Issue 23, Volume 82

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Issue 23, Volume 82

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NEWS

Not just service

For one professor, social work is a way of life — literally. Four days per week, she lives in the shelter she operates. | PG.2

Artful infringement

'It had to be a dunk' As the final shots were taken in Hofheinz Pavilion, members of a legendary men's basketball era lined the court to pay tribute to their historic home. | PG. 6

When UH published an image without permission, a Houston photographer hired a lawyer to fight for compensation. | PG. 9

OPINION

Thank you, Hofheinz As the basketball arena becomes the Fertitta Center, one columnist reflects on learning to love sports and UH at the old site. | PG. 10

SPORTS

The QB question

The football team faces a new signal caller, head coach and a change of leadership on both sides of the ball. | PG. 11

Record runners

For the first time in many years, the track & field team will send five athletes to the Indoor Track Championships. | PG. 12

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Marialuisa Rincon, EDITOR

COMMUNITY

Professor stands for 'social work in action' TRAYNOR SWANSON

The Cougar

thedailycougar.com

ABOUT THE COUGAR The Cougar is published every Wednesday during the fall and spring semesters and online at thedailycougar. com. The Daily Cougar is supported in part by Student Service Fees.

ASSISTANT NEWS EDITOR @TRAYNORSWANSON

Tucked away off Washington Avenue behind Velvet Taco is an unassuming set of buildings and converted garage apartments where a dedicated professor spends half her week helping, serving and even living with immigrants, refugees, asylum-seekers and the poor.

As an associate professor and director of the social work program at the University of Houston-Downtown, Dawn McCarty has a natural intellectual curiosity toward less-privileged communities.

But from Monday to Thursday, McCarty goes one step further in immersing herself by living at Casa Juan Diego, a Catholic Worker House of Hospitality.

“It’s what I do,” McCarty said.

“It's my life. It’s not like I’m making some great sacrifice — I’m not. People ask me that, but I’m not. I’m the person who

i

COPYRIGHT No part of the newspaper in print or online may be reproduced without the consent of the director of Student Publications.

ISSUE STAFF WEB EDITING

Emily Burleson CLOSING EDITORS

Trey Strange Alex Meyer Leah Nash

"When you do this type of work, when you're engaged personally with someone, and it's your work trying to help relieve their suffering in any way that you can, you see how connected we are in ways that you wouldn't in a more sort of professional setting," said Dawn McCarty, a social work professor at UH-Downtown. "You see how connected we are." | Ajani Stewart/The Cougar

benefits here. Sometimes people will surprise me. It’s such a part of my life that it’s not like, ‘Oh, I’m going to do my service now.'”

McCarty is tasked with running the food distribution at the shelter. Every Tuesday morning, she leads a crew of volunteers

and full-time workers at 5:30 a.m. to prepare the morning’s food and open the doors by 6:15 a.m. McCarty said the meal serves about 300 people.

“We give out food all the time, but we do it in sort of a concentrated frame for people (on Tuesdays), and that’s open to anyone,” McCarty said. “We have such a food insecurity issue in our community, so we want folks to come in every week if they can. An important part of what we do is help people not to worry about food, and that’s a beautiful thing — you don’t have to worry about food. We have plenty of food. Come get it!”

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McCarty’s life of service is underpinned by a Catholic Worker ideal called personalism — the practice of moving away from self-centered individualism toward the good of other people — which she described as magical because of the personal connection that it grants for people like her to live out their values directly with others.

“People come in and they’re suffering,” McCarty said. “It’s an issue of solidarity — we’re on your side even though this is a very toxic environment for new immigrants and new refugees.”

Heather Goltz, McCarty’s colleague at UHD, said that it's commonplace for educators, researchers and faculty professionals to try their best to be of service to their program, col-

COMMUNITY SERVICE

Continues on page 8

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Part of the Student Life portfolio in the Division of Student Affairs, the CSM is concerned with the development of students, focusing on critical thinking, leadership, ethics, collaboration, intercultural competence, goal-setting and ultimately, degree attainment.

While our students are engaged in producing and promoting media channels and content, our goal is to ensure they are learning to become better thinkers and leaders in the process.

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TRANSPORTATION

SGA to deliver on parking counter campaign promise CLAIRE ANDERSEN

STAFF WRITER

@CEA_ANDERSEN

The University of Houston's parking woes may soon be relieved with the fall implementation of vehicle counters to show space availability in various on-campus parking lots.

Student Government Association President Shane Smith said he and his administration have been working to implement measures that would make the parking experience better for students. The digital vehicle counters will keep track of cars entering and leaving the lot, offering an estimate of available spaces at its entrance.

“Since (students) are already paying several hundred dollars a year for (parking), they should be able to have something that makes it a little bit easier,” Smith said. “I made a commitment to the students when I ran. I would like them to see results."

Smith said the planned counters will be similar to those used to show the number of available parking spaces on each level of airport parking garages.

With the help of University Information Technology, a prototype of the counter went into effect at Energy Research Park in February. Though data from the prototype has not been published, Smith said the latest updates reveal the project is going very well. Three more counters are expected to be implemented on campus in the fall.

Smith said UH faces two problems with the current parking: a lack of space to accommodate all the drivers and inefficiency in the existing parking lots. Because there are so many drivers and a limited amount of parking available on campus, students often report spending a lot of time circling the parking lot.

Creative solutions The idea to ease parking difficulties by implementing vehicle counters came to UH during last year's election cycle. Smith's party, Project Red: Better Food, Better Parking, Better Wi-Fi, featured the counters on its platform.

In the founding stages of the initiative, SGA proposed various types of technology for tracking the number of open parking spaces, including weight-sensitive strips for each parking space and drones. In the end, Project Red settled on utilizing the preexisting license plate cameras in the parking lots.

“These cameras already track license plates with nearly 100 percent accuracy, and are already implemented in parts of campus,” said SGA Chief of Staff Robert Comer. "They can be easily configured to keep count of cars.”

These cameras will track

cars as they enter and exit the parking lot, providing data for a close estimate of the number of available parking spaces.

That amount will be digitally displayed at the entrance of the parking lot, allowing students to know space availability without circling the lot.

Student grievances heard The next stage of the project will be to implement vehicle counters in main campus parking lots. The complete implementation plan has not been developed, said University Services Assistant Vice President Esmeralda Valdez.

The collaborating project teams are working to figure out the details of how to continue forward.

“I would like to see three by Fall 2017," Smith said. "Now, that depends on a lot of things so that’s not a hard number at all. My guess is that, realistically, it will probably be one

or two this fall because, again, (it’s) a kind of test.”

Students will have an opportunity to influence which parking lots will receive the first batch of vehicle counters via a survey developed by SGA Director of Research Dean Suchy. Smith said the survey is expected to go out sometime in the next few weeks.

“I think it's a great idea that would make parking much less of a hassle for students,” said business freshman Hannah Wolfe. “A lot of times, I'm late to class or wherever I'm going on campus because of parking.”

Wolfe was not the only student whose experience at the University has suffered as a result of not being able to find parking in a timely manner.

"Sometimes I've been here at 6:30 or 7 just because I know how crazy parking is going to

PARKING

Continues on page 8

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Closed for good 6 | Wednesday, March 8, 2017

Hofheinz, Phi Slama Jama, 'The Dream' LEONARD D. GIBSON III

SPORTS EDITOR @LEONARDDGIBSON

It started off like any other Cougar basketball game.

It began with senior center Kyle Meyer leaping into the air and tipping the jump-ball over to fellow teammates. With possession, the Cougars drove down the court, and the ball found itself in the hands of senior forward Xavier Dupree.

Dupree then missed the jumper, collected his own rebound and missed again.

It was a slow start for the Cougars.

They didn’t change the big 0 on the scoreboard until Dupree sank in a corner 3-pointer two minutes later.

But this wasn’t just some ordinary University of Houston basketball game. It was the last basketball game to ever be played in the historic Hofheinz Pavilion that had housed the Cougars since 1969.

The end of an era Announced last April, Hofheinz Pavilion will be renovated following the conclusion of this season at the cost of $60 million. Billionaire and UH Board of Regents Chairman Tilman Fertitta contributed $20 million, earning the naming rights for the arena. Come the 2018-19 season, the Cougars will play in the brand new Fertitta Center.

Because of the closing of Hofheinz Pavilion, dozens of Houston basketball alumni came to watch the final game.

No other UH basketball alumnus drew more attention than the 7-foot superstar who sat courtside.

Hakeem “The Dream” Olajuwon came to UH as a soccer player from Nigeria and left to become a twotime NBA Finals MVP. The game raged on. The Cougar offense surged but defensively, they struggled against the ECU Pirates.

Junior guard Wes VanBeck caught fire from beyond the arc, sinking two 3-pointers in one minute. But the Pirates kept the game close on the opposite side of the court.

With 3:01 left in the half and the Cougars with a slight lead at 26-24, the game changed. A miss

from 3-point land by VanBeck saw Meyer come down with the offensive rebound, resetting the shot clock.

12 seconds later, Meyer had the ball again and leapt up to the rim.

The Cougar audience erupted at the slam dunk. As Meyer slammed it down, everyone in the audience suddenly remembered the captivating team in the '80s that revolutionized the game. By halftime, not a single person wasn’t thinking of Phi Slama Jama and a red polka-dot towel.

Live by the dunk The most successful era in Cougar basketball came from 1982-1984 at the hands of Hall of Fame head coach Guy V. Lewis and Phi Slama Jama, “Texas’ Tallest Fraternity.”

Phi Slama Jama made popular an above-the-rim style of play that centered on slam dunks — or as coach Lewis liked to call them, “high percentage shots.” They were flashy, talented. Audiences around the

“It's Phi Slama Jama.

It had to be a dunk.

We had to do it.”

Die by the dunk

In what was supposed to be an obvious Houston victory, the Cougars struggled. Fouls plagued Drexler as he found four in the first half alone.

Hakeem Olajuwon, Former He didn’t foul out in the end, but center and NBA superstar his contribution proved minimal, putting up only four points. country loved them.

The Cougars trailed 33-25 at "Phi Slama Jama gives a new halftime. meaning to the phrase that everyIn the second half, the Cougars thing is bigger and better in Texas,” made a comeback. They erased the said then–Texas Governor Mark eight-point difference and looked to White. take the game into overtime at 52-52.

Led by Olajuwon and homegrown But things didn’t pan out. Five talent Clyde “The Glide” Drexler, Phi seconds were left on the clock. NC Slama Jama included players like State’s Dereck Whittenburg lobbed Michael “Silent Assassin” Young, the basketball toward the goal.

Larry “Mr. Mean” Micheaux and Lorenzo Charles took it, and he put Benny “The Outlaw” Anders. down the go-ahead dunk. The clock During the three seasons from reached zero before the Cougars 1982-1984, the Cougars made three could do anything. consecutive Final Four appearances 54-52, North Carolina State wins. and played in the championship game twice.

‘Next year’ In the 1982 Final Four, the CouThe Cougars and the entire city of gars found themselves against the Houston were devastated. The team No. 1 UNC Tar Heels and freshman returned to Houston and all pledged Michael Jordan. Olajuwon being in in front of a crowd at Robertson his first year, the Cougars fell 68-63.

Stadium that next year, they’d bring With most of the Cougars’ talent back the title.

1982-1983 SEASON JAN. 2 1983

(Round 1)

94-84 v Alcorn State (Final Four Loss)

63-68 v North Carolina

Ranked No. 1 in AP Poll 22 win streak

OFFSEASON

Rob Williams declares for draft First round, 19th pick to Denver Nuggets

During its 48-year history, Hofheinz Pavilion played host to over 700 "I wish we could have brought this thing back this year,” Benny Anders said. “Next year, we will."

"This is not the end,” Lewis said.

"We'll be back next year."

But the Phi Slama Jama ranks took a hit. Drexler skipped his senior year to declare for the draft, and Micheaux graduated.

The Cougars retained Olajuwon and Young, however, and the two kept Phi Slama Jama alive. Houston ended the 1983-84 regular season at No. 5 in the AP poll and battled their way to another championship appearance.

This time around, the Cougars came in as the underdog against a Patrick Ewing–led Georgetown. But the underdogs lost.

85-74, Georgetown wins.

The Cougars returned and pledged the same as before.

“I wish we could have won this year's game," Olajuwon said. "I'm sure next year we'll win it all."

But next year never came. Olajuwon declared for the draft, and Young graduated. With Drexler, Micheaux, Olajuwon and Young now all gone, Phi Slama Jama was officially dead.

MARCH MADNESS 1983 (Round 2)

60-50 v Maryland (Sweet Sixteen)

70-63 v Memphis State (Final Four)

94-81 v Louisville

(National Championship Loss)

52-54 v NC State

A declining history Since 1984, Houston basketball has lived in the shadow of Phi Slama Jama, never coming close to replicating that level of success.

The Cougars went from a 32-5 season in 1984 to a 16-14 season in 1985 and then to a 14-14 season in 1986. Those were coach Lewis’s last seasons before he retired.

Since then, Cougar basketball didn’t win a conference championship until the 2009-10 season. The Cougars have returned to March Madness four times, but each time they lost in the first round.

“We’ve had a great deal of success, but as you look back as we ended the Phi Slama Jama era, that rich history and tradition has waned a little bit,” said Hunter Yurachek, the vice president for UH Athletics. “We just secured our second twenty-win season in a row, which is only the third time we’ve done that since that 1984 Final Four season.”

Nowadays, the once top-of-theline Hofheinz Pavilion is outdated and in need of serious renovations.

The ceiling is incredibly low, the lights can’t be turned off and fan amenities are nonexistent. While (Sweet Sixteen)

OFFSEASON

“Phi Slama Jama” coined

by Thomas Bank 112-58 v University of Pacific

(Sweet Sixteen)

79-78 v Missouri

MARCH MADNESS 1982

returning for the next season, however, the days of Phi Slama Jama’s dominance came to be.

The Cougars roared to a No. 1 ranking atop the AP poll on the back of a 22-game winning streak in the regular season. They entered the NCAA tournament as clear favorites to win it all.

Easily storming into the Final Four and storming past the Louisville Cardinals to compete in the championship game, the Cougars matched up against the North Carolina State Wolfpack.

The stage was set. Phi Slama Jama had made it to the finals.

Not only was this a momentous occasion for the University, but for the entire city of Houston. Up until that point, no Houston sports team had ever won a national title. Not the Oilers, not the Rockets and not the Astros.

The Cougars had the chance to finally write Houston’s name down as a champion’s city.

78-71 v Memphis State

Clyde Drexler declares for draft First round, 14th pick to Portland Trailblazers Larry Micheaux declares for draft Second round, 29th pick to Chicago Bulls

(Elite Eight)

68-63 v Wake Forest (Final Four OT)

49-47 v Virginia

(National Championship Loss)

75-84 v Georgetown

1983-1984 SEASON

32-5 season record Ranked No. 5 in AP Poll

MARCH MADNESS 1984 OFFSEASON

Akeem Olajuwon declares for draft First round, 1st pick to Houston Rockets Micheal Young declares for draft First round, 24th pick to Boston Celtics

Layout design and infographic by Sonny Singh

Wednesday, March 8, 2017 | 7

0 men's basketball games under eight different head coaches and saw hundreds of players and thousands of fans walk through its doors. | Photos courtesy of UH Athletics the last game in Hofheinz against ECU reportedly sold out, hundreds of seats lay vacant in actuality.

“When a young man comes on campus, the first place you should take him is to where he’s going to play his games,” said Head coach Kelvin Sampson. “We haven’t done that since I’ve been here, and I’m sure the other coaches did not either.”

An updated facility is essential to recruiting new players, Sampson said. In order to recruit the incoming generations, there has to be something there to impress them.

“Hofheinz is a facility that has served this University and this community very well, but it’s reached its time for major renovations,” Yurachek said.

the way to the 2010s. UH legend Elvin Hayes, Olajuwon and other members of Phi Slama Jama walked onto the court to be showered with applause one last time in Hofheinz Pavilion.

The ball started with the current Cougar basketball team, each member rubbing his hands across its orange surface before passing it. At the end of the line, senior forward Danrad “Chicken” Knowles took the ball and passed it to senior guard Damyean Dotson. Dotson leapt up to make an easy layup, and then handed the ball over to the alumni.

“When I was walking down the tunnel and I saw all the different eras of Cougar basketball repre-

sented, from the '70s, '80s, '90s, 2000s, 2010s, I realized this building represents a lot of people,” Sampson said. “It’s not a team or an era. It’s from 1969 to today. From Damyean Dotson and Kyle Meyer all the way to freshmen on Elvin Hayes’s team.”

Two men stood under the opposite basket: Olajuwon and Hayes.

Hayes never got to play in Hofheinz Pavilion as he graduated in 1968, one year before it opened. It had been planned for Olajuwon to pass the ball to Hayes, who would then make a layup. Hayes would finally make a bucket in Hofheinz Pavilion.

“I was thinking, ‘They made this building so famous, Phi Slama Jama,’” Hayes told Fox 26.

Hayes said that Olajuwon replied,

“You know, I can still dunk it.”

The ball was handed to Olajuwon.

He passed the ball to Hayes as was planned, but Hayes passed it back.

The 54-year-old Olajuwon took a few steps forward and jumped up as easily as he would have in 1983.

He slammed the ball down, and the crowd went wild.

“It’s Phi Slama Jama,” Olajuwon said. “It had to be a dunk. We had to do it.”

Construction began the next day, and the doors to Hofheinz closed.

The building will be gutted. Hayes’s, Olajuwon’s, Drexler’s and Young’s banners will be taken down. They’ll be placed in the Fertitta Center, of course, but the arena these legends played in will be gone.

“This place is old. It should have been done a long time ago,” Sampson said. “But now with the new arena, I just think this is our chance to not only grow but to be really good."

The Fertitta Center will give the Cougars the opportunity to recruit the best talent possible. Perhaps they’ll find another Clyde Drexler somewhere in Houston or a Hakeem Olajuwon overseas.

But the days of Hofheinz and the tag team of Olajuwon and Drexler are officially over. It’s time for Cougar basketball to stop living in the shadow of Phi Slama Jama.

Maybe next year might finally come. sports@thedailycougar.com

The last buzzer The last game in Hofheinz wound down just like any other game might. The Cougars found their momentum in the second half and made it rain. Six 3-pointers came down, and the Cougars took a commanding 20-point lead by the end.

The band and student section were lively as always. Whenever ECU had to make free throws, the band sang, or screamed, “I know a song that gets on everybody’s nerves” or the intro to Spongebob Squarepants. “It’s a Small World” proved most effective as ECU missed both free throws.

Finally, the last points were scored, and the game settled. Junior guard Rob Gray led the team with 24 points.

73-51, Cougars win.

After the game finished, the closing ceremony commenced. Dozens of UH basketball alumni filed onto the court in order from the '60s all

Clyde Drexler went on to win a medal in the 1992 summer Olympics as part of the historic "Dream Team." | Courtesy of UH Athletics

After leaving the Cougars in 1984, Hakeem Olajuwon won two NBA championships with the Houston Rockets. | Courtesy of UH Athletics

8 | Wednesday, March 8, 2017

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Marialuisa Rincon, EDITOR

Counters might debut this fall PARKING

finance department.

“The solution that IT and Parking came up with was very intuitive and cost effective,” Comer said.

Since SGA's 53rd Administration will soon leave office to usher in new student representatives, Smith is working to make sure the project will continue without any hiccups. In order to do so, he has developed drafts of the project to pass on to the next administration.

"I am the type of person who doesn’t want to rely on an unknown future administration to carry through the work that we’ve spent so much time on," Smith said.

Continued from page 3 get," said psychology junior Denisse Aranda. "I would spend probably 20 to 30 minutes circling the lot. Last semester, I had a class that started at 10 on a Tuesday, and for Tuesday and Thursday it's terrible to find parking, so I came around 8."

Passing the torch While many details are still in the developmental stage, Smith confirmed students will not have to foot the bill for this new project. Parking permit prices will not be affected by the vehicle counters until at least three have been put into place on campus, according to an agreement between SGA and the administration and

news@thedailycougar.com

Parking counters were a key component of SGA President Shane Smith's campaign last spring. | Erin Davis/ The Cougar

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lege department and university.

But McCarty, Goltz said, is a rare academic.

“Dawn has built her career on not just being a social worker and educator or researcher, but her service extends far beyond the walls of the University and is very much focused on the community,” Goltz said. “She takes her professional and her philosophical lens as a social worker and as a Catholic social worker and uses that model to give the highest level of service.

She lives with the population she serves.”

Not only does McCarty live with a marginalized population, Goltz said, but she’s a notary, participates in the food distribution and occasionally drives the van to get children to school.

"She’s really a living, breathing example of social work in action," Goltz said.

A mentor for justice Since getting involved with Casa Juan Diego ten years ago, McCarty has developed several mentoring relationships. Twenty-five-year-old UHD graduate and Mexican DREAMer Wendy Ramirez said she met McCarty six years ago under President Barack Obama’s Deferred Action for Childhood Arrivals program, when she was applying to colleges and working part-time at Casa Juan Diego.

“She just took me in as a mentee,” Ramirez said.

The worst night of Ramirez’s life, she said, was Nov. 8, 2016.

Not only did she find out that she did not get accepted into a college program, but Donald Trump was elected president of the United States.

“It felt like my world was crumbling down with Trump being elected and me not being accepted into (a physician’s assistant) school,” Ramirez said.

“I emailed her, and she just consoled me. She was there for me, and I knew I could count on her no matter what was coming.”

Ramirez said McCarty is persistent in her efforts to fight to find justice for people who are struggling.

"She'll do anything she can to try to help you and try to find a resource," Ramirez said. "Right now I'm applying to a P.A. program at (the University of Texas Medical Branch) and at Catholic universities, and she's guiding me through it."

McCarty spends several months in Mexico each year and said she is indebted to the families she knows south of the border.

"So many people in Houston are from central Mexico and southern Mexico," McCarty said.

"There's so much migration here that I thought it would be a good thing to see if I could make myself useful and helpful to that population here." news@thedailycougar.com

Wednesday, March 8, 2017 | 9

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NEWS

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Marialuisa Rincon, EDITOR

"The bird itself is moving, parts of it are moving and you’re moving, so to shoot maybe 30-40 pictures at night, you’re lucky to get one that’s sharp," said photographer Jim Olive. | © Jim Olive All Rights Reserved

CITY

Copyright lawsuit questions University ethics Local photographer calls fraudulent use of his image hypocritical following Law Center's trademark legal battle ALEX MEYER

MANAGING EDITOR @ALXMEY

Jim Olive has spent the better part of his career stepping onto helicopters with a camera and gyro-stabilizer in hand, fighting against gravity to get that slow-shutter shot of his signature nighttime skyline.

His fifty-year experience as a seasoned photographer specializing in aerial and skyline photos has secured him assignments in more than 90 countries, but it’s Olive's Houston photos that capture the attention of companies across the city.

One photo’s use in particular has now embroiled Olive and the University of Houston in a copyright lawsuit that poses a question for artists everywhere: Do state rights trump individuals’ rights to their intellectual property?

“It’s interesting because that picture happens to be one of the most popular pictures of our skyline, even though it’s an older one,” Olive said. “People infringe on that picture considerably just because there’s none out there like it. There’s quite a bit of effort put into these type of shots, so it’s not something a neophyte can just go up and do.”

Olive’s company, Stockyard Photos, provides professional images for digital and print use, but he encountered so many

stolen images that he hired a copyright infringement identification service called Image Rights.

Early last year, Olive was sifting through the flagged usages Image Rights sent him when he discovered UH was one of the infringers.

They were not able to provide a license for his photo’s use.

After Olive looked into the issue further, he found that the University used the photo in web and print advertisements for an extended period of time. He also discovered his watermark had been removed from the bottom of the photo. Those watermarks are necessary to securing more work, Olive said.

“I sent (UH) a letter and then I get a response that said, ‘You can’t sue us; we have sovereign immunity,’” said Dana Andrew LeJune, Olive’s attorney. “So I sent them a cease-and-desist: stop using it, and we need to have some details about how you used it, how long you used it, what you did with it, and then I come to find out that the image appeared in Forbes magazine via UH.”

Years-long infringement Around May 2016, Olive was even more disturbed when he realized the photo used in Forbes was stripped of its metadata, and Bauer College of Business was credited instead.

LeJune said whoever sent the

photo to Forbes to promote the University’s business school either digitally or manually cut off Olive’s Copyright Management Information from the analogue version of the image, then fraudulently replaced it with its own logo and credit line.

Whoever did that violated the Digital Millennium Copyright Act — a federal statute.

“That deprives me of those eyes,” Olive said. “When (Hurricane) Rita came through, the picture I took ran in three publications all on the same level of Time magazine.

Why? Because I was the only guy that had it. Other publications saw it, saw Jim Olive’s name on it.”

LeJune said he when he received a response from Eric Bentley, the University’s attorney on this case, Bentley requested an invoice for what Olive believed he was owed.

According to the letter, once the University evaluated the case, they would consider waiving sovereign immunity, a blanket protection of all state entities against lawsuits.

If waived, UH would then consider paying Olive for the image’s repeated use — which Olive traced back four years.

Sovereign debate LeJune and Olive calculated an amount that captured his loss of business beyond the lost licensing fees of the image, factoring in the roughly two million copies of the

published Forbes advertisement — two million “eyes” who might’ve contacted Olive for business.

They counter-demanded $25,000 for each Digital Millennium Copyright Act infringement for removing Olive’s watermark, once for UH’s use and once for Forbes’s. LeJune and Olive also tacked on $16,000, plus a tax of $1,320 for UH’s false licensing; in total, they requested $67,320.

“If all an infringer ever had to pay was what he should’ve paid before he infringed, everybody would infringe with impunity,” LeJune said. “There’s no disincentive. We’re letting (UH) off the hook very lightly, to be truthful.”

After The Cougar requested a comment from Bentley for this article, the University's Director of Media Relations Mike Rosen responded.

“Although this type of claim is barred by sovereign immunity, the University has been diligently working with Mr. Olive’s attorney on a potential settlement that we believe is a fair value for the inadvertent use of this one image,” Rosen said. “We are hopeful that this will be resolved shortly."

A University source familiar to the case said that the use of Olive’s image was “an inadvertent action on the part of a former employee,” but could not immediately confirm whether that employee was fired because of Olive’s lawsuit.

Opposing lawsuits LeJune intends to appeal to the Texas Legislature to waive the University’s sovereign immunity so he and Olive “can go after UH in an appropriate fashion.” Forbes continues to use Olive’s photo imprinted with Bauer’s credit line, despite LeJune’s request that UH tell the international magazine to cease its use.

Although Olive’s photo was not officially registered as copyrighted content at the time that UH used it, LeJune said Olive’s rights are unchanged. Olive has now officially registered all of his content to be copyrighted, lessening the likelihood of this happening again.

“Bauer teaches — hopefully — business ethics, so this should be something that, in my mind, if they saw it, would need to be corrected,” Olive said.

Olive can’t help but juxtapose his lawsuit with UH’s other recent legal battle, their trademark infringement suit over South Texas College of Law’s renaming to “Houston College of Law.” The universities reached a tentative settlement in that case earlier this month, preserving UH’s trademarked name.

“That was hypocritical,” Olive said. “They’re sitting here denying my claim while going after someone else. What does that represent to the students?” news@thedailycougar.com

10 | Wednesday, March 8, 2017

OPINION

PUZZLES

thedailycougar.com/opinion

EDITORIAL BOARD EDITOR IN CHIEF

Trey Strange

MANAGING EDITOR

Alex Meyer

CREATIVE DIRECTOR

Leah Nash WEB EDITOR

Emily Burleson NEWS EDITORS

Marialuisa Rincon Jasmine Davis Traynor Swanson SPORTS EDITORS

Leonard D. Gibson III JD Smith

OPINION EDITORS

Thomas Dwyer Jorden Smith ARTS EDITORS

Karis Johnson Karin Keller Julie Araica PHOTO EDITORS

Justin Cross Ajani Stewart SENIOR STAFF

Erin Davis Erin Fehres Dana Jones Emily Lincke Camille Mullery Katie Santana Peter Scamardo

STAFF EDITORIAL The Staff Editorial reflects the opinions of The Cougar Editorial Board (the members of which are listed above the editorial). All other opinions, commentaries and cartoons reflect only the opinion of the author.

Opinions expressed in The Cougar do not necessarily reflect those of the University of Houston or the students as a whole.

LETTERS TO THE EDITOR The Cougar welcomes letters to the editor from any member of the UH community. Letters should be no more than 250 words and signed, including the author’s full name, phone number or e-mail address and affiliation with the University, including classification and major. Anonymous letters will not be published. Deliver letters to N221, University Center; e-mail them to letters@thedailycougar.com; send them via campus mail to STP 4015; or fax to (713) 743-5384. Letters are subject to editing.

GUEST COMMENTARY Submissions are accepted from any member of the UH community and must be signed with the author’s name, phone number or e-mail address and affiliation with the University, including classification and major. Commentary should be limited to 500 words. Guest commentaries should not be written as replies, but rather should present independent points of view. Deliver submissions to N221, University Center; e-mail them to letters@thedailycougar.com; or fax them to (713) 743-5384. All submissions are subject to editing.

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Hofheinz Pavilion had its own personality. There was a magic to Hofheinz, even during the toughest and ugliest of games. | Courtesy UH Athletics

ATHLETICS

History of Hofheinz will not be forgotten

T

ilman Fertitta walked out of Hofheinz Pavilion with the last game ball ever to be used in the arena. At the end of Sunday's game, the days of the Pavilion came to a close. All the history, all the wins and all the good times have become a memory.

I remember going to Hofheinz as a kid, thinking how different JORDEN it looked comSMITH pared to all the ASSISTANT OPINION EDITOR other basketball arenas.

Hofheinz Pavilion was its own; it had its own personality. No other arena felt as wide open as it did.

Whenever there was energy through the crowd, you could feel it all throughout the Pavilion.

You were never cut off from the game, no matter if you were grabbing snacks by either of the entrances or heading to one of the few bathrooms on either side of the circle.

There was a magic to Hofheinz, even during the toughest, ugliest games.

So thank you, Hofheinz, for being part of the Golden Age of University of Houston sports.

It was the house that Guy V. Lewis, whom the court is named after, built. In the early '80s, Houston basketball was the best thing going in college sports as Phi Slama Jama put Hofheinz on the map and ultimately changed the way college basketball was played.

All the memories of future NBA Hall of Famers Hakeem Olajuwon (the man who took the final shot at Hofheinz) and Clyde Drexler started at Hofheinz.

The 1982-1983 team was so important and spectacular that ESPN made a documentary

detailing how great Phi Slama Jama was. Throughout the documentary, Hofheinz was always there; the home of the greatest team that could've won it all.

Men’s basketball, however, wasn’t the only sport played in the pavilion. Women’s basketball and women’s volleyball also called it home. Though their legacies aren't as well known, both teams have had their moments and are important to many Cougars, past and present.

There is a lot of history we shouldn't forget and hope to preserve. Hofheinz was, and for the time being still is, a staple to being a Cougar. The taunts thrown at the opposing team as they line up for a free throw is the embodiment of school spirit that football games never seemed to encompass. We will miss the heckling crowd and the band singing songs like “It’s a Small World” and the theme to Spongebob Squarepants.

But it's more than past time to make some sort of renovation.

From the outside it looked like a building that had seen more years than it could handle. The inside looked old and as though a facelift was necessary years ago.

We should all be thankful that Tilman Fertitta stepped in and helped to create a new home for Cougar basketball and volleyball. In 2018, when Fertitta walks onto the court with the game ball, introducing the new Fertitta Center, the history of where the center stands won’t be forgotten.

In the end, the University won’t soon forget the history of Hofheinz, even if the building no longer stands. So thank you, Hofheinz Pavilion, for everything.

Assistant opinion editor Jorden Smith is a political science and creative writing junior and can be reached at opinion@thedailycougar.com.

ACROSS 1 “Waiting for ___” 6 Dignified manner or conduct 10 Potted meat brand 14 “With not ___ out of place” (totally neat) 15 Cookie from Nabisco 16 Trident feature 17 Pennywise contestants compete on “Bowling for ...

20 Doo-wop’s ___ Na Na 21 Big name in running water 22 More than pleases 23 Mean without saying 25 Small, loud ruckuses 26 ___-bodied (strong) 28 Where river and sea meet 32 Peruvian cousin of a camel 34 White-tailed shore eagle 35 Heifer’s utterance 38 Thrillseekers compete on “Match ...

42 “I just discovered this!”

43 Well-bred, wellmannered chap 44 More mentally stable 45 Catchwords 48 Gripping device 49 Bobbing in the ocean

51 Square, nerdy sort 53 Greek goddess of wisdom 55 “Take ___ song and make it better” (Beatles lyric) 56 Ending with “walk” or “shoo” 59 Milk maidens compete on “Shop ’Til You ...

62 Fraught with danger 63 Be the card distributor 64 Like gummy bears 65 It’s found lying on the beach 66 Aces may complete them 67 Food sample DOWN 1 Roams around 2 “Here comes trouble!”

3 Buddhist bigwig 4 Engine need 5 Lady’s partner, in animation 6 Strolls casually 7 Ayatollah’s country 8 Evening, in old poems 9 Lymph ___ 10 “Easy there, boy” .11 Horse or Ford of old 12 Poker fees 13 It requires housekeeping 18 Part of Hollywood?

19 Some red wines 24 Viral internet item

26 27 29 30 31 33 35 36 37 39 40 41 45 46 47 49 50 52 53 54 55 57 58 60 61

Wee bit of marine life Far from stimulating Udder parts Ashes receptacle “___ port in a storm” Kabul currency Small motorcycles Things in billfolds, sometimes Brutish beast of folklore Above, to poets of old Letters from your folks?

“I ___ a Dream” Took a quick look Ill-fated Fords Mop, as ship decks Lobbies for light gatherings?

Fleeced but good Draw out Attaches Ifs or buts partners At the drop of ___ (right away) Semiaquatic salamander Protrusion of the eyelid Wooden golfing gadget One of two in a dance name

Wednesday, March 8, 2017 | 11

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SPORTS

sports@thedailycougar.com

Leonard D. Gibson III, EDITOR

FOOTBALL

Applewhite, QB look to prove themselves in spring practice J.D. SMITH

ASSISTANT SPORTS EDITOR JDSMITH_08

On Monday, the Cougars completed the first of 14 spring practices that will culminate in the annual Red & White Game on April 15. Leading up to the game, The Cougar will break down a different aspect of the team each week as they prepare for the start of the 2017 season.

In the last two seasons under Tom Herman, the Cougars rose into the Top 5 and won the Peach Bowl in 2015. Now heading into year one of the Major Applewhite era, three burning questions face a Cougar team looking to make headlines in 2017.

Carousel of Coaches With Herman leaving for greener pastures in Austin, UH had to find a new head football coach and chose Applewhite last December.

After a chaotic off-season, Applewhite enters his first true season leading the Cougars.

"It was different today than even it was in the bowl practice because I was trying to run an offense at the same time and try to get ready at the same time," Applewhite said. "You’re able to see things on both sides of the ball and effort."

As the new coaches make their voices heard and tell the athletes how they want things done, they place an emphasis on building and continuing a culture. It's more about how they do everything than what they're doing exactly, Applewhite said.

Applewhite already has a good rapport with the offense, spending the last two seasons as its coordinator. He wants the players to take their chances and make mistakes in spring so they learn their limits, but he knows ball security is key to a successful season.

Applewhite is not afraid to tell the players when they're doing something wrong, either. Telling them exactly what he wants can prevent plays from being lost in translation.

"He knows exactly what he wants, what he needs out of us and he’s a straight shooter," redshirt junior quarterback Kyle Allen said. "He doesn’t lie to us and tell us other things; he really tells us how it is, so I appreciate that about him."

A New Leader During the past two seasons, Cougar fans have grown accus-

tomed to watching Greg Ward Jr. bob and weave his way through traffic, throwing dimes and provoking highlight films on every play. Now that the Tyler native has graduated, there is competition to see who the next signal caller will be.

Although he said no starter will be named until fall camp, Applewhite knows what he's looking for in a quarterback.

"Number one: leadership and move your unit. That’s your job, to bring tempo to your unit and be a leader from that standpoint," Applewhite said. "Get your team into the end zone.

And I want to see them play turnover free."

The early leader heading into spring is the No.1 quarterback prospect from the 2013 recruiting class, Allen. After spending two seasons at Texas A&M, he transferred to Houston prior to last season, sitting the year out and running the scout team.

The Scottsdale, Arizona native started 14 games for the Aggies and is easily the most experienced of the group. He spent all of 2016 running the offense against a starting Cougar defense that sacked Heisman Trophy winner Lamar Jackson 11 times, holding him 211 passing yards and 33 rushing yards.

"I think it was good for me, and I grew a lot as a player just watching Greg (Ward Jr.) work and how the offense worked last year," Allen said. "I wouldn’t change a thing 'cause last year I grew a lot as a person and as a player and I think it was a year I needed. " The other two vying for the job are senior Kyle Postma and sophomore playmaker D'Eriq King. Neither will see action in the spring: Postma has a wrist injury and King is still recovering from a knee injury.

This will allow Allen to take a majority of the reps and build up a rapport with returning receivers Steven Dunbar and Linell Bonner. Even being a top recruit and clubhouse leader for the starting job, Allen knows he's going to have to work hard every day to prove he deserves the job.

"Tom Brady said it best in ‘you’ve got to come in every day and prove why you’re the guy,'" Allen said. "If you do that, not only are you proving to everybody else you’re the guy, you’re getting better every day and I think that’s something that I hold close to me."

"It was different today than even it was in the bowl practice because I was trying to run an offense at the same time and try to get ready," said Major Applewhite, the head coach. "You're able to see things on both sides of the ball." | Courtesy of UH Athletics

Replacing the Defense Under former defensive coordinator Todd Orlando, the Cougar defense became one of the best in the nation. Forcing oppo-

nents into 53 turnovers and 75 sacks, the 'Third Ward D'" made their presence felt against top opponents.

Now under defensive coor-

dinator Mark D'Onofrio, the Cougars have to replace five starters who combined for 20 sacks and all five of the team's interceptions. It will be imperative for others to step up into that leadership role.

Now entering his sophomore season, 19-year-old tackle Ed Oliver will be looked at to anchor the team. The five-star recruit made headlines last season being the only freshman on the All-American team.

In the secondary, junior safety Garrett Davis will be tasked with leading a group that lost both starting corners. Together with senior Khalil Williams, the safeties combined for 134 tackles and five sacks in 2016.

"We take pride in being the UH defense, we take pride in wearing the jersey," Davis said.

"Whatever this year has for us, whatever identity it gives us, we’ll roll with it." sports@thedailycougar.com

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Leonard D. Gibson III, EDITOR

TRACK & FIELD

Cougar quartet to represent UH at Indoor Track Championships PETER SCAMARDO

SENIOR STAFF WRITER @PLSCAMARDO2

The moment the men's track & field team was done celebrating their third straight indoor conference title, they went straight to work, preparing themselves for the outdoor season.

But while the majority are prepping for the Spring Break Invitational, four are getting their last two weeks of training in before the Indoor National Championships. Senior sprinter Cameron Burrell, sophomore sprinter Mario Burke, sophomore hurdler Amere Lattin and senior distance runner Brian Barraza all either won or were runners up in their respective events at conference.

The four accounted for 60 of the men's record-breaking 174 points.

"This is the most we've had in a while," said Carl Lewis, the assistant coach. "My first year, we had none. I think the guys are ready. It could be the first time that we have two 60m finalists."

Setting records Burke and Burrell both ran 6.59s to finish first and second in the 60m conference final.

The two were separated by mere thousandths of a second — the second victory for Burke this season under

such circumstances.

In addition to setting a personal record for Burke, his time jumped him into the top tier of the NCAA. After sitting on the edge of qualification going into conference, he is now tied with Burrell for the third-fastest time in the country.

"I'm happy for him because he needed that PR and conference title more than I did," Burrell said. "Now that he jumped up into the tie for third place along with me and some of the other guys in the NCAA. It's good for him because he'll get that championship experience he needs for the future of the University."

Burrell is returning to the event that saw him finish as runner-up last season, even though he set the school record with the fourth-fastest time in NCAA history. But he says he's not thinking about it; Burrell has been improving every meet, getting his fitness level to a point at which he can execute in every race.

"I practice with Cam and Eli (Hall-Thompson) everyday, so I know that we're the best out there," Burke said. "I know if I can beat them in practice, I'll be able to win the meets. It would be nice to send a message heading into outdoor because we lost the 4x100m (last year). So we're coming to win it and if we got to

The Cougars look for a top-10 finish this weekend in the NCAA Indoor Track & Field Championships | Courtesy of UH Athletics

the finals, it would show everyone that we're ready."

Avenging the past After failing to make an impact during the indoor season last year, Lattin has been one of the top athletes in the 60m hur-

dles all season long. He has all the confidence he is going to win, plus he has the advantage of having run against the top national hurdler already.

Lattin's only collegiate loss came at the Tyson Invitational, where he finished third with

The four Cougars representing UH are either just a few seconds or mere miliseconds behind the best NCAA times of the year. | Katie Santana/The Cougar

his season best, 7.74s. That day, Grant Holloway of Florida set the top time of 7.59s. While Lattin is aware that Holloway is expected to win nationals, he knows that if he continues to work hard, he may be able to win it himself.

Until the last week of competition, Brian Barraza had been in the national marks for both the mile and the 3000m. Although he was knocked out of the top 16 for the mile, he is currently No. 14 for the 3000m.

Barraza ran solely in the mile for the first month of the season, but he broke his own 3000m school record in his first race of the season. His second place time of 7:53:60 at the Husky Classic still sits in the NCAA Top 16.

As long as the athletes perform to the best of their ability, they will have success in College Station. While a team championship is a reach considering only four are going, the men have their sights on a top-10 finish.

They believe this will send a message to fans that the Cougars are on the rise to becoming one of the best teams in the country.

"If you're in the final, you're in the race," Lewis said. "Don't try to do anything special. Just do what got you there. Keep it simple and you'll be successful." sports@thedailycougar.com