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New Mexican (Newspaper) - August 11, 2005, Santa Fe, New Mexico THE SANTA FE Locally owned and independent Serving Mexico for 156 years Judge DWI offenders cars cant be seized Albuquerque ordinance ruled unconstitutional but citys attorney says decision is not the end of this The Associated Press ALBUQUERQUE An Albuquerque ordi nance that would have allowed the city to seize the vehicles of people arrested for the first time on charges of driving while intoxi cated has been ruled unconstitutional State District Judge Theresa Baca sided Tuesday with the American Civil Liberties Union of New Mexico in striking down the ordinance The ordinance has serious pro cedural dueprocess she sairt Were very happy and feel like the judge ruled as we wouldve said Peter Simonson executive director of the ACLU of New Mexico which had argued the ordi nance assumed someone is guilty before trial Assistant City Attorney Peter Pierotti said the judges decision is not the end of and he did not rule out an appeal The Albuquerque City Council adopted the ordinance April 18 and Mayor Martin Chavez signed it nine days later Baca on May 17 granted the ACLUs request for a temporary injunction prevent ing the ordinance from going into effect The ordinance applies the citys nui Please see DWI Page A4 States new jet needed a new pilot to fly it No pilot already on the state payroll was certified to fly million plane By BARRY MASSEY The Associated Press Gov Bill Richardsons administration has hired an additional pilot to fly a newly pur chased million corporate jet and over see other pilots for the states fleet of aircraft When the admin istration was shop ping for a new air plane earlier this year and completed its deal in May to Cessna is providing training for fourstate pilots so theyre certified to fly the new Citation Bravo A state mechanic also is being trained to New state jet maintain the plane buy the Cessna Cita tion Bravo no pilot on the states pay roll was certified to fly it Thats changed however The state hired a new chief pilot with decades of experience flying a wide range of jet airplanes including Boeing for a Please see PILOT Page A4 THURSDAY AUGUST 11 2005 FIFTY CENTS 4 Number of issues on the table WalMart develop ment affordablehousing ordinance minimumwage ordi nance Railyard master plan Square footage of f IV proposed new WalMart sfore just under squarefoot cap for bigbox stores Percentage of homes in new developments that must be under proposed change Council votes crowded out Rescheduled meeting 7 Monday at Santa Fe High Schools Toby Roybal Memorial Gymnasium 2100 Yucca St Meeting on WalMart affordable housing set for Monday in larger quarters Photos by Lara New Mexican Residents unable to enter the overcrowded City Council meeting Wednesday night because of space limitations and fire regulations wait in the hallway The Council postponed the meeting until Monday night when it will reconvene at Santa Fe High Schools gym By HENRY M LOPEZ The New Mexican It was the showdown that never went down Drawn by four controver sial issues including a City Council review of plans that might bring a second WalMart to town hundreds swarmed Santa Fe City Hall on Wednes day only to discover there just wasnt enough room for them all Mayor Larry Delgado announced that the councils evening session which was to include discussions on the new WalMart development a rewriting of the citys afford ablehousing ordinance an exemption to the city mini mumwage ordinance and dis cussion of the Railyard master plan will be rescheduled for 7 Monday at Santa Fe High Schools Toby Roybal Memorial Gymnasium City Councilors David Coss left and Miguel Chavez talk before the meeting as onlookers unable to enter the chambers wait in the hall The decision was made on the advice of City Attorney Bruce Thompson who said the council could be in violation of the state Open Meetings Act because so many people were left outside the building Such a violation cculd be grounds to challenge any decisions the council might have made Del gado said Delgado said he knew Wednesdays crowd would be big but said he had no idea it would draw as many people as it did Councilor Rebecca Wurz burger said she thought it was bad planning but was happy the governing body found an alter nate site that would accommo date a large crowd The Railyard issue was removed from the councils agenda earlier in the afternoon and rescheduled for Sept 29 Still several people showed up expecting it to be heard The scene outside City Hall resembled the opening of a blockbuster summer movie with hundreds of people form ing lines that began in the council chambers filling a long corridor and spilling out onto the lawn facing Marcy Street Police and firedepartment per sonnel positioned themselves at the buildings doorways and served as gatekeepers Inside the council cham Please see COUNCIL Page A5 Dog tick found to spread illness By MARiLYNN MARCHIONE The Associated Press Scientists have discovered that a common type of dog tick can spread Rocky Moun tain spotted fever a serious oftenfatal illness that reached historic highs in the United States last year Two types of ticks already were known to transmit the disease but theyre not as common and are carried mostly by rodents and dogs that live near wild or rural areas This is the first time that a tick that routinely plagues house pets has been implicated The discovery was made through an investigation of Arizonas first outbreak involving 16 cases and two deaths in the last few years Health officials dont want people to panic or think this will become a nationwide epi demic because theyve only found these infected ticks in Arizona But the newly impli cated tick lives everywhere in the world and experts have been stumped by many unex plained cases of the disease around the United States We may have been miss ing this in the said Linda Demma who led the study for the federal Centers for Disease Control and Pre vention Its almost certainly occurring in other places and not agreed Dr J Stephen Dumler an expert on the disease at Johns Hop kins University He wrote an editorial accompanying a report of the CDC study in todays New England Journal of Medicine Rocky Mountain spotted fever was first recognized a century ago in Idaho but has spread through much of the United States More than half of cases are reported from the southAtlantic states Delaware Mary land Virginia West Virginia North Carolina South Caro lina Georgia and Florida Please see TICK Page A5 Diseasecarrying ticks RocKy Mountain spotted fever is mostly carried by two ticks that feed on small mammals The brown dog tick that feeds mainly on dogs is now considered an important host Diseased ticks and hosts Brown dog tick Rocky Mountain wood tick Inch The Associated Press INSIDE TODAY Todays obituaries Alfonso Anaya 74 Aug 9 Eli Martinez 80 Aug 10 Esequiel Rael 90 Aug 9 John S Swainson Madrid Aug 6 Courtney I TrujiUo Aug 9 Antonio Montoya 65 San Bernadino Aug 10 James H Lone 83 Chi cago Aug 6 Page C2 Todays forecast A couple of Tstorms in the afternoon High 85 low 61 PageC8 Annies Walloon D3 Movies C2 Business C6 Mutuals C6 Classifieds El Opinion Comics A7 Outdoors Dl Crossword D3 Police notes C2 Horoscope D3 Scoreboard B2 Local news Cl Sports Bl Lotteries C2 Stocks C7 TheWesfs Oldest Newspaper Five sections 30 pages 156th year Issue No 223 Publication No 596440 Late paper Classified ads 9840363 9863000
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