South Tucson's El Independiente, 1983-04-01

              Bill would limit civil employee suits
By ED MAXSØN
Staff Writér
A bill that effectively would ban lawsuits
by public employees who are injured
during operations conducted under
mutual-aid agreements has passed the
Arizona House and awaits Senate action.
The Senate Commerce and Labor
Committee Wednesday approved the bill 5-
2 with two members not voting. The
proposal next goes to the Senate Rules
Committee, but a hearing date has not
been set.
The bill would treat public employees
who work in joint operations conducted
under mutual-aid agreements as members
of both cooperating agencies.
Employees would be covered by work-men's
compensation by each agency in-
,, ,..- ., ;
Local church members and political activists
gather at St. Augustine Cathedral to observe the
third anniversary of the assassination of
Salvadoran Archbishop Oscar Romero, and to
Mandatory' ¡ail sentence included
By STEVE CHESEBOROUGH
Staff Writer
The South Tucson City Council passed a
law Monday that provides for mandatory
jail sentences for prostitutes, their
customers and anyone who assists an act
of prostitution.
The ordinance, which went into effect
when it was passed, specifies jail terms of
at least 10 days and not more than six
months for first-time offenders. It applies
to anyone who "aids, offers or agrees to
commit or commits any lewd or indecent
Yaquls celebrate
EasterPage 3
volved in the operation, thereby
prohibiting personal-injury suits.
Public employees are prohibited from
suing if they are covered by workmen's
compensation.
However, under the bill, public em-ployees
still ould sue if they waive their
rights to workmen's compensation before
an injury occurs.
The proposal covers all public em-ployees,
but the implications are greatest
for police officers, firefighters and others
in high-risk jobs.
The proposal stems from the personal-injury
suit in which Tucson policeman
Julian Roy Garcia won a $3.59 million
judgment against South Tucson.
Garcia was paralyzed from the waist
down after being shot accidentally while
assisting South Tucson police in a joint
';;
act or any act of prostitution."
A judge may impose a fine as high as
$1,000 in addition to the jail sentence.
Penalties for subsequent offenses are
stiffer.
Under the previous law, convicted
persons could receive up to six months in
jail and a $300 fine, but there was no
mandatory penalty.
City Attorney Robert L. Murray, who
drafted the new ordinance, said it would
give police "some teeth" with which to
deal with prostitution.
"Historically, the prostitutes came in
Female firefighter
likes danger Page 5
operation in 1978.
Garcia was covered by Tucson work-men's
compensation and was prohibited
from suing in Tucson. He was not covered
by South Tucson.
South Tucson City Manager Enrique G.
Serna, who has followed the proposal
closely, said:
"This bill is a very sophisticated piece of
legislation, one that is very much needed."
He has lobbied actively for its passage,
Serna added.
Michael F. Blackburn, a South Tucson
firefighter who could be affected per-sonally
by the proposed law, agreed that
passage of the bill "will be good for the
public.
"1f someone becomes a fireman or a
policeman, he is aware of the risk," Black-burn
said.
Tougher prostitution law passés
Photo by Jan McFarlane
protest U.S. military aid to El Salvador and to
support political asylum for its refugees. The group
then marched to Southside United Presbyterian
Church for an ecumenical service.
"I don't believe thepublic should be held
hostage in the event that someone is in-jured
doing his job," Blackburn added.
William G. Walker, the attorney who is
representing South Tucson in the Garcia
suit, agreed. He said he believes the
measure is a good bill.
"It will encourage agencies to cooperate
and to enter into these mutual-aid
agreements," Walker said.
The Tucson Fire Department has taken
no official stand on the bill, said Inspector
J. Fred Leahy, public relations officer.
"Personally, though, I think it is a good
idea, except in cases where gross
negligence in the performance of duties
results in injury to a fellow officer," Leahy
said. Continued on page 2
By KEN OLSEN
Staff Writer
As bingo enthusiasts swarm to the
Pascua Yaqui Reservation for the biggest
jackpot in Arizona, legislators work on a
bill to bring the prize size in line with state-regulated
charity games.
Since the Pascua Yaqui Indian Tribe
opened its bingo hail at 7406 Camino de
Oeste on Jan. 22, it has offered prizes as
high as $12,000. The tribe is able to offer
larger jackpots because its games are held
on the reservation.
Under Arizona law, only charities may
hold bingo games, and the maximum prize
is limited to $4,000. Since Indian lands are
held in trust by the federal government,
the state has no regulatory power over the
area.
The State Attorney General's office
drafted House Bill 2197 because "of the
potential of attraction of criminal
elements as a result of the unregulated
nature of the bingo games and the ex-traordinarily
large prize amounts being
offered as compared to off-reservation
state-regulated games," said Ian A.
MacPherson, chief counsel in the tax
division.
"It is not the purpose of the proposed
legislation to ban Indian games on the
Indian reservation. The objective of the
legislation is to simply make uniform the
limitations on various aspects of games of
bingo, such as prize amounts, throughout
Arizona, both on and off Indian Reser-vations,"
MacPherson said.
'We will fight it up to the Supreme
Court." said the vice chairman of the
Pascua Yaqui Tribe, Justo F. Estrella.
"The management people (Pan
American Management Co. ) have been
screened by the BIA and FBI and nothing
was found. So I don't see anything wrong
with our operation," Estrella said.
"I think the attorney general is afraid of
other types of gambling, such as black-jack,
coming on the reservation," Estrella
explained. "We have no such plans."
After the bingo hail is paid for, the tribe
will use the proceeds to supplement
Continued on page 2
and got fined, and the pimps paid the fee,
and they're out on the street the next day.
This will put them out of work for a while,"
Murray told the council.
Persons convicted a second time under
the new ordinance will be jailed for at least
45 days and fined at least $300. After that,
the minimum sentences and fines increase
to:
For the third offense, 75 days and
$500.
- For the fourth offeñse, 120 days and
$750. Continued on page 8
South Tucson's
El independiente
Vol. VIII No.4 PubUshed by thé Department of Journalism The University of Arizona April 1, 1983