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THE DAILY TEXAN DT WEEKEND
‘It’s the most wonderful time of the year’
Friday, October 2, 2009
By Bobby Longoria Daily Texan Staff Four branches of the UT System health institutions filed a lawsuit against the commissioner of the Internal Revenue Service for failure to refund more than $10 million of federal employment taxes to medical students since 2005. The UT Health Science Center at Houston, the Health Science Center at Tyler, the M.D. Anderson Cancer Center and the UT Medical Branch at Galveston filed the suit in U.S. Western District of Texas court. The centers house education programs for medical school graduates undergoing their residency programs. During the program, residents participate in “teaching rounds,” lectures and procedural workshops. They also provide care for patients under the supervision of the center’s faculty. The centers pay medical residents a stipend that provides a “minimum level of financial support during their enrollment [and] stipends are far lower than salary and benefits typically paid in the marketplace to practicing medical professionals,” according to the lawsuit. According to Section 218 of the Social Security Act, state employees are not subject to the Federal Insurance Contributions (FICA) tax unless they are not a part of a state retirement plan or they are covered by an agreement made by the state with the Social Security Administration. The state of Texas modified the section in 1951 to expand Social Security agreement coverage to all state employees, including those at UT System health institutions. But, Modification 1496 excluded from coverage any services performed for schools, colleges and universities, including the UT System health institutions, by a student enrolled and attending classes at that school. Medical residents participate in Texas state retirement plans and are not covered by the agreement, therefore they are not subject to FICA taxes, according to the lawsuit. Under the provisions for FICA collection, the Internal Revenue Code states that services in the employ of schools, colleges or universities are exempt
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www.dailytexanonline.com
Music mania
Mary Kang | Daily Texan Staff
Chemical engineering sophomore Shadid Askar, Plan II sophomore James Cameron and geology sophomore Elisabeth Steel sit in front of the Austin City Limits Music Festival box office at Zilker Park after receiving their three- day wristbands on Thursday afternoon.
INSIDE: Tips on how to survive ACL on page 12
UT plane flies to football games, rodeo By Hudson Lockett Daily Texan Staff Use of the UT System plane in the past year has consisted of routine fundraising trips to alumni dinners and attendance at UT football games, as well as the more out-ofthe- ordinary events, like the Houston Livestock Show and Rodeo. A March flight carrying six UT officials and President William Powers’ wife to the rodeo on UT-Austin night was one of more than 110 trips by the UT System aircraft during the 2008-2009 fiscal year. The plane, reserved by state and UT System personnel for official state business, has seen a variety
Construction deaths prompt change In the resolution, the City Council promised to address poor construction safety standards by requiring the City Manager to work with the Workers Defense Project and construction industry stakeholders. The project aims to empower low-wage workers to act collectively for justice in the workplace. Over the summer, three workers died in West Campus after falling from scaffolding,
TOMORROW’S WEATHER
Lady Longhorns look for big wins
Serving the University of Texas at Austin community since 1900
Medical branches sue for refunds
By Rachel Platis Daily Texan Staff Members of the Workers Defense Project lined seven pairs of construction worker boots outside City Hall on Thursday in memory of the seven workers who died on the job in Austin this summer. The organization recognized and congratulated City Council members after the unanimous passage of its Construction Safety Resolution.
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while another worker died from a hit-and-run accident after a driver ran through a construction zone on Interstate Highway 35. Another worker died after three days of working in extreme heat. “All of the deaths that occurred this summer were preventable,” said Emily Timm, policy advocate for the organization. “The recognition
DEATHS continues on page 2
Jordy Wagoner | Daily Texan Staff
Austin City Council unanimously passed a resolution Thursday promising to improve safety standards on construction sites.
of uses in the past year. Along with many System business meetings and annual visits to UT campuses throughout the state, the plane ferried UT System and UT-Austin officials to football games, country club receptions and one rodeo according to flight logs recording flight destinations, passengers and purposes from August 6, 2008 to August 21, 2009. The UT Austin football program also used the plane for recruiting efforts throughout the year. UT football coaches made a total of 15 trips to evaluate and recruit high school athletes in five different states. The System purchased a used
nine-seat 2007 model Beechcraft King Air 350, which began passenger service in August 2008, to replace a 1982 King Air B-200. The B-200 cost $1,253.66 per hour to operate in 2006-2007, according to System documents from 2008 that lay out options for replacing the aged aircraft. UT System spokesman Matt Flores offered a similar analysis of the past year’s average cost-perhour that has not been completed. Documents from Hawker Beechcraft, the manufacturer of the current System plane, estimate the average cost of operation of the King Air 350 to be $1,088.21 per hour.
Use of the aircraft has two accounts, one for System flights and another for flights to be reimbursed by non-System entities, including UT departments and the Office of Facilities, Planning and Construction. The two accounts are budgeted for a total of $312,374 for the 2010 fiscal year. Texas government code requires that passengers be officers or employees of the state, their spouses or other non-employees whose presence benefits the state or is in furtherance of state business. Passengers may also be in the care or
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Project provides services to cyclists By Shabab Siddiqui Daily Texan Staff The city of Austin’s Bicycle Program kicked off a multi-dimensional project to aid bike commuters Thursday morning at the James D. Pfluger Bicycle and Pedestrian Bridge at Lady Bird Lake. Other groups involved with the project include the Texas Parks and Wildlife Department and the Austin Police Department, as well as local businesses, Bicycle Sport Shop, Mellow Johnny’s Bike Shop and REI. “We had a great first day,” said project manager Annick Beaudet. “With this economy, the more different departments can work together, the more the community benefits.” The pilot project provides a plethora of services including free, on-site maintenance for bikes and education about bike safety, security, commuting and urban trails etiquette. Beaudet said almost 150 commuters stopped by. “It was a huge community service,” she said. “It’s important to foster goodwill between bikers and joggers. We’re hoping to create better quality time on the trail and to reward those for commuting.” According to recently updated U.S. Census data, the number of adult biking-commuters increased from a little under 1 percent to more than 1.5 percent in 2008. Beaudet said the city started the project to accommodate the recent surge. “The city updated its bicycle
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Kari Rosenfeld | Daily Texan Staff
Chuck Cofas repairs a bike at Mellow Johnny’s in Austin. Mellow Johnny’s is involved with Austin’s Bicycle Program to help bike commuters.
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Friday, October 2, 2009
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THE DAILY TEXAN Volume 110, Number 83 25 cents
CONTACT US Main Telephone: (512) 471-4591 Editor: Jillian Sheridan (512) 232-2212 editor@dailytexanonline.com Retail Advertising: (512) 471-1865 joanw@mail.utexas.edu Classified Advertising: (512) 471-5244 classifieds@dailytexanonline.com
The Texan strives to present all information fairly, accurately and completely. If we have made an error, let us know about it. Call (512) 232-2217 or e-mail managingeditor@dailytexanonline.com.
CORRECTIONS The Sept. 25 column, “Fighting discrimination� should have read: the Employee Non-Discrimination Act has garnered attention in part because of a current focus on several high-profile LGBT issues, including the repeal of “don’t ask, don’t tell� and the continuing fight for marriage equality. It also should have stated that Austin does require that companies that submit bids for city contracts have LGBT non-discrimination policies in place. Thursdays article “Ex-official offers students practical career advice� should have stated Veronica Stidvent worked for the Office of Management and Budget as Special Assistant to the Administrator in the Office of Information and Regulatory Affairs from 2001-2003, before Clay Johnson began at the Office of Management and Budget in 2003. The Texan regrets the error.
Jordy Wagoner | Daily Texan Staff
Martin Moiz presents a large ‘Thank You’ card to City Council members Bill Spelman, Mike Martinez and Chris Riley for passing its Construction Safety Resolution.
DEATHS: Changes will make Austin safer for workers From page 1 of the problem is an important first step.� Over the summer, the Workers Defense Project, in collaboration with the University, released a study that found Texas is the deadliest state in the country for construction workers. The study prompted city officials to recognize the problem and take action. The study included 312 indepth interviews with construction workers from all over Austin, said Patricia Zavala, Work-
COPYRIGHT Copyright 2009 Texas Student Media. All articles, photographs and graphics, both in the print and online editions, are the property of Texas Student Media and may not be reproduced or republished in part or in whole without written permission.
NEWS BRIEFLY
TODAY’S WEATHER
Swine Flu claims high-risk UT staff member Sunday
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20 Mountains. 5 Resorts. 1 Price.
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THE DAILY TEXAN
This newspaper was written, edited and designed with pride by The Daily Texan and Texas Student Media.
Permanent Staff
Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jillian Sheridan Managing Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Stephen Keller Associate Managing Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .David R. Henry, Ana McKenzie Associate Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jeremy Burchard, Dan Treadway, David Muto, Lauren Winchester News Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sean Beherec Associate News Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Pierre Bertrand, Austen Sofhauser, Blair Watler Senior Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Viviana Aldous, Bobby Longoria, Rachel Platis, Lena Price Enterprise Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Andrew Kreighbaum Enterprise Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hudson Lockett Copy Desk Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Green Associate Copy Desk Chiefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cristina Herrera, Nausheen Jivani, Matt Jones Design Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Thu Vo Assistant Design Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Shatha Hussein Senior Designers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taylor Fausak, Lynda Gonzales, Olivia Hinton Photo Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May-Ying Lam Associate Photo Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bryant Haertlein, Peter Franklin, Caleb Miller Senior Photographers . . . . . . . . . . . . . . . . . . .Karina Jacques, Mary Kang,Tamir Kalifa, Peyton McGee, Sara Young Life&Arts Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leigh Patterson Associate Life&Arts Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brad Barry, Francisco Marin Jr. Senior Features Writers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Audrey Gale Campbell, Lisa HoLung, Ben Wermund Senior Entertainment Writers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Robert Doty, Mary Lingwall, Robert Rich Senior DT Weekend Writer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amber Genuske Sports Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Austin Talbert Senior Sports Writers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Will Anderson, Wes DeVoe, Blake Hurtik . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dan Hurwitz, Laken Litman, Michael Sherfield, Chris Tavarez Comics Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carolyn Calabrese Web Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annika Erdman Associate Web Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Erik Reyna Multimedia Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Juan Elizondo Associate Multimedia Editors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kara McKenzie, Rachel Schroeder Senior Videographer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dane Hurt Editorial Adviser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Richard Finnell
Issue Staff
Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alex Geiser, Shabab Siddiqui, Jordan Haeger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nihas Wagal, Nehal Patel Photographers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Kari Rosenfeld, Jordy Wagoner Life & Arts Writers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jordan Godwin, Alexandra Carreno, Austin Ries Copy Editors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vicky Ho, Megan Gottleib, Kelsey Crow, Carolyn Webb Comics Artists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alex Diamond, Connor Shea, Sam Martinez, Michael Bowman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ryohei Yatsu, Jeremy Johnson, Rudy Ferguson, Monica Tseng Designers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mastafa Saifuddin, Veronica Rosalez Web Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nikki Kim Columnists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ashley Shew, Dave Player
Advertising
Director of Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jalah Goette Retail Advertising Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brad Corbett Account Executive/Broadcast Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carter Goss Campus/National Sales Consultant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joan Bowerman Assistant to Advertising Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C.J. Salgado Student Advertising Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kathryn Abbas Student Advertising Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ryan Ford Acct. Execs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lauren Aldana, Anupama Kulkarni, Ashley Walker, Natasha Moonka Taylor Blair, Tommy Daniels, Jordan Gentry, Meagan Gribbin, Jen Miller Classified Clerks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Teresa Lai Special Editions, Editorial Adviser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elena Watts Web Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Danny Grover Special Editions, Student Editors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kira Taniguchi Graphic Designer Interns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amanda Thomas Senior Graphic Designer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Felimon Hernandez
The Daily Texan (USPS 146-440), a student newspaper at The University of Texas at Austin, is published by Texas Student Media, 2500 Whitis Ave., Austin, TX 78705. The Daily Texan is published daily except Saturday, Sunday, federal holidays and exam periods, plus the last Saturday in July. Periodical Postage Paid at Austin, TX 78710. News contributions will be accepted by telephone (471-4591) or at the editorial office (Texas Student Media Building 2.122). For local and national display advertising, call 471-1865. For classified display and national classified display advertising, call 471-1865. For classified word advertising, call 471-5244. Entire contents copyright 2009 Texas Student Media.
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Texan Ad Deadlines
10/2/09
Monday .............Wednesday, 12 p.m. Thursday.................Monday, 12 p.m. Tuesday.................Thursday, 12 p.m. Friday......................Tuesday, 12 p.m. Word Ads 10 a.m. Wednesday................Friday, 12 p.m. Classified (Last Business Day Prior to Publication)
ers Defense Project community organizer. “The numbers were shocking, and so much worse than a lot of people imagined,� she said. The resolution calls for local policy fixes such as granting construction workers rest breaks, hiring construction safety inspectors and rewarding companies that follow safe practices. “The Workers Defense Project put an entirely new issue on the agenda that was never on the agenda before,� said Councilman Bill Spelman. “The prob-
lem is now clear to everyone, and hopefully we won’t have these boots on the stage next summer.� There are an estimated 50,000 workers in the Austin construction industry, and there are 11 construction projects in progress downtown, with another 30 in the planning stages, said Councilman Mike Martinez. “Austin is one of the first cities to recover from the economic crisis, and this [construction safety] problem won’t go away easily,� Martinez said. “But through working together, we
can create safer working conditions.� The study also showed that one in five Austin construction workers has suffered a workplace injury that required medical attention, and that three out of four construction workers do not have health insurance. One in five workers also reported being denied payment for their construction work in Austin, and 45 percent of workers earned poverty-level wages. “In Austin, we like to take pride in our city,� said Councilman Chris Riley. “We want to
know that our buildings were built in a manner that is consistent with our values, and that no workers’ lives were put at risk.� The City Manager ’s office must present its recommendations for improving worker conditions to the City Council by Jan. 22, 2010. “Today is a great day for us construction workers, our spouses and our children,� said construction worker Martin Ruiz. “Today is a great day because we know that our work is honored and valued.�
sociate vice president for Campus Safety and Security. The name of the staff member was not released before press time. Her last day of work at the University was Sept. 22, and some time after she was admitted to St. David’s Medical Center for H1N1 symptoms. State laboratory culture tests confirmed today that she had the H1N1 virus, Harkins said. “She had several of the risk factors that could cause complications with swine flu,� he said. “Whether it was one of those risk factors or the actual virus that caused the death, we’re not sure.� University officials believe this is the first H1N1-related death on campus. “We don’t think we need to change anything [the University] is doing and we’re still pro-
moting good hygiene and our flu shot campaign,� Harkins said. “If you’re feeling ill, don’t come to class or work, stay at home, medicate yourself and get yourself fever-free for at least 24 hours before you come back.� University Health Services has ordered 15,000 doses of the H1N1 vaccine, which should be available during the first week of November, Harkins said. — Nehal Patel
starz, Brandon and LaBaaron Hutchison, are accused of firing a volley of bullets into the downtown Spiros nightclub May 29. Candrick was arrested June 3 on three unrelated drug charges after the Austin Police Department found marijuana and methamphetamine inside a vehicle allegedly linked to Candrick. “I think it’s pretty well understood that it wasn’t his vehicle,� said Robert Icenhauer-Ramirez, Candrick’s attorney. “What I am trying to do is find out how he is linked to the car.� Icenhauer-Ramirez said the district attorney and APD are sharing information with him related to the case. He said that initially APD thought Candrick was involved in the Spiros shooting during the immediate investigation, but after continued investigation,
he was disconnected with the May 29 events. “The [Hutchison brothers] are in the 147th court and [Candrick] is in the 167th,� Icenhauer-Ramirez said. “I think the fact that they weren’t bundled together is an indication that the DA’s office has accepted the fact that they aren’t necessarily connected.� Both attorneys said the next trial date in late October will likely be another setting and that major court proceedings are not likely to happen at this point. Mark Pryor, city assistant district attorney, said their focus is not going beyond the drug case. “I think we have everything we need, and we are just working with the defense lawyer,� Pryor said. “We are treating it like any other drug case.� — Bobby Longoria
Rapper’s trial for drug charges pushed to end of month The trial of Wendon Candrick, of the rap groug LG Allstarz, was reset Thursday to Oct. 26 in order to extend the discovery phase of his drug-related charges. The other members of LG All-
Perry, state officials pledge to ‘keep taxes low’ By Alex Geiser Daily Texan Staff Gov. Rick Perry signed the Taxpayer Protection Pledge on Thursday, thereby committing to not increase state taxes and oppose others’ efforts to do so. Perry is now one of the more than 1,100 state officeholders to pledge their allegiance to not raising taxes. The pledge is a product of the national nonprofit lobbying organization, Americans for Tax Reform, which was created by Grover Norquist in 1985 under the Reagan Administration. The pledge is a written commitment from legislators and candidates to oppose any measure to increase taxes. Perry, who is running for reelection in 2010, supports tax reform without increase. “We’ve watched governments strangle their economies [and] drain their citizens,� Perry said. “Here in Texas, we work to keep taxes low.� Norquist, president of Americans for Tax Reform, clarified that the goal of the pledge is to ensure for no net tax increase, but leaves room for tax reform. “The pledge does not get in the Jordy Wagoner | Daily Texan Staff way of reforming taxes,� he said. Gov. Rick Perry and Americans for Tax Reform President Grover “It simply draws a line and says Norquist signed a “Taxpayer Protection Pledge� at a press conference that tax reform can never be used on Thursday. as a mask for tax increases.� Norquist said Perry’s transparency, or his method of keeping public, has been emulated by 24 of Americans for Tax Reform, extensive records of state agency other state governments. Norquist said he cannot openly spending online and open to the Due to the nonprofit status support Perry, but spoke highly
of his efforts to refrain from raising taxes. “Raising taxes is what politicians do if they don’t have the guts to govern,� Norquist said. Sen. Kay Bailey Hutchison, who is running in the 2010 gubernatorial election against Perry for the Republican nomination, opposes tax increases and has signed the Taxpayer Protection Pledge. Hutchison spokesman Joe Pounder said that based on Perry’s past, he will be unable to keep the pledge. “Perry has a long record back to the 1980s of raising taxes, and the people of Texas know it because they are paying those higher taxes,� Pounder said. Pounder said that unlike Perry, Hutchison has upheld the pledge, as seen in her work as a senator. “She will oppose efforts to increase taxes, and she will restrain government spending, which is a proven formula for [a] successful conservative leader,� he said. Clay Robison, spokesman for Democratic gubernatorial candidate Tom Schieffer, said even though Perry has not raised taxes, Texans are paying more for government services, including health care and college tuition. “It is a cynical manipulation of the political process to blame increased government costs on somebody else when you were the one that caused the price of the service to go up,� Robison said.
3 W/N
Wire Editor: Emily Chandler www.dailytexanonline.com
WORLD&NATION
3
Friday, October 2, 2009
T HE DAILY TEXAN
Dam reopened in attempt to help salmon populate
Dita Alangkara | Associated Press
Residents survey the damage done by an earthquake in Padang, Indonesia. A second powerful earthquake rocked western Indonesia as rescuers struggled to reach survivors of the previous day’s quake.
Earthquake destroys, takes lives By Irwan Firdaus The Associated Press PADANG, Indonesia — As rescue workers searched for survivors in the wreckage of a fourstory school Thursday, Mira Utami’s mother clawed away, too — looking for the shoes missing from her daughter’s body. Mira was taking a high school English final when the quake hit, flattening the school in seconds and killing her a week before her 16th birthday. “We had planned to celebrate ... but she’s gone,” said her mother, Malina, weeping amid the wreckage where the barefoot body was found.
John Holmes, the U.N.’s humanitarian chief, set the death toll at 1,100, and the number was expected to grow. Government figures put the number of dead at 777, with at least 440 people seriously injured. Wednesday’s 7.6-magnitude earthquake started at sea and quickly rippled through Sumatra, the westernmost island in the Indonesian archipelago. An eerie quiet settled over Padang late Thursday as workers called off search efforts for the night. Thousands are thought trapped under shattered buildings in the city of 900,000, raising fears of a significantly higher death toll
when the debris is cleared. “Let’s not underestimate. Let’s be prepared for the worst,” President Susilo Bambang Yudhoyono said in the capital, Jakarta. President Barack Obama, who spent part of his childhood in Indonesia, pledged to support earthquake recovery efforts there as well as providing assistance in the South Pacific countries of Samoa and American Samoa, which were hit by a deadly tsunami Tuesday. Most of the confirmed deaths in Indonesia were reported in Padang where more than 500 buildings were severely damaged. Where a mall once stood was
Beauty supplies made to terrorize By Adam Goldman The Associated Press NEW YORK — The Afghan immigrant accused of buying large quantities of hair dye and nail polish remover to make explosives had the goods to kill scores of people in New York — a devastating attack on a scale with the transit bombings in London and Madrid, according to documents and interviews with former FBI experts. Prosecutors have not said exactly what kind or number of bombs Najibullah Zazi planned to build, but court documents hint at the possibilities. It is likely he wanted to borrow a tactic used overseas by making bombs out of flour and hydrogen peroxide and putting them in backpacks, perhaps in the city’s transit system, experts say. The case has been described as perhaps the most serious terrorist plot uncovered in the U.S. since 9/11. However, experts said Zazi, who is being held without bail in New York, had the means to kill scores of people — not hundreds or thousands. “These explosives are meant to be concealed easily and deployed easily and kill and maim and cause havoc in small areas,” said Denny Kline, a retired FBI explosives expert. For a really big bomb, “you’re going to need a truck.”
How far along Zazi managed to get is unclear. Investigators have not said whether he successfully built or tested any bombs. Court documents indicate that the 24-year-old Zazi and others were hitting beauty supply stores, buying certain materials clearly used to make bombs. They bought concentrated bottles of hydrogen peroxide hair dye with names like Liquid Developer Clairoxide, Ion Sensitive Scalp Developer and Ms. K Liquid 40 Volume. He and others also bought acetone — nail polish remover — and other ingredients that can be used to make a powerful and highly unstable explosive called triacetone triperoxide, or TATP. The same explosive was used by would-be shoe bomber Richard Reid in 2001 and the terrorists who carried out the London bombings in 2005 that killed 52 people. But in each of those earlier instances, TATP was not the main charge — it was the detonator. It was supposed to help detonate the plastic explosives in Reid’s shoe aboard a jetliner. “It is used more as a detonator because it’s easy to initiate,” said Leo W. West, a retired FBI explosives expert. “TATP is not the type of thing you want to bounce around with.”
While experts say hydrogen peroxide-based bombs are relatively easy to make with the correct recipe, Zazi was struggling. In early September, Zazi was communicating frantically with another individual “seeking to correct mixtures of ingredients to make explosives,” according to court documents. Prosecutors say he requested information about flour and ghee oil, which is strained butter typically used in Indian communities. Notes lifted from Zazi’s laptop computer discuss formulations for “mixing hydrogen peroxide with flour, and list ghee oil as a type of fuel that can be used to help initiate the explosive device,” prosecutors said. Zazi would have been taking a big risk if he had planned to use a car to transport large quantities of the TATP to New York from Denver, where he is suspected of buying ingredients and trying to make the bombs. TAPT is sensitive to heat, friction and shock. Dave Williams, another retired FBI explosives expert, said a half cup of TATP would blow the doors off a car and probably kill anybody inside. “It’s very dangerous,” Williams said. In 2006, an explosion ripped through a Texas apartment where two men were making TATP. One was killed, the other injured.
NATION BRIEFLY
The state will also look into the circumstances under which ACORN employees were videotaped, said Scott Gerber, a spokesman for Brown. Amy Schur, head organizer for California ACORN, said the group is cooperating with state investigators and has handed over staff policy and procedure documents and other information. “We’re absolutely cooperating and will continue to provide any information that’s helpful since we’re confident that we’ve committed no crimes,” Schur said. Schwarzenegger, a Republican, sent a letter to Brown, a Democrat, last month requesting the investigation.
orado’s Pikes Peak, and a rescue group says it’s probably a domesticated escapee that has little chance of surviving in the wild. The llama was first reported about a month ago and has been ranging between the 13,000-foot level and the 14,110-foot summit. It has ventured to within 30 feet of a cog railway that runs to the top. Southwest Llama Rescue is coordinating efforts to capture the llama before it falls prey to mountain lions, coyotes or the coming winter. L’illette Vasquez, Colorado coordinator for the group, says llamas are domesticated livestock and don’t have the instincts to survive in the wild. Neither Vasquez nor Pike National Forest officials know how it got there.
California attorney general starts ACORN investigation SACRAMENTO, Calif. — California Attorney General Jerry Brown on Thursday said he is investigating the community organizing group ACORN in response to a request from Gov. Arnold Schwarzenegger. In a letter to the governor, Brown’s office said it would look into the group that has come under fire in recent videos produced by conservative activists. Employees at ACORN offices in San Bernardino and San Diego were caught on camera appearing to advise a couple posing as a pimp and prostitute to lie about the woman’s profession to get financial help for housing and about how to smuggle girls into the country.
Escaped llama cannot survive in wild for long on its own COLORADO SPRINGS — A llama is loose near the summit of Col-
Compiled by Associated Press reports
a heap of concrete slabs layered like pancakes with iron rods jutting out. Police and army rescue teams used bulldozers, backhoes and electric drills to clear the wreckage in intermittent rain, or climbed the hills of rubble to dislodge pieces of concrete with bare hands. Relatives of the missing gathered outside ruined buildings, hoping to hear good news. But mostly, the rescuers found bodies.Occasionally, they saved lives. A Singaporean, John Lee, was pulled alive from the hotel after surviving under the rubble for 25 hours.
By Garance Burke The Associated Press FRESNO, Calif. — Cold water gushed from behind a central California dam Thursday to meet its old, dry riverbed, marking the first step in a federal plan to reawaken the state's second-largest river so salmon can flourish again. The San Joaquin River, whose waters course from the Sierra Nevada to the Pacific Ocean, carried the continent's southernmost salmon run until the 1940s, when the government dammed it to nurture croplands below. That captured snowmelt allowed the state's agricultural economy to thrive, but Friant Dam also dried up portions of the river downstream where salmon once spawned. The surges of water released Thursday marked the beginning of a major restoration ef-
fort, the result of a decadeslong legal tussle between environmentalists, farmers and the federal government. "Having water flow down the San Joaquin is an important first milestone on the way to having a living river again," said Monty Schmitt, senior scientist at the Natural Resources Defense Council, which filed a lawsuit in 1988 stemming from the opening of Friant Dam. After years of negotiations, all parties agreed to a legal settlement in 2006 to return water to two dry stretches of the river and bring back native Chinook salmon by 2012. President Obama signed a bill implementing the agreement in March, and on Thursday, the Bureau of Reclamation released the first test flows into the dry riverbed, where officials hope it will revive parts of the river.
Jeff Barnard | Associated Press
Water not diverted by the J.C. Boyle Dam flows back into the Klamath River. Dam owner PacifiCorp announced a tentative agreement Wednesday to remove the Boyle and three other dams.
OPINION
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Friday, October 2, 2009
Editor in Chief: Jillian Sheridan Phone: (512) 232-2212 E-mail: editor@dailytexanonline.com Associate Editors: Jeremy Burchard David Muto Dan Treadway Lauren Winchester
T HE DAILY TEXAN
GALLERY
VIEWPOINT
Perry blinds justice
Reshuffling and removing the leaders he appoints is shaping up to be Gov. Rick Perry’s signature move in silencing dissent. Perry is increasingly axing appointees who disagree with him. Last month, regents serving on university boards across the state claimed they were forced to resign after publicly supporting Perry’s Republican rival, Sen. Kay Bailey Hutchison, for governor. On Wednesday, Perry replaced three appointees on the Texas Forensic Science Commission — including the chairman — just days before the commission was set to examine the controversial execution of Cameron Todd Willingham, a Corsicana man who was accused of setting his house on fire in 1991 and killing his three children. Many dispute the arson claims, but Perry has maintained Willingham’s guilt. The meeting, which was set for today, was canceled Thursday by Perry’s new appointee to head the board, Williamson County District Attorney John Bradley. The commission was set to hear testimony by renowned fire expert Craig Beyler, whom they hired to investigate the case. Beyler’s report concluded that the arson charge was based on junk science. According to the report, “The investigators had poor understandings of fire science and failed to acknowledge or apply the contemporaneous understanding of the limitations of fire indicators. Their methodologies did not comport with the scientific method or the process of elimination.” Perry maintains that he replaced the board members because their terms expired Sept. 1 and that their removal is “pretty standard business as usual,” The Associated Press reported Wednesday. Eliminating appointees is indeed business as usual for Perry, and his timing is especially telling. His heavy-handed move is a strong indication that he’s worried about what Beyler found and what the commission might conclude. If Perry is so confident that the evidence against Willingham is incontrovertible, Beyler’s report should be a nonissue. As it stands, Perry sanctioned an execution that was based on what appears to be flawed evidence and a butchered investigation. It is likely that he made a mistake — an irreversible, horrifying mistake. But instead of allowing the commission to review the case and consider Beyler’s evidence, Perry decided to dismiss the inquiry and revel in his omniscient certainty. Even Hutchison, who is staunchly in favor of the death penalty, has criticized the governor’s move. Although the Willingham case provides an excellent critique against the flawed Texas execution system, the issue should not devolve into a death penalty debate. This is about someone who may have been wrongly executed and Perry’s refusal to take responsibility for his death. Bradley canceled Friday’s meeting to review the report and decide if the commission will hear Beyler’s testimony. Bradley should have Beyler back as soon as possible to discuss the results of the report. Then we recommend that Bradley start looking for a new job. — Lauren Winchester for the editorial board
GRADUATE STUDENT VOICES
Of Austin and Oz
hood, houses have character, filled with characters that sometimes sing songs in the street at sunset or occasionally neck nakedly in A month ago, I was an art director at a neighbors’ nut trees at night. software company in Dallas, and today I My housemate is Mexican, and he proam a student in Oz, studying to become an fessionally makes two tasty things: tortillas art director. by day and guitar licks by night. My classSeems retrogressive, eh? I feel like I’m a mate is Canadian, and she is maple-sweet quirky character in the chilin personality and gangdren’s book “Sideways Stosta rap in music preference. ries from Wayside School” My friends and I wear so by Austin author Louis Samuch plaid that when we char. If Sachar had known hit Sixth Street, onlookers me beforehand, he may ask, “Where’s da gig?”, asI was such a have included me in his stosuming we belong to an weirdo in Dallas ries, maybe as an oddball indie band. named Owl, with an ultraI see healthy, active, — the only guy twisted neck that would enbeautiful people of every in the office able me to walk in reverse type here. Whether they all the time. be dreadlocked or fauxwith flagrantly I was such a weirdo in hawked, biked or hitchdisheveled hair. Dallas — the only guy in hiked, nude and tattooed or the office with flagrantly diprude and shampooed, hosheveled hair, plaid shirts ly-rolling evangelist or holy and socks that often didn’t jeaned banjoist, this place is match. Somehow, I fit right a wild and wonderful mix. in here in Austin, as if weird I treasure the quirkiness, is not weird here. Weirdness ends in Austin. the fabulous weirdness. This is Eccentricity I live in an area people call the “hippest City. I am in awe in Oz. There’s no place as zip” in Texas: 78704. It’s also the hempest, I odd as Oz. There’s no place like Oz. There’s imagine, and the place is indubitably back- no place like Oz. I am tapping my feet, hapward: abundant in Deadheads and dead ar- py to be home here. madillos, bustling with leisure sport all-stars Lindsay is an advertising graduate student. and lazybones in loafers. In my neighborBy Cabe Lindsay Daily Texan Guest Columnist
Elitism at UT highest-caliber American university with a single-criteria admissions process. While other universities look at extracurricular activities, recommendations and stanYou’ve heard the jokes: “Guns up, grades down,” dardized test scores, for the majority of incoming stu“How many Aggies does it take to screw in a lightbulb?” dents, the only reason they were admitted to UT was and a variety of other disparaging remarks aimed at our their class rank. Essentially, when you claim superioripeers across the state. It’s hard to deny that a sense of ty to students from another Texas school, you are essenelitism exists on the 40 Acres, where the state’s flagship tially saying, “I’m better than you because I had a better public university attracts the best and brightest students high school GPA.” the state has to offer. Or at least that’s how we LongIt’s dangerous to correlate personal worth with enrollhorns enjoy seeing ourselves. ment. In the 2009 edition of the widely cited U.S. News There is some truth to that perception. UT is the high- college rankings, the University landed in the 47th spot, est-ranked Texas public school by among the likes of Penn State and the U.S. News & World Report, and University of Florida. Aside from the the majority of students enrolldebatable accuracy of the rankings, ing via the infamous top 10 perthere are plenty of other reasons to igcent law have chosen to come to nore such arbitrary findings. SubscribAustin. As the UT flagship instiing to the idea of academic elitism or It’s hard to deny tution, UT Austin receives more some hierarchical tier system is essenstate funding than other state unitially devaluing UT. that a sense of versities. Blessed with world-class Yes, our school ranks higher than elitism exists facilities and statewide prestige, most other regional schools, but by takit’s easy for UT students to attriing pride in such rankings we are valion the 40 Acres, bute the esteem of the University dating them and recognizing the supewhere the state’s to their own self-worth, to imagriority of schools ranked above UT. Do flagship public ine that the University is valued you really believe the academic experibecause its students are talented. ence at UT is inferior to those offered by university attracts Often the opposite is true: StuUC San Diego, Case Western Reserve the best and dents see their admission to the University or the University of RochUniversity as an indicator of their ester? It is equally absurd to assume brightest students own intrinsic value. With admisthat the opportunities at UT-San Antothe state has sion or rejection to different colnio, Texas Tech and Texas State are not leges, students receive a straightup to par. to offer. forward measure of their worth — There are ample reasons to take pride either you make the cut or you’re in our university. We have a rich history not good enough for that instituof traditions unique to the 40 Acres. Our tion. That black-and-white evaluoutstanding faculty has brought home ation, coupled with a natural incountless academic prizes, and our varstinct to form factions, leads many college students to sity sports teams have made Longhorns synonymous ground their still-developing identities in their universi- with athletic excellence. ty affiliation. Consequently, students use that affiliation Some 165 miles to the east in Houston, Rice Universito measure themselves against peers from other schools. ty sports a No. 17 ranking by U.S. News. But I imagine If you’re unconvinced, try having a conversation with you’d be hard-pressed to find many Longhorns willing anyone from the McCombs School of Business. to switch schools just to enhance their academic reputaIt is important to recognize the origin of that igno- tion. As great a university as Rice is, it can’t fill a stadirance. As previously mentioned, Texas has been the top um with 100,000 screaming supporters. It doesn’t have destination for students entering under the top 10 per- Sixth Street or the Drag. And no matter the test scores, cent law. Of the class of 2012, 81 percent was admitted media rankings or perceived prestige, it just isn’t Texas. under the law. The law, though recently amended to alPlayer is a plan II junior low UT to admit only the top 8 percent, makes UT the By Dave Player Daily Texan Columnist
Don’t mess with Texas, unless you’re a sex offender
GALLERY
By Ashley Shew Daily Texan Columnist
LEGALESE
RECYCLE!
Opinions expressed in The Daily Texan are those of the editor, the editorial board or the writer of the article. They are not necessarily those of the UT administration, the Board of Regents or the Texas Student Media Board of Operating Trustees. All Texan editorials are written by the editorial board, which is listed in the top right corner of this page.
Please recycle this copy of The Daily Texan by placing it in a recycling bin or back in the burntorange stand where you found it.
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The Austin American-Statesman recently published the horrific account of the abduction of a 9-year-old girl by registered Ohio sex offender Charles Eugene Butcher. This occurred in the wake of the high-profile Jaycee Lee Dugard case, in which an 11-year-old Californian girl was abducted by registered sex offender Phillip Garrido. Both cases have raised serious questions about the effectiveness of parole and sex offender legislation. But I am puzzled at the direction of the debate. Why is it centered on restructuring our parole system, and not keeping offenders behind bars? Butcher only served eight years in Ohio for abduction and was released on parole and instructed not to be around children. When he moved to Texas, he failed to register and wasn’t caught until he abducted the girl. Even then, he was arrested on traffic violations, not in connection to kidnapping.
It is perplexing why the man served only eight years. He served less time in jail for hurting a child than his next victim had birthdays. It is also disconcerting that he moved to Austin in January and wasn’t detected until now. But Butcher isn’t the only case of a sex offender slipping through the cracks of the justice system. In 2003, the Department of Justice reported the average sentence given to child molesters is seven years. Most offenders serve only three or four before being paroled. The saddest part of the story comes from Kenneth V. Lanning, author of “Child Molesters: A Behavior Analysis.” Lanning and other researchers remind the public that most child molestation cases are not the abduction-off-the-street scenario, but acquaintance molestations. Most child abusers are not strangers, but people who know the child. The Dallas Morning News reported that child psychiatrist Dr. William Olmsted was allowed to keep his medical license to work with chil-
dren even after a 2005 allegation of acting inappropriately with a young girl. Now another family has come forward with similar allegations. Olmsted is finally facing punishment for his actions, yet he is still allowed access to his own children. The courts have decided those children are in no danger, despite overwhelming evidence that most perpetrators are relatives and acquaintances of the child. It seems children in our society are viewed as expendable. Rather than locking up sex offenders and throwing away the key, society lets them out to be poorly “monitored,” and given access to their own children. Defenses of the actions of sex offenders by human rights groups and the judicial system are abominable. Children are the most helpless members of our society, and their protection should be a priority. As citizens, we need to be constantly vigilant about the safety of children. Apparently, it will take a village to protect a child. Shew is a psychology junior
5 UNIV
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NEWS
Friday, October 2, 2009
According to law, imitating officer online a crime Critics question if policy to protect police officers violates free speech rights By Jordan Haeger Daily Texan Staff Austin Police Chief Art Acevedo has said he plans to use a new Texas law to prosecute bloggers and blog commenters who impersonate police officers. Section 33.07 of the Texas Penal Code, enacted in September of this year, states that anyone who uses the name of another person in any online forum without permission and with in-
tent to harm, defraud, intimidate or threaten anyone is committing a crime. The law can also be broken via e-mail, text message and instant message. As reported by the Austin American-Statesman, APD officers “have been harassed and lied about and had their identities falsely used in online blogs and in reader comment sections on local media Internet sites.� Scott Henson, who writes a criminal justice blog “Grits For Breakfast,� questions the law and Acevedo’s right to use it. In his blog, Henson comments on the Texas criminal justice system and
the people who play a part in it. In a post titled “I am Art Acevedo,� Henson asks, “Could the headline to this post, especially if written anonymously in a critical blog comment, lead to third-degree felony charges? I didn’t mean to harm Austin Police Chief Art Acevedo, but certainly I’d like to bring ruin to his plans to pursue anonymous commenters for potential criminal charge or civil litigation.� UTPD Chief Robert E. Dahlstrom believes Austin police should be able to prosecute bloggers, if necessary. “There are people pretending to
be [officers] or making bad comments, and I think they have to look at the law and decide what they feel comfortable doing,� Dahlstrom said. “It’s up to them and the court system whether or not it would be accepted.� Acevedo could not be reached for comment. UT School of Law assistant professor Jennifer Laurin said the courts can interpret the law in a variety of different ways. There are two broad categories of challenges to law, Laurin said. In one case, a defendant can argue that his First Amendment rights of free speech are being infringed
upon. Defendants can also claim — even if they admit to attempting to harm the police — that the law is unconstitutional across the board, she said. “The statute has a number of defenses that help narrow it,� Laurin said. Chris Lynn, editor-in-chief of “Republic of Austin,� a blog that covers Austin’s community events, said the police department’s unfamiliarity with technology is the problem. “The police office is confused by the new tools, so they want to prosecute people instead of learning about them,� Lynn said.
Lynn said he believes bloggers should be treated like journalists in this case, and instead of pursuing bloggers for prosecution, they should respond to them. Large corporations are criticized frequently online and they respond to their critics via the blog, Lynn said. This debate began with an internal matter, Lynn said. He said he believes police officers were anonymously criticizing other officers on blogs. “American citizens should all have equal rights whether they are a blogger, journalist or a person on the street,� Lynn said.
Green homes, solar panels increase energy efficiency By Nihas Wagal Daily Texan Staff A new report on found that building advanced solar homes can reduce Texas homeowners’ energy bills by $5.4 billion, which equals a net savings of $480 per household every year. “Everyone knows solar panels and energy saving measures in the home are good for the environment. Our report shows that they are also good for the pocketbook,� said Luke Metzger, director of Environment Texas. “And net-zero energy homes, which combine energy efficiency, clean energy like solar panels and common sense design aren’t something out of the Jetsons, they’re already available right here in Texas.� For the past three years Environment Texas, along with Solutions Oriented Living, has worked on a net-zero energy neighborhood in Austin. The neighborhood, which is made up of 40 homes with solar panels, energy efficient panels and other measures, is the first neighborhood in Texas to produce as much energy as it uses. Over the course of the next 20 years, nearly 2.2 million homes will be built in Texas. By ensuring that all new homes meet the standards of net-zero energy, there will be significant environmental and economic benefits to the state, according to the report. “Our goal with the SOL project is to propose a model of sustainable development that pro-
vides well-designed, affordable homes in Central Austin that significantly reduce a homeowner’s energy consumption, which in turn reduces their expenses, as well as their carbon footprint,� said Chris Krager, a KRDB architect and developer of the project. Krager said that although the up-front premium for this kind of home is about 15 percent more than a regular non-energy
‘‘
I am so excited to be a part of this, and I can’t wait to move into my new home.� — Minnie Chapa first resident of Solutions Oriented Living neighborhood
efficient house, federal and local incentives will make it work. “If you take into account the tax breaks and monthly savings over the long term, it is definitely worth it,� Krager said. Sen. Kirk Watson, a strong advocate for energy saving methods, helped pass the “No Regrets� bill in April, which allows the Texas Commission on Environmental Quality to develop and present a report to the Leg-
islature by Dec. 31, 2010 recommending strategies to reduce the greenhouse gas emissions of businesses and consumers of this state. “Policies encouraging zero-energy homes will help keep electric bills affordable while also transitioning Texas to a cleaner energy future,� Watson said. “The state must do more to expand renewable energy and energy efficiency in the most prudent and affordable way.� The HB 1937 bill, which was also passed this year, authorizes cities to assist residents with installing solar energy systems or making energy efficiency improvements by offering loans that can be paid back via property taxes. “When we talk about reducing carbon emissions, we think of cutting back on smokestacks and tailpipes,� Watson said. “But more can be done here in our communities, which is the focus of these bills.� The SOL neighborhood should be 50 percent complete by March 2010. The construction of the homes is divided into stages, and residents will move in as new homes are being finished. Minnie Chapa, the first resident, will be moving into her new home in the next few weeks. “I am so excited to be a part of this and I can’t wait to move into my new home,� Chapa said. “I already have one foot in the door, and I can’t wait.�
Maddie Crum | Daily Texan Staff
Bill Bowman, vice president of the Student Veterans Association, frequents the PCL while preparing for upcoming exams.
Veterans receive emergency funds By Nehal Patel Daily Texan Staff Starting today, student veterans who have yet to receive federal education payments are eligible for emergency checks of up to $3,000. Secretary of Veterans Affairs Eric Shinseki announced that the U.S. Department of Veterans Affairs will distribute checks to eligible students as advanced payments of benefits earned from serving in the armed forces. The money will be deducted from future payments, and only one payment will be authorized per veteran. “Students should be focusing on their studies, not worrying about financial difficulties,� Shinseki said in a press release. “Education creates life-expanding opportunities for our veterans.� Based on the plan that would give them the most benefits, student
veterans can choose to receive subsidies from several different GI Bills. The amount of the emergency check depends on which benefit package each student chooses. Eligible students can apply online for an emergency check or visit a regional Veterans Affairs office to receive their payment immediately. Payments requested online will be issued within three working days. Journalism junior Bill Bowman, vice president of UT’s Student Veterans Association, said he had to take out a loan because his payment from the GI Bill did not arrive until after the tuition deadline. “For people who have families and have more bills to pay, $3,000 is definitely justified,� he said. If students are unable to visit a Veterans Affairs regional office, they can request free van service provided by volunteers. Van service is
based on availability and can be requested from the nearest department medical center. The new Post-9/11 GI Bill provides financial aid for veterans up to the cost of the most expensive public school in their state — $12,130 a year in Texas. After taking effect in August, the law probably created a backlog in financial aid applications by veterans, said Connie Jacksits, director of the state Veterans Education Program. Journalism senior Brandy Brown, president of UT’s Student Veterans Association, said there remains a lot of confusion among veterans after the new GI Bill was enacted. “With the new emergency fund, we don’t know how long it will be around, and some veterans are hesitant to accept it,� she said. “But if you’re really hitting rock bottom, obviously being able to have the money right away is a great solution.�
BICYCLE: Program stresses bike benefits From page 1 plan, and big parts of that plan are the objectives and goals for promoting bicycling,� she said. “Upon adoption of that plan, we looked for a way to partner with other city departments because it implements several city goals at once.� The project received an endorsement from seven-time Tour de France champion Lance Armstrong, and the support of local bicycle businesses. The businesses provide free services at the events including fixing flat
tires, checking breaks and lubing chains. Leslie Luciano, spokeswoman for Bicycle Sport Shop, said the services contribute to a more “harmonious atmosphere.� “The safety checks prevent injury and the bike etiquette information prevents polarity between pedestrians and cyclists,� she said. “It improves both education and relations. We want it so bikers can [co-inhabit] on trails and roads with other users.� Luciano said she had been pushing for programs like this for a long time.
“It’s just a great way to reward cyclists who commute,� she said. “We also get a chance to emphasize the health benefits and fuel savings, and put more money into trails and bike paths. It’s sort of about changing the culture, and the more present we are, the easier that is for people.� The city plans to host the “Commute Stations� on the first and third Thursday of every month through December, from 7 a.m. to 9 a.m. at the north side of the James D. Pfluger Bicycle and Pedestrian Bridge. The next session will be Oct. 15.
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Chris Krager, KRDB architect stands outside one of his new net-zero energy homes in East Austin. There will be 40 homes with energy efficient panels that will comprise the first neighborhood in Texas to create as much energy as it consumes.
CORRECTION 65 T BQQMJDBUJPO EFBEMJOF 'SJEBZ /PWFNCFS October30, 1, 2009 UT Application due date isThursday, Friday October 2009.
6 S/L
6
NEWS
Friday, October 2, 2009
Different kind of zoo
IRS: Medical centers urge
government agency to pay
Members of Austin Bike Zoo practice before their performance of Wheels of Wonderland in Wooldridge Square Park on Thursday afternoon. They will be having free performances this weekend in Brush Park.
From page 1 from income tax. This includes organizations affiliated with the educational facilities, such as medical schools. But, an exception to the general rule in the U.S. Treasury Code states that a full-time employee who works 40 hours or more per week, even if they are a medical resident, does not qualify for the student exclusion. “The IRS has tried to argue that medical residents were not eligible for this [exclusion] as a matter of law — that statute, as written by Congress, was not intended to be applicable to medical students,� said UT accounting professor Kristina Zvinakis. “However, the Second, Sixth, Seventh and Eleventh Circuits have held that medical residents may qualify for the student FICA [exclusion].� The UT System, represented by Barry D. Burgdorf and three other attorneys, could not comment. The IRS and U.S. attorney John E. Murphy could not comment by press time. According to the lawsuit, students of the UT System health institutions underwent medical residency programs to pursue a course of study and not to earn a livelihood. As a result, stipends paid to the residents are not to be considered wages by the IRS. According to the lawsuit, “The exception is arbitrary, capricious, internally inconsistent, and unreasonable. The Exception exceeds the regulatory authority of the Secretary ... and is invalid.� “The determination of whether a medical resident qualifies for the student FICA [exclusion] is a facts-and-circumstances determination,� Zvinakis said. “Meaning
Kari Rosenfeld Daily Texan Staff
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each medical school needs to determine whether its residents are eligible for the student FICA exception.� The lawsuit states that because the exception is invalid, the general rule applies to medical residents and therefore their stipends are not to be considered wages subject to FICA taxes. “The deciding factor is whether the medical students were students enrolled and regularly attending classes,� Zvinakis said. “So that the services they were providing were incidental to their studies, or whether they were employees of the medical center at which they were working, so that the employment aspect of their position dominated the educational aspect of their work.� The Houston center paid and withheld $4,862,211.10 in taxes on stipends to medical residents in 2005, the Tyler center $138,679.17, the M.D. Anderson center $1,689,233.61 and the Galveston center $3,515,154.12. The medical centers want the IRS to declare their failure to refund the FICA taxes, declare that Section 218 governs which state of Texas employees are subject to FICA taxes and the amended regulation and any changes in law after Section 218, declare that an exception to the regulation is invalid as a matter of law and declare that medical residents fall within the student exception and are not subject to FICA taxes or withholding. “The IRS and Treasury are vigorously pursing cases in the FICA area,� Zvinakis said. “Our federal government has a vested interest in seeing increased, rather than decreased, contributions to Social Security.�
PLANE: Game day flights
must serve ‘state purpose’ From page 1
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custody of an officer or employee traveling on official state business. For a request to be approved, the number of people traveling must be cost-efficient, the flight must go to a destination not served by other carriers or the scheduled flights of commercial carriers must interfere with other official obligations. Request forms showed some flights were planned 15 days ahead of trips, while others, such as the annual campus visit to the M.D. Anderson Cancer Center in Houston were planned five months in advance. Board of Regents Chairman James Huffines and other System and UT employees flew to Dallas for the Texas-Oklahoma football weekend in October 2008 “to enhance the relationships between System staff and donors,� according to flight logs. “It’s not unusual for there to be functions that are relevant to University business that are conducted at these games,� Flores said. “A lot of times those are seen as legitimate purposes for dealing with our donors or other philanthropists.� Rod Davis, spokesman for the Texas A&M University System, said that it was acceptable to use that System’s planes to travel to events as long as there was a state purpose. For the System plane, this entailed 15 football recruiting flights and 17 flights to attend events for donor purposes. Kenneth Shine, executive vice chancellor for health affairs, Barry Burgdorf, vice chancellor and general counsel for the System, and two other UT System employees flew to Boulder, Colo., to attend the Chancellor’s Council Fall Meeting and attend the Longhorns’ football game against the
University of Colorado. Powers, his wife and figures from UT-Austin and the UT System, as well as Steven Ungerleider of Integrated Research Services, and three redacted passengers flew to Lubbock and back to attend the football game between UT and Texas Tech. Powers, his wife and others flew to Houston to attend a reception at the River Oaks Country Club. UT Athletics also uses the plane for official and recruiting purposes. Of the current year’s budget of about $15.4 million covering all expenses of the athletics department, $275,000 is set aside for football recruiting purposes, said UT athletics spokesman Nick Voinis. He said the money to pay for the flights comes from revenue produced by the athletics programs. “When we use the plane, we pay for it out of our own pockets here,� Voinis said. Journalism professor Robert Jensen said that on a practical level, the question of plane use is one of cost-efficiency in the current financial environment. “In a tight budget environment, we would want administrators to cut back just the way everyone else is being asked to cut back,� Jensen said. Ed Goble, associate athletics director for business, said that the average cost-per-flight was around $3,500, though out-of-state recruitment flights could reach up to $5,000. Last year’s itinerary included flights to Alabama and Georgia in hopes of snaring three recruits for the football program, Goble said. “It’s pretty typical in the industry,� Goble said, “We don’t treat it any differently than if there was a private small plane charter involved.�
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Courtesy of the UT System
The UT-System plane was used to travel to football games, fund raising trips and a rodeo.
7 SPTS
SPORTS
Sports Editor: Austin Talbert E-mail: sports@dailytexanonline.com Phone: (512) 232-2210 www.dailytexanonline.com
7
Friday, October 2, 2009
T HE DAILY TEXAN
Struggling Wildcats await Longhorns Upset-minded Kansas State hoping to hand Texas first loss of year By Jordan Godwin Daily Texan Staff Almost immediately after a triumphant win over Texas A&M on Wednesday, head coach Jerritt Elliott returned to the grind of a particularly grueling volleyball season. “ We h a v e b e e n o n t h e ro a d q u i t e a b i t , ” E l l i o t t said. “Now, we have another quick turnaround, flying up to Kansas State.” When Texas visited Manhattan, Kansas, last November, the Longhorns were a fourth-ranked team, 10 spots ahead of the No. 14 Wildcats. In the match, Texas took an early 2-0 lead, but Kansas State fought back and scrapped their way into a fifth set in which the Longhorns ultimately prevailed. But this year ’s Kansas State team has a very different makeup. Heading into the season, Elliott would have circled Kansas State on his calendar full of ranked opponents in the Big 12 Conference. But now one month into the season, the Wildcats look nothing like what Elliott could have expected. Kansas State entered the season ranked No. 22 but dropped their first two matches to ranked opponents — no biggie. They beat up on lesser teams and improved to 5-2 before falling to No. 17 Kentucky. The Wildcats rebound-
VOLLEYBALL
WHAT: Texas Longhorns vs. Kansas State
WHERE: Manhattan, Kansas WHEN: 7 p.m.
SOCCER
WHAT : Texas vs. Missouri, Texas vs. Kansas
WHERE: Mike A. Myers Track
and Soccer Stadium WHEN: Today 7 p.m., Sunday 1 p.m.
BIG 12 GAME OF WEEK
WHAT: No. 8 Oklahoma vs. No. 17 Miami
WHERE: Miami WHEN: 7 p.m. ON AIR: ABC
NCAA GAME OF WEEK
WHAT: No. 4 LSU vs. No. 18 Georgia
WHERE: Athens, Ga. WHEN: 2:30 ON AIR: CBS
SOFTBALL
WHAT: Texas vs. Southern Miss. Texas vs. Houston
WHERE: Spring, Texas WHEN: Noon, 4 p.m. Derek Stout | Daily Texan Staff
Senior Ashley Engle and the undefeated Longhorns look to continue their winning ways as they head up north to the “Little Apple” to face Kansas State. Texas beat the Wildcats last season 3-2. ed by barely beating another weak team Sept. 12 and haven’t won since. They’ve dropped four straight matches, including their first three Big 12 games. Three days after Texas de-
stroyed Baylor, the Bears spanked Kansas State in Waco. The Wildcats have the worst record in the conference, and they are the leastexperienced team with seven freshmen and only two se-
niors. While Texas leads the conference with an impressive .301 hitting percentage, Kansas State is third-worst at just .100. As a team, they rank near the bottom of ev-
NCAA GAME OF THE WEEK
LSU wide receiver Brandon LaFell gets away from LouisianaLafayette linebacker Devon LewisBuchanan during the game in Baton Rouge on Saturday.
By Dan Hurwitz Daily Texan Staff Being in the top five this season seems to be a curse. Every week so far, one of the five best-ranked teams has gone down. The best candidate to continue this trend Saturday is No. 4 LSU who travels to Athens, Ga., to take on No. 18 Georgia. LSU, having lost to the Bulldogs three meetings in a row, looks to come back strong after nearly being upset against another group of Bulldogs at Mississippi State. The Tigers needed a fourth-down stand at the goal line to hold off Mississippi State and remain undefeated. Last week’s near-upset in Starkville is making Georgia a popular pick among experts and fans across the nation, but the Tigers are going to try to prove that they belong in the top five.
Bill Haber Associated Press
ery category and join Texas Tech and Colorado as the only winless teams. One bright spot for the Wildcats is middle blocker
VOLLEYBALL continues on page 8
WOMEN’S TENNIS
WHAT: Riviera/ITA Women’s
All-American Championships
WHERE: Los Angeles WHEN: Oct. 3 - Oct. 11
ROWING
WHAT: Boot of the Oklahoma WHERE: Oklahoma City WHEN: Saturday - Sunday
SOCCER
Tigers look to remain undefeated in Georgia The first thing LSU needs to improve on is its running game, which only gained 30 yards against a porous Mississippi State defense. Seniors Keiland Williams and Charles Scott have split carries so far. Luckily for the Tigers, whose offense has been dismal this season, Georgia is ranked 67th in total defense and 90th in points allowed per game. Georgia also nearly escaped last week, needing a last-minute field goal to overtake Arizona State. “[LSU] had a close one last week, too,” said Georgia head coach Mark Richt on the team’s official Web site. “Both of us have been through it. Now we have to see how we match up, and it should be interesting.” In a game that is expected to have
SEC continues on page 8
BIG 12 GAME OF THE WEEK
Sooners will be without Bradford against Miami By Wes DeVoe Daily Texan Staff No. 8 Oklahoma travels to Miami this weekend without Sam Bradford to weather the storm surge of the No. 17 Hurricanes. Despite a rather embarrassing loss to Virginia Tech last week, Miami, anchored by Heisman Trophy candidate Jacory Harris, has already exceeded expectations after its performances against Florida State and Georgia Tech. The $1 million question that even Regis Philbin didn’t know the answer to was whether or not Bradford would start the game. Head coach Bob Stoops bluffed all week but finally gave America an answer on Thursday: No. “Sam has made daily progress, but we don’t feel like he’s quite where he needs to be yet,” Stoops said in a statement. “Our team has a lot of confidence in [Landry Jones’] ability, and we’re looking forward to going into the game with him at quarterback. Our approach will be the same that it has been in the last two games.” The Sooner nation felt its heart skip a beat in Dallas after Bradford agonized in pain on Jerry Jones’ new playground, but with the recent play of backup Jones, Oklahoma coaches and fans certainly have to feel more comfortable with the direction in which he can lead this team. Jones has completed 43 of 69
Weekend Previews
Sue Ogrocki | Associated Press
Oklahoma coach Bob Stoops and Miami coach Randy Shannon greet one another in Norman, Okla., on Sept. 8, 2007. passes for 622 yards, nine touchdowns and three interceptions in his first two starts. “The game plan is similar for [Bradford and Landry],” Stoops said. “They’re similar. It’s not like one’s a scrambling, wildcat-type of guy and you’ve got a whole different ball game for him. As far as game plan, that’s not challenging in that we’ll have the same one for both of them.” The Sooners will enter the week-
end on a rather high note, regardless of Bradford’s absence. Coaches have to be marveling over the defense’s recent dominant performances. In the last two games, the Sooners have shut out Idaho State and Tulsa 64-0 and 45-0, respectively. The last time Oklahoma posted back-to-back shutouts was in 1987. But Stoops still managed to find kinks in the armor despite shutting out the Golden Hurricane’s offense for the first time in five seasons.
“I still thought going through it we have some basic issues that we could have been quite a bit better,” he said. “I don’t think that for us, it’s not being too picky. Our players see it. There’s a few run plays that we weren’t [in] position [for] that we should have been.” Miami will look to catch the Sooners off guard. Harris experienced adversity for the first time in last week’s 31-7 thumping, a game for which he said he would take all the blame. But head coach Randy Shannon, who some might say was on the hot seat before the season started, thinks the loss was a humbling experience for his young players. “It’s a great situation for us to learn [from] as a football team,” Shannon said. “Yeah, we won two good games against two big, tough teams, but we had to come back and be ready in the third game against Virginia Tech, and we didn’t do it. So now, we’ve got to step up and get ready for Oklahoma.” The game will mark the seventh meeting between the two squads. Thus far, the teams have an equal number of wins from the first six games. Oklahoma throttled a rebuilding Miami program 51-13 in the last meeting on Sept. 8, 2007 in Norman, Okla. The Hurricanes beat No. 1 Oklahoma in the 1987 national championship 20-14 and hold a 2-1 edge in games played in Florida.
The ‘real season’ goes on as Big 12 rivals come to UT By Laken Litman Daily Texan Staff It’s time for the second round of Big 12 conference games for the UT women’s soccer team. Although they got off to a shaky start by losing five nonconference games — a few of them at home — the Horns have started what they like to call the “real season” in Big 12 play. In last week’s conference openers, the Longhorns traveled to Norman, Okla., where they beat the Sooners, and then down to Waco where they took Baylor, who always gives Texas a rough game, to double overtime. The game ended in a 0-0 tie. These results make it evident that the team still has some injuries and
kinks to work out, but its wheels are definitely in motion. This weekend, the Longhorns (4-5-1; 1-0-1 Big 12) will face off with Missouri (6-4-1; 1-0 Big 12) and Kansas (8-2-1; 0-1 Big 12) at home. “Traveling definitely takes its toll,” said junior Kate Nicholson. “I think the formula for winning games in the Big 12 is to win on the road because it’s really difficult to win on the road, and then win all of your home games. That is what we are going to try to do this weekend.” This week Texas has been keeping its focus on Mizzou because they are one of the fast-
SOCCER continues on page 8
Sara Young | Daily Texan Staff
Kate Nicholson and the Longhorns look to remain unbeaten in conference play as Kansas and Missouri come to Austin this weekend.
8 SPTS
8
SPORTS
Friday, October 2, 2009
A league of her own
ROWING
UT anxious to repeat success of last year with Big 12 title By Austin Ries Daily Texan Staff Women’s rowing head coach Carie Graves is excited about this weekend. She’s ready to put the boats in the water for the first time since May and can’t wait to watch the different groups of Texas rowers interact together. She’s even excited about the 400-mile road trip up Interstate Highway 35 to Oklahoma City. “I’m really looking forward to getting on that bus,� Graves said. “It’s great to see the new recruits, last year’s novice rowers and the returning varsity team together for the first trip of the season.� The Longhorns will compete Saturday in the Boot of the Oklahoma, a 4000-meter headrace on the Oklahoma River near Oklahoma City’s historic stockyards.
Usually called the Head of the Oklahoma, the race moved west because of shoreline construction on the eastern part of the river, and despite the location change, Graves says the only difference will be the distance. “It will feel appreciably shorter than the normal 6000 meters,� Graves said. “But the water won’t feel different unless there is a strong wind.� The Horns are racing three varsity eight-member boats and three varsity four-member boats against crews from SMU, Kansas, Tulsa and Oklahoma. At the Head of the Oklahoma last fall, Texas’ first varsity boat placed fifth, and their second varsity boat finished seventh while freshmen Jacqueline Gorcyca and Felicia Izaguirre-Werner grabbed their first collegiate victory in the
WOMEN’S TENNIS
Prequalifying rounds pose challenge to team By Alexandra Carreno Daily Texan Staff With an already impressive start under their belt this season, the Longhorns hope to further their winning streak at the Riviera/Intercollegiate Tennis Association Women’s All-American Championships, beginning this weekend in Los Angeles, Calif. The Horns’ season opener was a success last weekend at the UNLV Fall Invitational, where they took title wins in three singles battles. “It was a perfect venue for our first event to get ready for the ITA All-American, the most difficult tournament in the fall,� said fifthyear head coach Patty FendickMcCain. “We faced those challenges and played some great tennis.� Prequalifying for the tournament begins Saturday and continues through the weekend at the Los Angeles Tennis Center. This year’s squad returns all six singles starters and five doubles starters. Last season the team made it to the finals of the Big 12 Championship and the NCAA Championship’s round of 32, ending the season with a 17-8 overall record. The team hopes that juniors
Caroline Larsson and Maggie Mello and freshman Aeriel Ellis will open the event’s prequalifying rounds on the right foot. Meanwhile, experienced seniors Vanja Corovic and Stephanie Davidson are scheduled to represent the team in the prequalifying doubles draw, and if the team makes it past the prequalifying rounds, then the qualifying doubles draw will be played by junior Amanda Craddock and sophomore Krista Damico. “We’re excited about the opportunity to play this weekend,� Fendick-McCain said. Players in both prequalifying singles and doubles events will need to win three matches in order to advance to the qualifying round of the tournament, which will be held from Oct. 6 through Oct. 11. The qualifying rounds will be held at the Riviera Tennis Club in Pacific Palisades, Calif. This tournament is expected to be the team’s most difficult this fall. “It’s a perfect opportunity to get good wins if you’re ready to go and in good form,� Fendick-McCain said. “It takes a lot of good mental strength and physical stamina to go far in this tournament, so it’s always a good test.�
SEC: Look out for Green vs. Jones From page 7 a lot of points, turnovers will be the biggest factor. While LSU has the fifth best turnover margin FBS, Georgia has the fifth worst. LSU quarterback Jordan Jefferson will need a repeat performance of his career best 233 yards he had last week if the Tigers want to remain among the other undefeated SEC teams. The key to Jefferson’s success has been wide receiver Brandon LaFell, who has already scored on five of his 20 catches this season. “I think [our team] understands that to be 5-0 we have to play well,�
said LSU head coach Les Miles. “I think our guys understand that if you don’t come to play every Saturday, you can finish second real quick. I think our guys will come to play.� Matchup of the game: Expect Georgia’s star wide receiver A.J. Green to be covered by the Tigers’ athletic cornerback Chad Jones — whom you may remember from the NCAA Men’s College World Series. Green is the Bulldogs’ biggest weapon and will see the ball come his way plenty no matter who covers him. Jones has two interceptions this season and returned a punt for a touchdown last week.
women’s open two. Texas’ biggest moment last spring was winning the inaugural Big 12 Championship in Kansas City, Kan. Graves says that while winning was wonderful, the greatest prize was seeing an actual Big 12 Championship bowl. “The best part wasn’t winning,� Graves said. “It was really moving to look at the real Big 12 bowl knowing it is finally for rowing.� Texas began fall workouts Sept. 12, but the majority of the team trained over the summer to stay fit and ready for the season. Returning with a talented group of rowers, including eight of the nine members from its Big 12 Championship first varsity eight, the Longhorns also have an exciting 2009-10 recruiting class. “They are doing very well and ... are all hard workers,� Graves said.
VOLLEYBALL: Long
break for Texas after trip to KSU From page 7 Kelsey Chipman, who ranks among leaders in blocks per game. But the 6-foot-1-inch senior is largely undersized against a Texas frontcourt that averages more than 2 inches taller than Chipman. Despite Kansas State’s shortcomings, don’t expect second-ranked, undefeated Texas to waltz in, expecting a win. They’ve often played without any sort of rhythm but found a way to fight through each match with three-set sweeps. “I’m really proud of this team,� Elliott said after Wednesday’s victory. “We’re hitting a tough stretch here in the Big 12 with a lot of travel, and we have to perform at a high level every night.� The good news for Texas is after Saturday’s Kansas State match, they’ll have more than a week to prepare for the Oct. 10 home game against Oklahoma. Elliott said the team is looking forward to having more than one day off for the first time since August, and junior outside hitter Juliann Faucette echoed the same sentiment. “Every time [we] get a ‘W’ it helps us out in this Big 12 race,� Faucette said. “It’s going to be tough – it’s a tough road for us.�
Jeffrey McWhorter | Daily Texan file photo
Sophomore shortstop Alexis Bennett will try to repeat her strong freshman performance this year for the Longhorns, who begin their fall exhibition season Saturday in Spring, Texas. The fall exhibition season kicks off Saturday when the Longhorns travel to Spring, Texas, where they will face Southern Mississippi and Houston in a doubleheader. The biggest question looming for the Longhorns this season concerns the pitching staff. Last year’s staff ace, Brittany Barnhill, transferred to Ole Miss over the summer and will definitely be missed. The only remaining pitchers from last season are Erin Tresselt, who predominantly came out of the bullpen, and Courtney Craig, who made fewer than five appearances in the circle last year. Newcom-
SOCCER: Longhorns ready for payback against Mizzou Tigers From page 7 er-paced teams in the Big 12. “[Missouri] is a strong attacking team,� Nicholson said. “They’re going to run at you the whole time. It will be a really fast, physical battle, and it’s not going to be a pretty or calm game. It’s going to be crazy out there.� Nicholson explained that when you face a team who is quicker on the ball, adjustments must be made. “We have to match their inten-
TX/OU
sity the whole time,� she said. “You can’t let up because that’s when they’ll get one on you. We just have to be on our toes the whole game. We have to try to play our own game even though they’ll try to disrupt it.� Even though the Tigers have speedy forwards, Nicholson isn’t worried because of the Longhorns’ blockade of a defense. “Our back line is pretty quick, so they’ll be able to deal with them,� she said. “We just have to be ready because they’ll be run-
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ning straight at us. We cannot be sitting on our heels at all.� The last time Texas played Missouri was in the 2008 Big 12 Championship tournament. The Tigers knocked the Longhorns out in the first round. “You always remember what happened the last time you played a team,� Nicholson said. “Getting another shot at them is like being able to prove ourselves against them.� The Big 12 is known as one of the most intense, gritty and
TX/OU
high-paced conferences because of the tremendous prevailing rivalries. There’s never any telling which team will have the upper hand in spite of the rankings. “There is no easy team in the Big 12,� Nicholson said. “We are very much looking forward to this weekend.� The Longhorns will play Mizzou tonight at 7 p.m. and Kansas on Sunday at 1 p.m. Both matches will be at Mike A. Myers Track and Soccer Stadium.
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ers who are expected to see some time on the pitcher’s mound include freshmen Blaire Luna and Kim Bruins. Texas’ offense broke out and set new records for the program and has most of its lineup returning, including shortstop Alexis Bennett, third basemen Nadia Taylor and right fielder Craig — all of whom excelled as freshmen last year. The Longhorns were ousted in the NCAA tournament last year by Alabama in the Tuscaloosa Regional. — Dan Hurwitz
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NEWS
Friday, October 2, 2009
Mathematician defines universe with tic-tac-toe
reach us,� Weeks said. “We’re seeing light as it left, and that light has been traveling billions of years to reach us.� Weeks presented data collected from satellites that may suggest the true shape of the universe is a marginally curved dodecahedron, a 3-D figure with 12 sides. Austin filmmaker Dano Johnson, 30, who made an animated children’s adventure film adaptation of the 1884 novel “Flatland: A Romance of Many Dimensions,� gave Weeks a copy of his film after the event. “My film incorporates all of these ideas presented tonight,� Johnson said. “We’re trying to publicize the film, and I looked up information about [Weeks] and figured he’d be a great person to talk to about these ideas.� UT mathematics professor Bob Williams recommends all students attend similar events. “It’s important to think about math,� Williams said. “[Weeks] was a really good salesman for that.� Carlos Galvan, a St. Edward’s University kinesiology sophomore, said he learned much more than he expected to. Mary Kang | Daily Texan Staff “I have a better understanding of the universe than I did before Freelance mathematician Jeff Weeks discusses hypotheses for the shape of the universe at the Joe C. Thompson Conference Center on Thursday evening. [attending],� he said.
By Viviana Aldous Daily Texan Staff Tic-tac-toe, mazes and crosswords can help illustrate the shape of the universe, a New York freelance mathematician proved Thursday night. Hundreds of people packed the Joe C. Thompson Conference Center ’s auditorium to hear Jeff Weeks, author of “The Shape of Space,� describe theories to explain the shape of the universe. The event targeted space enthusiasts of all ages and used 3-D computer graphics to simulate concepts. “There are different ways of looking at the universe,� Weeks said. “It might be flat, or it might be slightly curved; it might be finite, or it might be infinite. The only thing we know for sure is Mother Nature has more surprises in store for us.� Weeks suggested that the universe could be finite and helped describe the hypothesis by using the auditorium. If, for example, he were to walk into the north wall, he would emerge from the south wall facing north but would think he is in a new place. Similarly, it is possible that when looking out into space, astronomers could be seeing an image of the opposite side of the universe in the past. “Light takes a long time to
Judge validates gay marriage
Ultimate fun 1
By Matt Curry Associated Press DALLAS — A Texas judge cleared the way for two Dallas day, month day, 2008 LASSIFIEDS men to get a divorce, ruling Thursday that Texas’ ban on same-sex marriage violates the constitutional guarantee to equal protection under the law. RTISE NT Texas Attorney General Greg E V D E A D U Abbott said he’d appeal the rulT S ! ing, which he labeled an attempt YOUR NIZATION to strike down the ban approved ORGA by voters in 2005. “The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman,� Abbott said in a written statement. “Today’s ruling purports to strike down that constitutional definition — despite the fact that it was recently adopted by 75 percent of Texas voters.� Abbott has argued that because the state doesn’t recognize gay marriage, its courts can’t dissolve one through divorce. Maddie Crum | Daily Texan Staff District Judge Tena CallahTrey LaMasters and Abhi Kudhra, members of the UT Ultimate Frisbee team, practice throwing at the an’s ruled Thursday, however, that the court “has jurisdiction intermural fields.
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to hear a suit for divorce filed by persons legally married in another jurisdiction.� Jennifer Pizer, marriage project director for the New York-based gay rights group Lambda Legal, said it is too early to predict the ultimate implications of the lawsuit, in which neither man is identified. But Cathy Adams, president of the conservative Texas Eagle Forum, characterized the decision as a judicial overreach. “Judicial activism is what they’re after, and it sounds as if they found someone in Dallas to participate in their endeavor,� she said. “The people of Texas have spoken very strongly in opposition to same-sex marriage.� Peter Schulte, an attorney for the man who filed for divorce, told The Dallas Morning News that he and his client are “ecstatic� over the court’s ruling. Schulte said the decision was a surprise, and that he hoped to have the judge sign a divorce order in a few weeks. Gov. Rick Perry said state lawmakers and voters have repeated-
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ly affirmed marriage as being between a man and a woman. “I believe the ruling is flawed and should be appealed,� Perry said. Sen. Kay Bailey Hutchison, R-Texas, said she also supports Abbott’s decision to appeal. Hutchison, who is challenging Perry in the GOP gubernatorial primary, said she has “consistently voted to preserve the sanctity of marriage and as governor I will continue to defend traditional marriage.� A phone message left by The Associated Press at court offices for Callahan was not immediately returned late Thursday. Callahan’s ruling was first reported in The Dallas Morning News. Pizer predicted an eventual end to bans on gay marriage in Texas and across the country. “Most people do recognize that, eventually, American law will treat gays and lesbians the same as every other American,� she said. “What we don’t know is how may chapters that story will be.�
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LIFE&ARTS
Friday, October 2, 2009
MOVIE REVIEW
MOVIE REVIEW
Michael Moore’s anti-capitalist tale not without merit
Courtesy of Fox Searchlight
”Whip It,” Drew Barrymore’s directorial debut film about a roller derby team, opens in theaters today.
‘Whip It’ showcases talent, Austin By Robert Doty Daily Texan Staff Drew Barrymore’s directorial debut, “Whip It,” is a coming-ofage sports story, an Austin showcase and a great time. Ellen Page plays an initially frail and erratically rebellious teen named Bliss Cavendar. Living in Bodeen, Texas with her sugar-sweet younger sister (Eulala Scheel), marginalized but hilarious father (Daniel Stern) and domineering mother (Marcia Gay Harden) who forces Bliss into beauty pageants, Bliss looks and feels defeated by the societal forces around her. She wants out but doesn’t yet know how that should happen or even if it’s right to feel that way. In the opening sequences, Bliss dyes her hair blue, thereby sabotaging her chances in the pageant. But what at first seems a strong, rebellious act is quickly revealed to be
an irrational, even subconscious spasm that even Bliss fails to understand. It’s not until she discovers roller derby that she begins to see what the blue hair and hipster garb mean to her or how to turn superficial eccentricities into individual strengths. Sneaking out one night, she witnesses roller derby with the same awe that struck Paul on the road to Damascus. These Amazonian women are a revelation to Bliss, and she decides to take a shot at being her own hero. But she’s still not ready for the lonely leap to independence, so she lies to her parents by telling them she has decided to take an SAT class two nights a week. You can see where this is going, but it’s all about the journey, not the destination. The film is packed with brilliant supporting characters who all have surprising humor and depth. Stern
and Harden fulfill the most important of these supporting roles as Bliss’ father and mother, respectively. The film’s central issue of acceptance versus individuality could not be resolved without their performances, but what makes them so impressive is that each character has a personal story that doesn’t just echo the central theme but also elevates it. Because of their performances, the family plotline shines the brightest, but the derby crowd has its own charm. Barrymore has corralled some of the best actresses in Hollywood — including herself — and it shows. From the second we enter the locker room, we feel that they’re a team, that they have a great time together and that they’re a family. In particular, the team’s interactions with its coach, Razor (Andrew Wilson), make you wish you could sign up. But derby is the catalyst and not
FESTIVAL: Traveling light, preparation
for weather produce successful weekend From page 12 through the festival gates. You can bring a collapsible chair or a blanket to claim a spot amidst the crowd as well as up to two factory-sealed water bottles and a small point-and-click camera. Officials have also stressed the need to be prepared for Texas’ unpredictable fall weather. The weekend forecast looks mostly sunny on Friday while Saturday and Sunday may potentially bring scattered thunderstorms, so be sure to grab a
small umbrella on the way out the door. One common way to dampen the festival experience is to drag exhausted friends back to every stage at the end of the night in the hope of finding a misplaced digital camera or cell phone. The best rule of thumb is to take only what you need. Backpacks are allowed, but don’t bother with anything that is going to weigh you down. Just make sure that you secure all of your valuables, and if you do lose something, check the
Lost & Found booth located at the Information Center. If you’re interested in getting an autograph, head toward the Waterloo Records tent and check the schedule online to see when artists such as Phoenix, Girl Talk, Michael Franti, Black Joe Lewis & the Honeybears and others will be available. Austin City Limits is one of the city’s many claims to fame and is definitely worth experiencing — just do your pre-festival research to enjoy it to the fullest.
so much the reaction; many of the team members’ revelations and much of their character development feel somewhat forced. But even mentioning that minor quibble feels a little like splitting hairs when the rest of the film simply radiates a good time. One last thing that should be mentioned: “Whip It” was filmed in Austin and showcases our great city in a way that has never been done before in such a highly commercialized film. It gives me a real sense of pride to see Lucy in Disguise and the Frost Bank Tower floating on the big screen, and it’s just one more reason to go see this film. It’s certainly not revolutionary, but it’s some of the most fun I’ve had watching a film in a long time. And I highly recommend it to anyone looking for a good time.
even touching. Say what you want about his bias, but Moore’s talent for finding real people with tear-jerking stories and juxtaposing them with the oblivious jerks that sit on the other side of the fence just works. You can’t help but root for the glass industry workers who take over the plant to save their pensions or the woman who finds out that her husband’s company made $2 million from his death. And you may hate the man to his core, but watching him tell a security guard at the General Motors Corp. headquarters that he is there to make a citizen’s arrest of the CEO will bring a smile to anyone’s face. You may like it or you may hate it, but you already know the answer. If you’re looking for an intelligent, coherent criticism of the American capitalist system, take one of the government classes with inflammatory course descriptions and liberal professors. If you’re looking for entertainment in the guise of activism, see this movie.
Power plant hosts event FACES: Student prior to redevelopment
suggests peers just ‘enjoy life’ From page 12
as a young music listener. Creed will probably dissolve back into the irrelevance from which it emerged. Limp Bizkit will probably still be preaching to angry preteens everywhere. Stay learning, enjoy life and keep it interesting. I think a lot of times we get caught up in routines, and that’s not what I want. Do something different. I wish I could have some grandiose thing to say about what makes life fun, but I don’t. Nobody does.
Letterman admits to sexual liaisons in extortion case By Lynn Elbar The Associated Press LO S A NGE LES — Da vid Letterman acknowledged on Thursday’s show that he had sexual relationships with female employees and that someone tried to extort $2 million from him over the affairs. During the taping of his CBS late-night show in New York, Letterman discussed receiving a threat to either pay $2 million or risk the relationships being made public. In a release from the show’s producer, Letterman said he referred the matter to the Manhattan district attorney’s office and that an investigation ended in an arrest Thursday. Letterman did not identify the person he said was arrested. As part of the investigation, Letterman said he issued a “phony” $2 million check to the individual and the arrest fol-
By Robert Doty Daily Texan Staff When Michael Moore made his directorial debut with “Roger and Me: A Humorous Look at How General Motors Destroyed Flint, Michigan,” the film-going community recognized the man for what he was: a brilliant entertainer and humorist with an agenda and a knack for anecdotes. It’s a dangerous kind of man. “Roger and Me” took a surgical knife to an American malignancy with touching and hilarious anecdotes about Flint’s people and problems. As the film came to a close, you felt the injustice but could also feel the coherence. That’s not to say that Moore was totally right or without bias, but you could see what he was trying to say. Moore’s newest film doesn’t take on a current situation but rather the American heritage. In two hours, he hopes to convince theaters full of Americans that capitalism, not the abuses of capitalism, is something we should do away with. But when he attacks something as entrenched and pervasive as capitalism, the anecdotes feel irrelevant. The financial system laws are indecipherable? Let’s simplify them. Private companies make shady business deals? Let’s strengthen regulation. While Moore’s stories about the little man once felt sharp and pertinent, they merely feel diffuse in “Capitalism: A Love Story.” If “Roger and Me” once used a surgical knife, “Capitalism” uses a pitchfork, hoping that if it can stab the flabby beast an adequate number of times, it just might collapse. But that’s not to say the film is without merit. “Capitalism” is often hilarious and, at times,
lowed — along with testimony by Letterman. “This morning, I did something I’ve never done in my life,” said Letterman. “I had to go downtown and testify before a grand jury.” In his testimony, he said he acknowledged sexual relationships with members of his staff. “My response to that is, yes I have,” Letterman said. “Would it be embarrassing if it were made public? Perhaps it would. I feel like I need to protect these people. I need to certainly protect my family.” CBS spokesman Chris Ender said Thursday that “Letterman’s comments on the broadcast tonight speak for themselves.” Letterman and longtime girlfriend Regina Lasko married in Mark J. Terill | Associated Press March. The couple began dating in 1986 and have a son, Har- Late-night talk show host David Letterman makes a surprise appearry, born in November 2003. ance at the Primetime Emmy Awards in Los Angeles on Sept. 18, 2005.
By Ben Wermund Daily Texan Staff The Seaholm Power Plant — Austin’s little art-deco piece of Gotham City — will be re-energized this weekend. The plant, which has been closed for years, will house a WOXY.com and Rare Magazinehosted Austin City Limits Music Festival afterparty tonight and tomorrow night, with Broken Social Scene as tonight’s headlining act. The show will be free but requires an online RSVP. It could also be one of the last chances to see the power plant in its current state. As part of the city’s new downtown redevelopment plan, the land around the plant will soon see the construction of a 26-story hotel, and the inside of the plant will house retail stores, restaurants and offices. “I love that it’s being used as an Austin venue,” said Katy Bielamowicz, a photojournalism senior who will be attending the afterparty.
Bielamowicz said she feared for the future of the site, though. “The fact that it will be part of the city’s new downtown redevelopment plan scares the shit out of me,” she said. “It’s like it’s just going to be another Dallas or Houston. The fact that it is part of a larger scheme is a little disconcerting.” According to the city’s redevelopment master plan, the power plant will be part of the Seaholm District, which will stretch from Fifth Street to Lady Bird Lake and will be bounded by San Antonio Street on the east and Lamar Boulevard on the west. One of the main goals for the area is to “preserve and reuse the historic structures on the site and in the surrounding district,” according to the master plan. WOXY.com and Rare Magazine expect the event to attract up to 4,000 people this weekend.
FANTASTIC: Festival ‘about
more than shock,’ offers unique insight into film From page 12 more than shock. The winner of the Fantastic Features category, “Mandrill,” served up a straightforward story with serious action and even more attitude. “Down Terrace” won the Next Wave Features award with its tale of a very dysfunctional family in the grip of paranoia. And “A Town Called Panic,” deserved winner of the Audience Awards Prize, had the theater squealing with childish glee at every absurd and beautifully imagined turn. The secret screenings, dedicated to unannounced but historically fantastic films (previous years brought us such gems as “There Will
Be Blood” and “Pan’s Labyrinth”), were hit-and-miss, though people seem happier to make guesses about them than to actually see them. “The Imaginarium of Doctor Parnassus,” starring Heath Ledger, received lukewarm nods, and “A Serious Man,” the new Coen brothers film, supplied generally blank stares. But as the festival winds down, I have to ask myself if I got what I came for. And the answer has to be yes. I spent eight days with the most bizarre cinema in existence and the odd clan that loves it more than sleep. I couldn’t do it for much longer, but I have to admit, I can’t wait until next year.
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Friday, October 2, 2009
Life&Arts Editor: Leigh Patterson E-mail: lifeandarts@dailytexanonline.com Phone: (512) 232-2209 www.dailytexanonline.com
T HE DAILY TEXAN
City bids farewell Making the most out of ACL to Fantastic Fest’s colorful creations By Robert Doty Daily Texan Staff And the fifth annual Fantastic Fest comes to a close. In the past week, so many zombies, ninjas, robots, vampires, cannibals and Claymation figures have graced the Alamo Drafthouse Cinema silver screens that we can only wait until next year to receive the same fix. And to be completely honest, that’s the way it should be. To watch such indulgent filmmaking the whole year round would be like eating a Thanksgiving spread every night — at some point, even your soul would get flabby. But while it lasts, Fantastic Fest is a glorious, exhausting, exciting experience. Whether it’s analyzing which films will be shown at the mythical secret screenings, sitting — collapsed and hungover — outside the Alamo Drafthouse Cinema at 10 a.m. hoping
to get the hot ticket or arguing with someone you’ve never met about how hungry you would have to be to eat a human being, Fantastic Fest brings something to the table that’s not your traditional turkey and dressing. The awards, which happen to be beer-filled mugs that you must chug in front of a packed audience, give some idea of what this means. “Human Centipede,� winner of the feature horror category, tells the story of a crazed doctor who carries out an experiment in which he connects the digestive tracts of three human beings in order to create a human centipede. The hype was through the roof, but I decided that my psyche might be a bit too fragile for that. If you feel like testing yourself, check out the trailer. But Fantastic Fest is about Mary Kang | Daily Texan Staff
FANTASTIC continues on page 11
Chemical engineering sophomore Shadid Askar, Plan II sophomore James Cameron and geology sophomore Elisabeth Steel sit in front of the Austin City Limits Music Festival box office at Zilker Park after receiving their three-day wristbands Thursday.
Optimal festival experience requires planning, preparation By Audrey Campbell Daily Texan Staff The annual Austin City Limits Music Festival usually leaves festivalgoers reminiscing about great performances, great company and great tans. The way to ensure that your experience at this year’s festival lives up to your stellar standards is to know your way around and be prepared. Here are a few tips for surviving this weekend:
Bruno Morlan | Daily Texan Staff
Woody Harrelson takes questions from reporters at the “Zombieland� premiere Friday, Sept. 25, at the Paramount Theatre.
By Robert Rich
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ers at Republic Square — located at the corner of Fourth and Guadalupe streets — and drop them off at the festival’s entrance on Barton Springs Road. Since no parking will be available at Zilker throughout the weekend, festival organizers encourage attendees to use the shuttle service. Or skip the crowds and stop-and-go traffic by taking a leisurely bike ride with friends down Barton Springs
Road. Bike racks will be available near both entrances. When it comes to getting home at the end of the day’s activities, biking is often the fastest option because shuttle buses and taxis are in such high demand. Before you leave home, check the festival’s Web site for a list of items which you may or may not bring
FESTIVAL continues on page 11
Music enthusiast tells no tall tale
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The festival is great for tourism and the city’s economy — an estimated 65,000 music enthusiasts flock to Zilker Metropolitan Park on each day of the festival. It is not so great, however, for the rampant traffic congestion that visitors and residents alike bemoan. In order to bypass unnecessary chaos, take one of Capital Metro’s shuttle buses to Zilker Park. The festival shuttle will pick up festivalgo-
Taylor Steinberg tells a lot of stories. No matter what the subject, the UT business management and geography junior always has a tale to share that fits in perfectly with the conversation. He’s had plenty of opportunities to rack them up, too, considering he served as drummer for the Houston-based metal outfit As Eden Burns when he was in high school, which allowed him to tour the country. Now, he’s the chairman for the Music and Entertainment Committee, the UT group responsible for high-profile campus music events featuring the likes of The Roots, Broken Social Scene and Mates of State. When he talks, he’s always taking everything in, logging the situation for future stories and adding to his extensive catalogue of interesting anecdotes. Telling stories is actually my second favorite thing in the world. I like listening to them more. The things I identify with: student, music and beard enthusiast. Just because I like beards doesn’t
mean I have a good one. Let it grow, though. Be the beard. A lot of my stories are just from noticing funny occurrences throughout the day. I’m 20; I have minimal travel experience. I can’t imagine that I’ve done a lot more than anybody else at this age. You have to put yourself in interesting situations. I’d rather just live through it all and, when it’s all said and done, take time to look at it and decide that was a good decision, that was a bad decision. When I was in As Eden Burns, we were in Tacoma, Wash. one day, and we decided to go to the mall. This guy approached us and was like, “Hey, wanna take some surveys and make some money?� I had to taste-test some new Lipton tea. I walked out of the room and saw one of the other guys in the band eating a Frito pie. One of the other guys walked out, and he’s like, “They asked me bizarre questions, like, ‘In the past six months have you purchased a new car?’ and ‘Do you plan on hosting a party in the next two weeks in which you plan on serving Bush’s Baked Beans?’� The next night, we were in Eugene, Ore., and we stayed with this guy that looked like Quentin Tarantino after the show. We were like, “Hey man, you got
any food?� And he pulls out a bunch of Bush’s Baked Beans. It was so circular. I worked for a record label in [Los Angeles] over the summer, and one day I was making a run to the grocery store on my day off. I was walking on one of the busiest streets in the area, and as I turned the corner, I saw a pretty bad-looking car wreck in the intersection; one of the cars had been T-boned. It looked like it had just happened, and as I approached the car that got hit, the guy gets out of the car and looks at me and just yells my old band’s name, As Eden Burns. I ask him, “Are you okay?� and he’s like, “Yeah, man.� I felt awkward, so I just walked over to the grocery store. Music is one of my passions. When I got to UT, I was unsure if I could make the commitment again and play in another band. But I found out about the Music and Entertainment Committee, and it was this awesome way to keep music an important part of my life. Blink-182 is going to be the best reunion of all these bands getting back together. They were the definitive band of my most impressionable years
FACES continues on page 11
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Derek Stout | Daily Texan Staff
Taylor Steinberg, chairman for the Music and Entertainment Committee, stands in front of the stage for the Mates of State concert Wednesday night in the Student Union Ballroom.