission's ruling directly to the federal courts. He claims that the Cases containing victims' The town manager exchanged harsh words with a commissioner over Delmarva Power Light Co. transformers placed on city property.

Two commissioners argued bitterly over which bank should handle city parking-meter revenues. A citizen complained that commissioners weren't prepared to discuss the agenda and were "wasting time." There was even a squabble about approving previous meetings' minutes. What provoked the most controversy at the meeting Monday was a building permit sought by Frances Baker, who owns beachfront prop tP state's adult-entertainment licensing law amounts to prior restraint of his right to free expression of speech, protected by the First Amendment of the U.S. Constitution. U.S.

District Court Judge Murray M. Schwartz disagreed: "I am convinced at this stage of the process what we have is not protected speech, and there is no basis to remains are taken to the Dover erty on Hickman Street that was once inadvertently omitted from the city zoning map and thus designated open space. Baker, who has been trying for three years to get her land rezoned, won what she thought was final approval Nov. 8. But the commissioners opted Monday to delay granting the permit.

Last month's vote had been 3-1 in Baker's favor, with three commis-, sioners absent. One of those, James A. Horty, said Tuesday that he hadn't attended the November meeting because he didn't realize that a vote was to be taken. the sound 0 fl '4 i i rf 4 ij ij Red Gay proposal 'unfair9 Letter by residents-: criticizes latest plan By SANDY DENNISON Staff reporter With one day remaining before the Red Clay school board is due to vote on the latest plan to correct overcrowding and racial disparities in schools, some people doubt it can solve the district's problems. In a letter to be delivered to the board tonight, about 200 citizens say the solutions drawn up by the board two weeks ago are "unrealistic, unfair and represent at best wishes and hopes." Harold Riley of Gordy Estates, one of those responsible for the letter, said residents wonder if a key element of the plan that calls for students from the New Castle County Vocational Technical School District to take academic classes at Red Clay Consolidated District schools, will fall through.

The residents note that the Vo-Tech board agreed less than enthusiastically last week to cooperate with Red Clay and that some Vo-Tech board members criticized the proposed agreement Joseph A. Reardon, the Red Clay board member who unveiled the proposal, told some residents at an informal meeting Monday night that he will table the entire plan if the Vo-Tech board has problems with the cooperative agreement. He said Tuesday he doesn't expect that to happen. Red Clay Superintendent Joseph E. Johnson said Tuesday that he's encouraged by the discussions with his counterpart in the Vo-Tech district and expects to report "some concepts that appear to be solid" to the school board.

Many members of the Red Clay board-appointed Building Utiliza- tion Advisory Committee are organizing opposition to the proposals because they don't feel it will improve Wilmington High School, said Riley, who was a member of the committee representing Conrad Middle School. Two plans were advocated by a majority of the building utilization committee and would have moved more academically oriented students to Wilmington High. Instead, the board's proposal moves some blacks who live in Wilmington to schools feeding into Alexis I. du Pont High School in Greenville in order to bring that school's percentage of black students closer to the district average. The plan would move some bilingual students from Highlands Elementary to reduce overcrowding there and make room for the black students.

The proposal sent to Reardon by Vo-Tech Superintendent Conrad C. Shuman calls for some Vo-Tech students to attend Wilmington High School for their academic classes. Reardon says he hopes the plan would provide incentive for white students to remain at Wilmington High at least part time rather than attending the Vo-Tech district full time. Reardon's plan also calls for pairing Wilmington and A.I. high schools and Thomas McKean and John Dickinson high schools.

That could involve some students from See RED CLAY B8 letters New post awaits DOVER Walter A. Young president of the Delaware State Education Association since 1976, will become assistant executive director for the National Education Association affiliate in Cranston, R.I., at the first of the year. During his term, Young has been on leave from his job as a librarian in the Colonial School District. Aside from acting as a spokesman for the teachers union and lobbying in Legislative Hall, Young is an officer in several community organizations. Mary Anne Galloway, vice president of the teachers union, will take over until the end of Young's term in August.

The union's board will appoint someone to finish Galloway's term, a spokeswoman for the Delaware association said Tuesday. The association will hold a reception for Young on Jan. 31; for information and reservations, call 734-5834. Pa. tax cuts seen HARRISBURG Gov.

Dick Thornburgh, citing estimates of a $110 million budget surplus, said Tuesday he expects to propose tax cuts for businesses and workers in the next fiscal year. But Thornburgh, speaking with reporters after briefing legislative leaders on the budget, said an estimate of the cuts would be premature now, more than six months before the end of the fiscal year June 30. Contracts awarded Two preliminary contracts necessary for the construction of the Port of Wilmington's second container crane were awarded Tuesday by Mayor Daniel S. Frawley. After a determined city lobbying effort, the state legislature this year agreed to pay for $5.2 million of the cranes' $6.6 million cost.

Frawley maintains a second crane will create 350 new jobs. One contract is for engineering and design work on the the rail system the crane will use to move up and down the city dock. The second contract is to pave the dock and staging areas. The crane is scheduled to be in operation by mid-1987. Compiled by Miriam Tarver Charges fly in Rehoboth Beach Beachfront construction delayed at 'nastiest' meeting Staff photo by Susan L.

Gregg Air Force Base mortuary. "Believe me, if the commissioners who weren't present were present, it would have been a different outcome," he said. Horty and the other commissioners who missed the vote, Mildred "Billie" Shields and Walter J. Lehman wanted the rezoning reconsidered. They pointed to a city code provision requiring approval three-quarters of the commission when 20 percent of nearby landowners file a protest.

A written protest, filed by a group of owners of an adjacent condominium, See REHOBOTH B8 alike call By CAROLYN LEWIS Sussex Bureau reporter REHOBOTH BEACH When the Board of Commissioners and 60 members of the public stood to pledge allegiance to the flag this week, they discovered the unaccustomed meeting place a caucus room off Rehoboth Beach Convention Hall had no flag. "Just imagine the flag," advised Mayor John A. Hughes, his hand over his heart. And everybody did. That was almost the only amicable moment in a four-hour meeting that one staff member called "the nastiest in memory." WBOC upheld in the case of By BRUCE PRINGLE Sussex Bureau reporter A new Wilmington television station scheduled to go on the air in January was ordered Tuesday to change its call letters to avoid confusion with those of a Salisbury, station.

Vice-Chancellor Jack B. Jacobs agreed with Salisbury station WBOC, Channel 16, that it would be harmed if the Wilmington station continued to be known as WBOT. The Salisbury station argued in a two-day trial last month that viewers and advertisers would be confused by the similarity. A linguistics expert testified that of 17,576 possible four-letter combinations starting with no two sound more alike than WBOC and WBOT. The Wilmington station's general manager, Daniel Slape, said new call letters haven't been selected.

"We feel it's an incorrect decision," Slape said. "Viewers don't identify stations by call letters." At the trial, the Wilmington station, which will broadcast on Channel 61, presented evidence of surveys in which New Castle County viewers overwhelmingly referred to stations by channel numbers, rather than by call letters. But Jacobs noted that cable-television companies may assign a station to any available channel, and that the Salisbury station appears on seven different cable channels. "Thus, in a cable television environment, a television station's channel number is an unstable, unconstant and, hence, unreliable identification source," Jacobs wrote. The Salisbury station appears on three different cable channels in Kent County, where it will be in direct competition with the new station.

Thomas H. Draper, president of the company that owns the Salisbury station, testified that 10 percent to 12 percent of the station's revenues come from Kent County. Jacobs wrote that the Salisbury station has "invested $150,000 per year, plus an additional $1 million of air time, to promote the WBOC-TV call letters a mark that for 30 years has existed as the station's identifying attribute." He said the Wilmington station has invested only $32,000 in promotion and won't be substantially hurt by changing its call letters because it has yet to go on the air. The call-letter change will be the second for the new station. It first called itself WDVI, but chose a new name to avoid confusion with television station WPVI, Channel 6, of Philadelphia..