Daily News from New York, New York • 99

VI Chlnat own fighting hard to keep out jaii By PAUL LA ROSA ORE THAN 300 concerned I Phinatftufn roctHontc Li showed up at a public hear and the City Planning Commission both are committed to the building of the jail at that site because of its proximity to the courts and the soon-to-be-reopened Tombs prison. Opponents were joined in their opposition by various politicians, including Councilwoman Miriam Fried-lander, Assemblyman Paul Viggiano and State Sen. Guy MolinarL Although no one last night spoke in favor of the jail, two officials of the Correction Department were in attendance and explained their position. "Neither the "new Tombs nor the new jail will look like a prison," said Peter von Bergen, an assistant Correction Department commissioner. He explained that the jails would have expanded visiting rooms so that friends and relatives of the inmates number of Chinese-Americans in attendance, the testimony was given in both English and Chinese.

"I object to and oppose the detention center," said Joseph Mei, president of the Benevolent Association. "We are highly disturbed, at city offi-cals who don't care about the welfare of its Chinese citizens." He was joined in his feelings by Ann Cappaccio of Little Italy who said: "We are the two strongest ethnic groups in Lower Manhattan and the city will have a hard time beating us both down. We stand by. you (Chinatown) because we, too, need housing." Both ethnic groups would rather see the valuable chunk of land, situated on White between Centre and Baxter used for much-needed housing rather than the construction of another jail. The city's Correction Department would not be left milling around outside the jail, a situation which residents claim contributes to crime in the area.

In another break with the past, von Bergen pointed out that the inmates would no longer be able to yell out the windows of the prison and lenge neighborhood residents with obscenities and epithets. He said that the windows would not be made to open since all the cells would be air-conditioned. Furthermore, there will be no bars on either prison. Jerry Pasichow, director of the department's Facility Planning and Development Department, said a new substance called polycarbonate would be used instead of the bars. "We tested it for hours with a sledgehammer, we tried to burn it and we could not put a hole in it," he said.1 ing last night and let the city know loud and clear that they do not want: the proposed 500-bed jail that is slated to be built on White St At least three influential Chinese-American groups the Chinese Planning Council, the Chinese Consolidated Benevolent Association and the Asian-Americans for Equality led their members into the capacity-packed auditorium of Murry Bergtraum High School on Pearl St Community Board 1 had called the meeting to hear testimony on the city's plan to build the new $74 million jail in the heart of the Chinatown community, just two blocks from Canal St Because of the large Guilt seems to be driving pols to save theaters By BRUCE CHADWICK YOU SENSE a feeling of.

0 guilt on the part of the city over the destruction ot ine Helen Hayes and Morosco theaters? Since the venerable old theaters (along with the Bijou) were wrecked to make way for the controversial strumental in getting the theater-protection clauses into the new zoning law, but its members are not completely satisfied. 7' "It's a good law, a very good law, but in the future it has to be adjusted to offer more Under the present law, a developer can still get a demolition permit if he proves his theater is an economic liability and a great-old theater can still be wiped out for an office building," said committee co-chairman Sandy Lundwall. Others argue that although the zoning law protects theaters, it does not protect very many movie houses, no art galleries or other entertainment centers, such as Roseland. The Nederlander and Jujamcyn chains argued against total protection from destruction because that makes their buildings less valuable in banker's eyes and difficult for them to use the buildings as collateral on Sitting in Washington, D.C., is another theater-protection proposalthe three-year-old plan to make the Broadway theater district a National Historic Landmark. The plan is still awaiting approval.

A reasonable compromise between theater owners and preservationists would seem to be one that guarantees' owners substantial freedom to transfer lucrative air rights in return for ironclad protection for theaters everywhere in the city, not Just Broadway. Probably, none of this would even be in discussion now if, back in 1978, the city did not sign the death warrant of the Hayes and Morosco in order for the Portman to rise in their ashes. Isn't it ironic that the death of two great theaters would be the toll it would take to finally get city officials to protect perhaps this city's most irreplaceable and special resource? loans to finance plays. ters. So, in the long run, it's a good things And the legitimate theaters, which have had no protection against critics or bulldozers (sometimes actors won- dered which made more noise), are getting a better deal than anyone dreamed.

The fine print in the midtown zoning law is worth reading. What it says amounts to a prohibition against demolition except in cases where a theater is on the way to the poor house or where it would be threatened structurally by a loud sneeze. And once approval is granted by a tough theater advisory committee, a developer would be required to build replacement theater or quasi-thea-ter facility in the condominium or office tower that would rise on the old theater site. The Landmarks Preservation Commission proposal goes farther. Allen Haber, a spokesman for that agency, said that landmark status for theaters, a-hot issue at the commission, would set up numerous road-locks to any destruction.

"We would offer even more protection than the midtown zoning b-cause we would hold hearings and vote on. every single proposed change in a theater. Combined with the new zoning law, this would, be substantial protection," said Haber. the kind of protection many theaters torn down in the past, such as the Empire, Harkness, George Abbott and Ziegfeld, never had. And yet with justification not everyone is happy.

Joe Papp, the theatrical guru of New York, is certainly not happy. He told the City Planning Commission he believes every legitimate theater in the city should be immune from destruction for any reason. Others have noted bitterly that the new zoning law and the Landmarks Preservation Commission list of theaters only include buildings bordered by Eighth and Sixth between W. 42d and W. 54th Sts.

No downtown theaters are included and neither are any on the booming West Side.W. 42d Sfs Theater Row, already a prime target for developers, is offered no protection at all. The Save-the-Theaters Committee of the Actors Equity Union was in-. Portman Hotel, the city has banged its bureaucratic drum in circus fashion to save other theaters. Many of the drummers are the same people who brought the Hayes and Morosco to their not-so-grand finales: Against a background of the pathetic, brick-strewn lots that once housed the two magnificent theatrical palaces, here's what has happened in the current rush to save New York's theaters: The recently approved midtown, zoning law offers the broadest protection ever to Times Square theaters and might be amended after a year to provide even more.

The city's Landmarks Preservation Commission will hold hearings June 14-15 to give landmark protection status to as many as 45 theaters. It now offers protection to just two, the Lyceum and Radio City Music Hall. The city has approved plans to turn six movie houses on W. 42d St. now showing kung and porno flicks into legit theaters.

"This is the first time in history that the city has taken strong steps to save the theaters, which are a very rich part of city life said a spokesman for the City Planning Commission. "Yes, the Hayes and Morosco are gone, but people, should look at all the other theaters we're saving and reopening," pleaded Mayor Koch recently. It is the same city leaders who strongly backed the demolition of the Hayes and Morosco who are now-touting efforts to save theaters. "I honestly think the city feels badly over the destruction of the theaters, even though the mayor and other officials still think having the Portman Hotel makes good sense," said Seth Schapiro, a lawyer representing the Jujamcyn theater chain. "And I think that's why they are working so hard to save other thea ft 'I TOM MONASTER DAILY NEWS It used to be the Morosco Theater.