New Braunfels Herald Zeitung (Newspaper) - July 2, 1985, New Braunfels, Texas
Woman fights to open home for retarded
CLEBURNE (A) — The woman who successfully fought city officials in an effort to open a group home for the mentally retarded in Cleburne says she’ll start plans “right away” to open up the home.
Mrs. Jan Hannah won her five-year battle with Cleburne Monday when the U.S. Supreme Court ruled that the city could not require a group home for the retarded to seek new zoning.
Hannah’s proposed group home, which she hopes to open Sept. I, would offer the residents a chance to live independently outside an institutional environment.
Cleburne City Attorney Rita Papa john said, “The city will do whatever the Supreme Court mandates.”
She said city officials would not have any comment until they read the court’s opinion.
The victory won by Hannah and her clients was not a total one, however.
Advocates for the retarded had hoped the court would designate the mentally retarded as a special class protected against discrimination as blacks and women are.
“We would have been overjoyed if courts had found mentally retarded people deserve higher scrutiny. This is second best." Hannah said.
Justice Byron R. White, writing for the majority, indicated retardation is a characteristic the government may legitimately take into account in a wide range of decisions,” and laws based on it should be judged more leniently as those based on sex or race.
But Justice Thurgood Marshall, writing for the dissenters, decried what he called the “segregation andBriefly
Court decision seen as benefit
AUSTIN (AP) - A U.S. Supreme Court decision that overturned a Cleburne zoning case will help Texas’ efforts to establish community homes for the mentally retarded, according Austin attorney Renea Hicks represented the Cleburne Living Centers which bought a house in 1980 with plans to establish a group home for 13 mildly-mentally retarded men and women under 24-hour supervision.
Hicks was attorney for Cleburne Living Centers which bought a house in 1980 with plans to establish a group home for 12 mildly-mentally retarded men and women under 24-hour supervision.
The city denied the permit after neighbors protested.
The Supreme Court struck down the city decision unanimously Monday sying it appeared to “rest on an irrational prejudice against the mentally retarded.”
Hicks said the way was clear for his clients to go ahead with the home but he did not know when it would start.
Assistant Attorney General James Todd told the news conference the state joined in the appeal as the legal representative
for the Department of Mental Health and Mental Retardation.
Hicks said the high court decision, coupled with a bill passed by the recent legislature, would be very important in establishing residential units for the mentally retarded in large communities.
Hicks said the court decision would allow group homes for the mentally retarded in any residential area where hospitals, apartment and nursing homes are already allowed.
“It doesn’t say that every residential area in Texas has to let in a mentally retarded home for 13 people, just as every residential area does not have to let in a nursing home," Hicks said.
“It does say if other individuals can live in congregate living conditions, then mentally retarded can too," Hicks said.
Todd said the recently approved legislation prohibits cities or counties from denying permits for group homes of up to six mentally retarded persons in any residential districts. Such homes would be allowed in areas where apartments, hospitals and nursing homes are not allowed. Todd said.
degradation (of the mentally retarded) ... that in its virulence and bigotry rivaled and indeed paralleled
the worst excesses of Jim Crow.”
The court was unanimous, however, in striking down the
Cleburne zoning ordinance that required group homes for the mentally retarded to get special permits before locating in the same residential neighborhoods where apartment houses, public schools and nursing homes need no permits.
White said Cleburne’s argument appeared to rest on “an irrational prejudice against the mentally retarded.”
The mildly retarded men and women who will live in the Cleburne group home will have 24-hour supervision. The property was zoned for a hospital, a convalescent home, a nursing home, a boarding house, apartments, a fraternity or sorority house — almost anything except a home for the feeble, alcoholics, drug addicts or the insane.
The city classified the house as a “hospital for the feeble-minded” because of the 24-hour care required, and required Hannah to obtain a special permit. When she applied, the city turned her down.
Hannah, 42, who has been working as a volunteer for the retarded for 18 years, has become a bit of an outcast in this town of 19,000 south of Fort Worth.
The fight for zoning has been a bitter one. with neighbors and city officials campaigning against Hannah and her home. Neighbors said they feared violence and thought the city ought to be able to set the rules it wanted.
But Hannah said Monday the fight was worth the cost.
“I don’t feel like a hero,” she said. “I don’t feel any different. ... I do have more faith in the system now. (But) I felt all along that we were going to win."Remains may be missing Texas teen
FORT WORTH (AP) - A body found in a wooded area of north Fort Worth may be that of an Arlington teen-ager who was reported missing Saturday morning, police said early t inlay
Allen Edward Bolden, 17, a lifeguard at the Fort Worth Boys Club, was last seen Friday night when he left the club for swimming practice at the University of Texas at Arlington, said cit) police spokesman Doug Clarke Bolden never showed up at UTA Clarke said police did not know the cause of death of the man found in a wooded section of Fort Worth Monda> night He said the body was partially decomposed Sunday I S Customs officers stopped five men tr\ing to drive Bolden's car across the border at Del Rio Two Arlington police left for Del
Rio Monday to question the men Arlington police spokesman Jim Willett called Bolden a “clean-cut. all-America type kid.”Mattox sues Austin over road dispute
AUSTIN (AP) — Attorney General Jim Mattox filed suit Monday against the city of Austin, alleging that the city is trying to turn public land into a private roadway.
The land in question, Mattox said, is known as Sand Beach Reserve and is located between the International & Great Northern Railroad bridge and I .amar Boulevard on Town Lake, north of the Colorado River.
Mattox said Sand Beach Reserve was given to the city by the state in 1945. subject to the restriction that it be used for public purposes The Austin City Council passed an ordinance in January . Mattox said, that dedicated a roadway from West
First Street, across Sand Beach Reserve, to the proposed private development of Townlake Joint Venture, north of Sand Beach. In addition. Mattox said. the city staff has recommended that West First Street be widened to accommodate the increased traffic generated by the Townlake Joint Venture development
Mattox alleges in his suit that the proposed roadway serves a private, not a public purpose, and the city council's action violates a public trust.Houston warehouse fire injures at least five
HOUSTON .AP. - At least five firefighters suffered minor injuries early today as a warehouse fire burned for more than five hours before being brought under control, authorities said.
The four-alarm blaze at the 100,000-square-foot Palmer Warehouse sentSpeedy trial motion filed on Lucas' behalf
LUBBOCK (AP) - A lawyer for Henry Lee Lucas said new evidence from the family of a young Lubbock woman murdered a decade ago encouraged him to file a motion seeking a speedier trial.
Dallas lawyer Gary Richardson said the new evidence might prove Lucas innocent in the Aug. 24, 1975 murder of Deborah Sue Williamson of Lubbock.
Richardson said he filed the motion Monday because of evidence gathered by the victim’s stepfather, who has repeatedly
argued that Lucas was not the killer.
He added that Lucas passed polygraph examinations confirming he falsely confessed to the murder of Ms. Williamson and
Lucas gained national attention after confessing to hundreds of murders in various states But earlier this year, he changed his story and said he was fed information by authorities.
Some newly gathered evidence also indicates he was miles away from the scenes.
a column of black smoke high into the air. visible for miles around the city.
More than 140 firefighters were summoned to the scene near the Houston ship channel, on the east side of the city, after the blaze was spotted about 2 a rn. by officers in a police helicopter.
None of the injured people was hospitalized, Fire Capt. Tommy Rogelio said.
Rogelio described the contents of the warehouse as “everything under the sun.” including insecticides, poisons, plastics and food.JULY 4th ic'Bank Closing
The following financial Institutions will be closed.
MPACT Banking: 24 hours dailyNew Braunfels National Bank
Transact Bank Open 24 hrs.New Braunfels Savings & Loan Association Texas Commerce Bank First Federal Savings & Loan
New Braunfels-Saltler-San Marcos WimberleySan Antonio Savings & Loan Association
Will have all services open regular hours Fri. July 5, 1985 Please arrange your Business accordingly.
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Scattered showers dampened Norm and West Texas early today whit# mostly cloudy skies blanketed the rest ot the state
The rain, prompted by a weak cold bom was generally north of a line that emended bom Texarkana to Stephenville to northwest ot Oel Rio according to rite National Weather Service
Early morning temperatures were generally in the 70s except tor West Texas and the Panhandle where readings were mainly in the 60s The 4 a rn extremes ranged from 62 degrees at Amarillo to 78 at Longview
As moisture (rom the Gull spread across the state winds were (rom the sooth al 5 to 10 mph, the weather service said In the forecast, cloudy skies with scattered showers and thunderstorms should continue through tonight vt North and West Texas with overnight lows in the 60s and 70s
Partly cloudy skies are expected m South Texas tonight and the rest o( the state by tomorrow with highs mostly in the 80s and 90s High temperatures both days should
reach 106 in the Big Bend valleys the weather set vee said
North Texas Scattered thunderstorms today mamiv north portions otherwise partly cloudy and continued warm Widely scat tered thunderstorms west tonight partly cloudy and mild elsewhere Widely scattered thunderstorms east Wednesday otherwise partly cloudy and warm High temperatures in the towel to mid 90s Lows rn the upper 60s to lower 70s
West Texas Scattered thunderstorms
Panhandle and South Plains, isolated elsewhere today and tonight with little ac
tivity expected Wednesday Highs today and Wednesday mio 80s Panhandle to mrd 90s Concho Valley to 106 Big Bend Lows tonight mid 60s Panhandle to near 70 Big Bend
South Texas Some late night and early morning cloudiness otherwise partly cloudy through Wednesday with riot days and mild at night Isolated showers or thundershowers Wednesday afternoon Cuastdi Plains Highs in the 80s and 90s Lows in the 70s
Pot! Arthur to Port O Connor South winds 10 to 16 snots today tonight and Weonesday Seas 3 to 6 feet today and
Port O Connor to winds nea> 16 Wednesday Seas tonight
Southeast tonight and ’ today and
Thursday through Saturday
North Texas Nu ram s e 90s Lows upper 60-. to lower
spec ted Highs
West Texas Mothy sunny days and tau nights High- 90s ex ept near 106 along the Rio Grande Lows 60s to near 70 Big Beno valleys
South Texas Parity cloudy with hot days and mud nights A chance of mainly daytime thundershowers eat' and south Lows m<s 60s to near 70 northwest 70s elsewhere except nea< BC immediate coast Highs mainly 90s except upper 80s immediate coast
Thunderstorms blew across the Deep South Texas and Wisconsin today and early morning temperatures reached TOO degrees m the West atter a day of record breaking heat m California and Montana
Showers were scattered (rom south central Montana across northeast Wyoming and western South Dakota mtu c’.antral Nebraska Thunderstorms rumbled acioss central and southern Mississippi into southwest Alabama, across northwest Texas and through northern Wisconsin
GoltbaM sifed ban and wind gusts ot nearly 60 mph accompanied thunderstorms around Jackson Miss and Sheridan Wyo Monday evening.
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