The South Bend Tribune from South Bend, Indiana • 17

Wm' rr Ethnic Festivals hot air balloons to chose hare Picture on Page 19 By MARCHMONT KOVAS Tribune City Government Writer A hot air balloon race among dozeir colorful contestants will be S' feature of the annual ethnicij festival to be held July 3 and 4 onRiver Bend Plaza in downtown South Bend, Mayor Roger O. Parent announced Several other events will be a part of the festival, including a five-mile foot race, a South Bend Symphony concert and an antique show. The mayor made the announcement at a press conference in an open lot oh the plaza where he stood in the gondola of a balloon uiai will serve as the hare for the other balloons to chase in the race. The hare balloon is owned by Rocky Papandria, who organized the event Parent was to get a taste of a low-level ascension in the balloon but winds that exceeded 10 miles an hour cancelled his ride. The balloon race is sponsored by several businesses.

"I urge all citizens of South Bend and Michiana to join us in this celebration of our areas great ethnic heritage, said Parent Gwen Stiver is chairman of the festival and Mikki Dobski is coordi- nator for the event which was first held in 1974. There will be no fireworks this year. Sponsors of some 60 food and crafts booths representing the varied culture of the community have signed up for space on the plaza, they said. Parent said he hopes most of the landscaping that is to be done in the downtown area will be finished in time for the festival Finances for the festival come from some $7,000 left over from last year and a 5 percent surcharge will be assessed from booth sponsors to raise for next years event, said the mayor. The square block bounded by Main, Jefferson, Washington and the plaza will be used for the festival site.

The balloon race will take place at 6 p. m. Saturday, July 3, and bal-lqons will ascend from a grassy area at Columbia and Jeffersoa The concert will be held on the Morris Civic Auditorium green at 6:30 p. m. Sunday, July 4.

Other events include a special historic display at the Marriott Hotel performances by belly dancers and a re-creation of the one time WSBTs television Hoosier Favorites dance show which will feature WSBT personalities. Persons seeking information about booths may call 284-323. it A2'A 1 State seeks closing of nursing facility mer Four Seasons facility as the RN Nursing Home, and none have applied for a license. The suit says that the nursing home has 38 patients, but that an inspection May 20 showed only one licensed nursing person, a qualified medicine aide, employed to take care of patients for all three shifts. The suit asks the court to find the nursing home to be an unlicensed facility and to be in violation of staffing requirements, and to order its closure and the transfer of pa- tients to licensed facilities, and also to appoint a receiver to ensure patients will receive adequate care during the transfer.

In the meantime, the RN Nursing Home will continue to operate pending the outcome of court action, according to Mrs. Jill Frantz, attorney with the Health Facilities Council of the Indiana Board of Health. Although it is expected the U.S. Care Corp. likely will file for a license, state officials probably will tend to view the application with some skepticism since the same people who operated the nursing home when its license was denied in the past have returned.

Mrs. Brenda Rodeheffer, a deputy attorney general who worked on Continued on Page 19 PLYMOUTH A suit seeking a court order to close the RN Nursing Home in Teegarden was filed in Marshall Circuit Court Thursday by Indiana Atty. Geri. Linley E. Pearson for the state of Indiana and the Division of Health Facilities of the state Board of Health.

The suit says that the health facility is unlicensed, and also is in violation of state staffing requirements. The complaint alleges that in addition to not having a license, the RN Nursing home had an inadequate nursing staff on duty and was unable to tell state investigators when an adequate staff would be available, said Pearson. On several occasions, investigators found there was only one licensed nurse to handle duties 24 hours a day. Complaints included lack of food at the institution, to a point where patients were without meals, and the giving of sugar to known diabetics. Defendants in the suit are the U.S.

Care Hugo Erickson, and Laura Hathaway, doing business as the RN Nursing Home. According to the suit, Wilson Professional Healthcare was licensed to operate a health facility under the name Four Seasons Healthcare Center of Teegarden, Government offices closed on Monday Most federal state and local government offices will be closed for the Memorial Day holiday Monday as government employees join their brethren In private industry in taking a day off. There will be no trash pickup in South Bend on Monday, and all pickup schedules will be delayed by one day next week. There will be no mail delivery Monday, and postal workers will follow the holiday pickup schedule. The South Bend License Bureau will also be closed Monday.

and leased the facility from Mrs. Hathaway, but that the lease expired May 15 and the parties did not. renew it. The suit says that U.S. Care Corp.

as contract manager entered into an agreement with Mrs. Hathaway to manage the facility, and employed Erickson to serve as administrator. It says that all defendants are now operating the for Chippewa films X-rated outdoor theater. raphiC sexual content films like Deep Throat on a big outdoor screen apparently are not barred by city laws. But activities other than Deep Throat could put World Wide at deep odds with city officials.

The owners are advertising an adult bookstore and arcade, operations that fall under the citys con-' trolled use ordinance even though outdoor theaters appear to be exempt by omission, according to city attorney Richard Hill Roger Judd, the manager of the theater, on Thursday claimed that there are no immediate plans to show X-rated movies, an assertion refuted by the firms advertising claims and by a phone call to the theater today. A theater employee said the two X-rated films would be shown tonight. I have four general release movies booked for this weekend, said Judd in a telephone conversation Thursday morning. But a nine-day run of newspaper advertisements starting today bill two great X-rated films as well as an adult bookstore and arcade. Judd, asked about his plans Thursday morning, acknowledged that general release movies included R-rated films.

And, after at first denying any plans for X-rated films, Judd claimed that X-rated fare might appear at a later date but only on the screen not facing Chippewa Ave. A company spokesman in Durand, contacted by telephone, reluctantly admitted ownership of the outdoor theater but declined to answer any questions. Although the spokesman promised Thursday morning that a company official would contact The Tribune, no one had responded more than 24 hours later. The Chippewa advertisements were placed by Willow Drive In, a firm that shares a Durand Continued on Page 19 Photo on Page 18 By RAY M. LELIAERT Jr.

Tribune Business Writer The new operators of the Chippewa Twin Drive-In Theatres apparently are planning a Memorial Day weekend debut with two famous X-rated films. And some residents in the area near the drive-in may not be happy with the film fare planned for the theater. Deep Throat, a controversial film that has survived numerous court Challenges, and The Devil and Miss Jones, a movie that usually is billed with more than one reportedly will be shown on the outdoor screen beginning tonight. World Wide Management, a Durand, firm that owns the Cinema Art Adult Theatre in downtown Mishawaka as well as other Midwest indoor and outdoor movie houses featuring X-rated films, has been trying to take a low-key approach about their plans for the LAST DAY, HURRAH! St. Joseph County Head Start students from the Broadway Center celebrate the final day of school with a picnic and outdoor play.

Parents also were invited to the picnic, one of four scheduled throughout the city today for children and their folks to commemorate the year of learning. Tribune Staff Photo by Paul Rakestraw Meters ready for action Is Quayles idea ahead of time? The way it is By MARCHMONT KOVAS Tribune City Government Writer An anti-noise ordinahce for South Bend has been on the books since last Oct. 1 but no motorcyclist or truck driver has been arrested yet under its provisions, City Atty. Richard L. Hill said today.

But motorcyclists with decibel shattering mufflers, beware. Police will borrow a decibel meter and begin making arrests soon, declared Hill We will start any day now using the devices and arrests will be made, said Hill after consulting with Capt. Thomas Gargis, head of the police traffic division. Enforcement of the anti-noise ordinance has been on sort of hold since last fall because of the lack of $1,000 decibel meters, said Hill. The ordinance, which authorized the use of decibel meters, was adopted last July and had an effective date of Oct 1.

At the time three decibel meters were loaned to the city by the Indiana Association of Cities and Towns which was helping cities prepare ordinances, but the meters were recalled by the association. according to Hill. At the time 21 warning tickets were issued, cold weather began affecting the operation of the devces, and they were returned to the association. The city never got around to buying the expensive devices. Hill said one of the problems in the use of the devices is that police must be qualified as experts in their use when they testify in court.

The training period last fall when warning tickets were issued served that purpose, he said, lie said he wants to be -Sure that an arrest based on the use of the device will stand up in the court process. arrests for stationary noises, such as loud stereos, is another matter, said Hill. Residents who object to the noise are asked to keep a log of violations, and to sign affidavits. Courts will accept such evidence without the need to measure the loudness of the stero party noise, he said. In the use of the decibel meters to measure the muffler noise of passing vehicles, the device must be at least 15 feet away from vehi- cles.

A decibel reading of 80 subjects a violator to arrest. Fines of $50 for a first offense and up to $250 for a third offense are provided by the ordinance. A decibel meter is an innocent looking device, resembling those microphones that television interviewers thrust at people. It will' hang outside a police patrol car and will measure the intensity of the noise of passing vehicles. The law applies only to vehicles -that weigh less than 8,000 pounds.

Those big semi trailer trucks are exempt from this particular ordinance. Fees raised for birth death certificates The St. Joseph County Health Board members Thursday agreed to raise fees for birth and death certificates from $1 to $3 for a first copy and $2 for subsequent copies. The maximum fee that could be charged for the documents would be the $4 charged by the State Health Department, Dr. James Bowes, county health officer, pointed out in asking for the increase.

Of the 92 counties in Indiana, four charge the maximum fee; 25 charge 39 charge $2 and the remainder $1. In asking for the increase. Dr. Bowes explained that the fees do not cover the expenses incurred in the departments vital records department Current revenues from the operation are about $600 weekly, he told the board. In other business, board members approved the renewal of an agreement between the State Board of Health and the county health department to maintain air pollution control to allow the local department to enforce state air pollution regulations and to allow the local department to issue ing if there were no deductions for contributions to any church or other charity.

The knowledge that even a multi-millionaire with the most unscrupulous tax lawyer couldnt have a loophole through which to steal legally or otherwise, perhaps would curb some of the resentment leading to cheating by those with lower incomes. QUAYLE KNOWS, OF course, that his bill will not pass, at least not now, despite all the favorable public reaction. But he is hopeful that the idea will catch on, perhaps leading in future sessions to passage of some similar type of tax simplification. It will be difficult, however, ever to pass such legislation. Every group has its own pet deduction.

Each, while denouncing other loopholes, thinks its own tax break is justified. Once the door is opened for one group, other groups rush in. As Common Cause notes, while the Reagan tax program was being passed, new tax breaks were added for the savings and loan industry, independent oil producers, crude oil royalty owners, heirs of large estates, Americans living abroad, married couples, corporate research laboratories, rehabilitators of commercial structures and trucking companies. Maybe, as Quayle is suggesting, it is time to add just one tax break for everybody by knocking out all the special breaks and instituting a simplified tax structure with reasonable rates to encourage compliance and discourage By JACK COLWELL Tribune Political Writer Deadbeats who cheat on their taxes are an increasing problem. Common Cause reports that more than $95 billion will slip through the IRS fingers in taxable year 1981 enough towipe out the federal deficit initially projected for 1982.

Even President Reagan lashed out last month at tax cheats. And Reagan surely must share some blame for the feeling that Uncle Sam is a bad guy who just wastes what he collects anyway, The president decried the underground economy in which no tax records are kept for a kind of cash-and-carry barter system. THE TAX CODE is so riddled with legal loopholes that those supposedly in outrageously high tax brackets pay nothing close to what their rates are supposed to be unless they are nuts. Resentment over these tax breaks for the wealthy to say nothing of the tax breaks congressmen slipped in for themselves in the black lung bill is a factor in many other Americans deciding to cheat on their taxes. They wouldnt think of stealing $20 from an open cash register at Clancys Tavern, even if Clancy had passed out behind the bar.

But they feel no guilt in stealing $200 from their country. The federal tax collecting sys- tern used to be a marvel of efficiency, with a high degree of honesty in reporting and a feared IRS ready to pounce on those, who tried to cheat Uncle Sam. Now many people laugh at the IRS, which is snowed under with returns and snowed also by people proclaiming themselves ministers for tax cheating purposes. IT IS NO WONDER then that Sen. Dan Quayle received a very favorable response to his bill to simplify taxes and take away the loopholes, even some of the deductions dear to the hearts of many, such as the deduction for home mortgage interest.

The bill which has no chance of passage would provide some flat rates and only one exemption, a $600 exemption for each dependent. Those earning less than $17,500 would pay no income tax. Those earning between $17,500 and $50,000 would be taxed at 18 percent Thosfe earning more than $50,000 would pay 25 percent. Businesses would pay a flat rate of 20 percent The result of this simplified taxation method, according to Quayle, would be $30 Jbillion more in revenue than provided by the present complicated system. Cheating presumably would be reduced.

There would be no loopholes for either legal or illegal use. There would be no sense in creating vour own church fpr tax cheat BZA OKs school variance The People of Praise, which has an option to buy the former Bendix estate at 107 S. Greenlawn, today has a green light to use the property for a school and other purposes. The South Bend Board of Zoning Appeals Thursday unanimously approved a petition for a variance to use the property for a nonpublic school as an administrative office for the People of Praise, for religious retreats and as a residence. Up to 80 students in grades eight through 10 will attend the school.

There were no remonstrators to the petition. Ernestine Raclin, businesswoman, who resides nearby at 110 N. Esther, and El Blair Warner, 222 S. Greenlawn, wrote letters to the board in support of the petition. Warner was present for the hearing and said a neighborhod group had met with the petitioner and although there were many questions about the proposed use of the property there were no objections to the petition.

Joseph C. Zakas, attorney for thT petitioner, said the People of Praise will continue to use the property in much the same manner as its present use by the Sisters of Si Joseph of the Third Order of SL Francis, which has owned the tract since 1943. i.