York Daily Record from York, Pennsylvania • 6

YORK DAILY RECORD I THURSDAY, OCTOBER 12, 2000 LE group of 13 birds are the last of the seabirds affected by an oil spill in June. ASSOCIATED PRESS South Africa's Deputy Minister of Environmental Affairs and Tourism Joyce Mabudafhasi, left, releases a group of cleaned African Penguins back into the wild in Cape Town, South Africa, Wednesday. The Penguins begin swim home The last penguins rehabilitated after an oil spill off South Africa's coast were set free. By MIKE COHEN Associated Press CAPE TOWN, South Africa After pausing briefly on a Cape Town beach, 15 newly released African penguins plunged into the chilly Atlantic Ocean on Wednesday, their dives marking the end of the world's largest penguin rescue operation. The 15 birds were the last of 19,000 penguins smeared by oil spilled from a tanker that sank June 23 off Cape Town's coast.

Volunteers and experts cleaned and fed the birds until they gained enough strength to return home. A further 19,500 unsoiled penguins were captured, driven about eight hours up the coast to many of them spend long periods the town of Port Elizabeth and at sea fishing once they are rereleased to swim home, which leased," said Estelle van der gave authorities time to clean up Merwe, a foundation official. the spill. About 40 percent of the Officials hailed the rescue as a world's African penguins, which resounding success. live only off the coast of southern "This is history in the Africa, were placed at risk by the making," Joyce Mabudafhasi, the spill.

There are estimated to be deputy environment minister, between 150,000 and 180,000 90 said Wednesday. percent fewer than 100 years ago. In 1994, when South Africa suf- Rehabilitated birds have fered its last major oil spill, begun breeding very quickly, nearly half the captured birds penguin expert Tony Williams died, she said. The death rate said, but their ability to recover this time was 10.3 percent, she completely will depend on food said, "making this the most suc- supply. cessful and biggest rescue opera- "The big problem is that insuftion ever." ficient numbers of young birds Some 43,000 volunteers helped are surviving to become adults," care for the penguins, which he said.

"It is likely that seals are were hand-fed 400 tons of fish, ac- killing and eating increasing cording to the Southern African numbers of young birds." National Foundation for the Con- Authorities estimate the cost servation of Coastal Birds. of cleaning up the spill at about "Many rehabilitated birds are $7 million, about $1.2 million of returning to their colonies, but it which was spent on rehabilitatwill take some time before we de- ing the birds. The ship's insurers termine the exact rate, since have been billed for the cost. High court takes on battle of Congress VS. the states The court has focused on that The case also could give states ammunition last exception in recent years, as to attack suits under other federal statutes.

did Wednesday's disabilities law case. The case involves two sepaBy JAN CRAWFORD GREENBURG justification for stepping in to re- rate lawsuits against state entiChicago Tribune dress disability discrimination, ties in Alabama. In the first, a registered nurse sued the Boand WASHINGTON Taking up a particularly in light of evidence of Trustees of the high -stakes battle that goes to the that states had discriminated Alabama after she allegedly University was of heart of federal power over the against the disabled. Her vote demoted from her position when is states, Supreme Court justices critical is in the narrowly case, divided, because 54, her employer learned she had the struggled Wednesday with wheth- court on breast cancer. er Congress can authorize private similar issues of federal power.

In the second, a man sued the lawsuits against states for violat- The scope of federal authority Alabama Department of Youth ing a federal law that prohibits has captivated the court in recent Services because the agency allediscrimination against the dis- years, as the justices have slowly gedly failed to enforce its noabled. and steadily scaled back federal smoking policy and, as a During hour-long arguments, power vis-a-vis the states. It' once did not accommodate his disabilresult, the justices grappled with wheth- was assumed that Congress could ity of chronic asthma. He also er Congress exceeded its authori- legislate on virtually any impor- asked the department to repair ty under the Constitution when it tant question, but the court has its cars that emitted carbon monsaid the Americans with Disabili- begun imposing restrictions, em- oxide fumes. ties Act applied to the states.

The phasizing that the Constitution The lower courts did not adcase does not question Congress' gives Congress limited powers. dress the merits of the case, but power to pass the historic disabil- As a result, in recent terms the instead asked whether the law ities law but it does ask whether court has said Congress can't would apply at all. A federal apstates can be immune from pri- bully state officers into imple- peals court in Atlanta ruled last vate lawsuits seeking money in menting federal programs. It said year that Congress had authority damages under the ADA. Congress can't always legislate to subject states to lawsuits The issues in the case are under its power to regulate inter- under the ADA.

The court said complex, but in the end, the case state commerce when non-com- the authority stemmed from the is about power: Congress' power mercial subjects are at stake, Constitution's 14th Amendment. over the states, as well as Con- such as violence against women The 14th Amendment guargress' power to interpret the or guns near school zones. antees due process and prohibits Constitution and redress consti- And it said states have the states from treating similarly sittutional violations. right to be sued on their own uated people differently. It speThe case also could give states terms, in their own courts.

It has cifically authorizes Congress to ammunition to attack lawsuits set aside congressional efforts to pass laws to enforce it. under other federal statutes, authorize lawsuits against states Michael Gottesman, a lawyer such as fair housing laws and for violating federal patent and for the two people who sued the other mination laws, trademark laws, wage laws and, state of Alabama, said Congress particularly those that allow suits in last term's case, age discrimi- was acting to stop well-documentover actions that have a discrimi- nation laws. ed discrimination by states natory effect but may not be in- The states' right to be free of against the disabled. He pointed tentional discrimination. these lawsuits i is grounded in the to numerous examples of disThe case is similar to one the Constitution's 11th Amendment, crimination by states, as well as justices considered last term, which prevents private, federal studies that showed the law when they ruled that Congress lawsuits against states.

To protect would not overregulate the states. could not subject states to private the national interest, however, But Jeffrey Sutton, who argued lawsuits for violating federal age the 11th Amendment has had a on behalf of Alabama, quesdiscrimination law. But several number of exceptions: States can tioned those examples, arguing justices suggested Wednesday waive their immunity and con- that states didn't discriminate that the disabilities law is differ- sent to suits; state officials can be and that state laws were suffient. sued to stop future violations of cient to protect the disabled. Justice Sandra Day O'Connor, the law; and Congress, in some Congress had authority under the who wrote last term's age dis- cases, can override that immunity 14th Amendment, 'he said, only to crimination decision, suggested and authorize private lawsuits correct conduct that violated the that Congress might have more against the states.

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The bills would raise funds for programs fighting domestic violence. By JACKIE KOSZCZUK and TRACY VAN SLYKE Knight Ridder Newspapers WASHINGTON Congress sent President Clinton twin proposals to boost funding for programs that combat domestic violence and crack down on shadowy international sex and forced labor rings. Wednesday's 95-0 vote in the Senate and last week's 371- 1 vote in the House of Representatives underscore the popularity of the issues and intense attention both political parties are paying to women as the November general election approaches. President Clinton is expected to sign the legislation, which more than doubles the amount of money available to women's shelters and other programs aimed at preventing domestic violence or aiding its victims, the vast majority of whom are women. The bill also addresses the growing international problem bf crime rings luring young women and girls to the United States, Canada and Europe with promises of good-paying jobs and then pressing them into service as prostitutes, sweatshop laborers or household slaves.

The legislation makes sueh trafficking a federal crime and gives prosecutors a new tool with which to pursue the crime rings that engage in it. The bill establishes a mandatory 20-year sentence for human trafficking. Convictions would lead to life imprisonment in cases where the trafficking involves victims younger than 14 or in cases where victims were killed, kidnapped or sexually abused. Though the Republic trolled Congress has favored reducing federal spending for social programs rather than increasing it, it willingly raised the budget of the politically popular Violence Against Women Act at a time both major parties are appealing to women for their votes. The House and Senate agreed to spend $3.5 billion for the pro gram over the next five years, up from $1.6 billion over the past five years.

The law, which was first passed in 1994, has created a network of battered women's shelters, sexual assault prevention programs, and education and training for judges. relationship. You'll not only receive unlimited checking, you'll also brokers, through First Union Securities, for investment advice. And you Your Guide to one simple statement each month. For creative solutions that work the Financial World Financial Center, call 1-888-213-1352 or visit firstunion.com/CAP Investments: a separate, through nonbank affiliate of First Union Corporation.

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