The South Bend Tribune from South Bend, Indiana • 17

1 METRO South Bend Tribune, Friday, May 21, 1982 17 hot air balloons to chase 'hare' Picture on Page 19 part of the festival, including a five- the event. nator for the event which first Finances for the festival Bend was come area at Columbia and Jefferson. By MARCHMONT KOVAS foot race, a Sym- Parent was to get a taste of a held in 1974. from some $7,000 left mile South over from last The concert will be held on the phony concert and an antique low-level ascension in the balloon There will be no fireworks this year and a 5 percent surcharge will Morris Civic Auditorium green at Tribune City Government Writer but winds that exceeded 10 miles year. be assessed from booth show.

A hot air balloon race among made the an hour cancelled his ride. p. m. Sunday, July sponsors to 6:30 4. dozen colorful contestants will be a The mayor a announce- The balloon Sponsors of some 60 food and raise funds for next year's event, Other events include a special ment at a press conference in an race is sponsored by crafts booths representing the var- said the mayor.

historic display at the Marriott Hofeature of the annual ethnic open lot on the plaza where he ied culture of the community have The square block bounded by tel, performances by belly dancers festi- several businesses. val to be held July 3 and 4 on River stood in the gondola of balloon "I urge all citizens of South Bend signed for space on the plaza, Main, Jefferson, Washington and and a re-creation of the time Bend Plaza in downtown South that will for the and Michiana to join us in this cele- they the plaza will be used for the festi- WSBT's television Hoosier Favora up. one serve as the 'hare' Bend, Mayor Roger 0. Parent an- bration of our area's great ethnic Parent said he hopes most of the val site. ites dance show which will feature nounced other balloons to chase in the race.

heritage," said Parent. landscaping that is to be done in the The The 'hare' balloon is owned by Gwen balloon race will take place WSBT personalities. Several other events will be a Stiver is chairman of the downtown area will be finished in at 6 p. m. Saturday, July 3, and bal- Persons seeking information Rocky Papandria, who organized festival and Mikki Dobski is coordi-, time for the festival.

loons will ascend from a about booths call 284-328. grassy may State seeks closing of nursing facility PLYMOUTH A suit seeking a mer Four Seasons facility as the court order to close the RN Nurs- Government offices RN Nursing Home, and none have ing Home in Teegarden was filed in applied for a license. Marshall Circuit Court Thursday closed on Monday The suit says that the nursing by Indiana Atty. Gen. Linley E.

home has 38 patients, but that an Pearson for the state of Indiana Most federal, state and lo- inspection May 20 showed only one and the Division of Health Facili- cal government offices will licensed nursing person, a qualified ties of the state Board of Health. be closed for the Memorial medicine aide, employed to take The suit says that the health fa- Day holiday Monday as gov- care of patients for all three shifts. cility is unlicensed, and also is in ernment employees join their The suit asks the court to find the violation of state staffing require- brethren in private industry nursing home to be an unlicensed ments. in taking a day off. facility and to be in violation of "The complaint alleges that in There will be no trash pick- staffing requirements, and to order addition to not having a license, the up in South Bend on Monday, its closure and the transfer of paRN Nursing home had an inade- and all pickup schedules will tients to licensed facilities, and also quate 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, 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- 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 Chippewa films X-rated LAST DAY, HURRAH! St. Joseph County Head Parents also were invited to the picnic, one of four Start students from the Broadway Center celebrate scheduled throughout the city today for children and the final day of school with a picnic and outdoor play. their folks to commemorate the year of learning. Tribune Staff Photo by Paul Rakestraw for birth, death certificates Meters ready for action By MARCHMONT KOVAS according to Hill. cles.

A decibel reading of 80 subTribune City Government Writer At the time 21 warning tickets jects a violator to arrest. An anti-noise ordinance for South were issued, cold weather began Fines of $50 for a first offense Bend has been on the books since affecting the operation of the and up to $250 for a third offense last Oct. 1 but no motorcyclist or devces, and they were returned to are provided by the ordinance. truck driver has been arrested yet the association. A decibel meter is an innocent under its provisions, City Atty.

The city never got around to buy- looking device, resembling those Richard L. Hill said today. ing the expensive devices. microphones that television interBut motorcyclists with decibel Hill said one of the problems in thrust at people. It will shattering mufflers, beware.

the use of the devices is that police hang outside a police patrol car and Police will borrow a decibel must be qualified as experts in will measure the intensity of the meter and begin making arrests their use when they testify in court. noise of passing vehicles. soon, declared Hill. The training period last fall when The law applies only to vehicles "We will start any day now using warning tickets were issued served that weigh less than 8,000 pounds. the devices and arrests will be that purpose, he said.

He said he Those big semi-trailer trucks are made," said Hill after consulting wants to be sure that an arrest exempt from this particular ordiwith Capt. Thomas Gargis, head of based on the use of the device will nance. the police traffic division. stand up in the court process. Enforcement of the anti-noise arrests for stationary ordinance has been on sort of hold noises, such as loud stereos, is an- Fees raised since last fall because of the lack of other matter, said Hill.

Residents $1,000 decibel meters, said Hill. The ordinance, which authorized the use of decibel meters, 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, 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- 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 E. 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 the 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 St. Joseph of the Third Order of St. Francis, which has owned the tract since 1943. 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 outdoor theater. Graphic 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 city's controlled 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 firm's advertising claims and by a phone call to the theater today. A theater employee said the two 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 Is Quayle's idea ahead of time? taxes are an increasing problem. Common Cause reports that "more than $95 billion will slip through the IRS' fingers in taxable year 1981 enough to wipe out the federal deficit initially projected for 1982." Even Presi- JACK COLWELL dent 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 a 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 wouldn't think of stealing $20 from an open cash register at Clancy's 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- Deadbeats who cheat on their By JACK COLWELL Tribune Political Writer tem 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. Those 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 billion 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 your own church for tax cheat- The way it is 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 couldn't 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, 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 department's 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 permits. 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 cheating..