Fullerton Council Refuses Permit to Cal State Fraternity

After two decades of town-gown battles over booze, parking, loud parties and disheveled buildings, Fullerton refused Tuesday night to issue a use permit to a troublesome fraternity house.

The City Council voted 3 to 2 not to issue the permit to Sigma Alpha Epsilon fraternity at Cal State Fullerton. By a 4-1 vote, however, council members granted a use permit to Sigma Pi fraternity. But the fraternity attorney said he would consider challenging some of the conditions of that permit as unconstitutional.

City building inspectors now can force Sigma Alpha Epsilon to restore its house to its original condition as four separate apartment units.

“I think it’s unreasonable behavior,” council member Molly McClanahan said of the fraternities after the vote on Sigma Alpha Epsilon. “We set the time clock on January ’86 (to meet city requirements). Talking about behavior . . . those standards have not been met.”

But Greek alumni council president Steve Forell was irate after the vote. “They didn’t even give the guys a chance. If they had given SAE six months more, it would be no problem.” The fraternity will consider taking the matter to court, he said.

City officials had said earlier Tuesday that they would ask Cal State Fullerton to drop its recognition of Sigma Alpha Epsilon and Sigma Pi if the permits were denied. That would mean they could not hold fraternity events on campus and could not have rush parties for prospective members.

But university officials said Tuesday that they probably would deny the city’s request. So long as the houses abide by university rules and regulations, the college has no place in this dispute, officials said.

“The university feels that this is a zoning matter, a property issue really between the fraternities and the city,” said Charles Buck, acting vice president for student services. “Losing one’s use permit would not require losing recognition. It would take a lot more than that action.”

The fraternities have had more than two years to make repairs to comply with city codes, find additional parking spaces, reduce noise and apply for the permits. Fraternities were told as part of an agreement with the city in November, 1985, to obtain the permits by the following January. In January, that deadline was extended.

Sororities Have Permits

So far, five of the eight Fullerton fraternity houses located in fraternity row on Teri Place just north of the campus have received the use permits. One application is pending. All six sororities in the area have been issued permits.

The permits set several conditions for the houses, including an “appropriate” number of residents, no “excessive or undue police activity” and full compliance with fire, building and zoning codes. They also tell the city who lives in the house and when parties are planned, and provide guest lists of those invited. Open parties are not allowed.

Neighbors have long complained of boorish behavior by fraternities. Members now claim that they have mended their ways and that the city is treating them unfairly.

City officials said they were frustrated that the university and Greek alumni organizations had not forcefully intervened and that some of the houses had not lived up to promises to reform their behavior.

“The alumni have said boys will be boys, and the university says it is not on our property so it is not our problem,” said Ted Commedinger, associate city planner. “The city has essentially had to step in. No one else would take the responsibility.”

The Sigma Alpha Epsilon and Sigma Pi houses have been the most egregious offenders, city officials said. Since January, police have been called 10 times to the Sigma Alpha Epsilon house on complaints and three times to Sigma Pi’s.

Decision Appealed

On Aug. 24, the city Planning Commission voted 4 to 3 to deny those houses a use permit. Tuesday night, the fraternities appealed that decision to the City Council.

An attorney for the fraternities said the city is unfairly punishing the Greeks now for problems of the past.

“That’s ancient history. We are no longer a problem in the neighborhood, and there have been no complaints since March 18,” said Ron Talmo, a law professor at Western State University College of Law, who was retained by the Greek alumni association to represent the houses.

Since March, the Greek Alumni Advisory Council has set up a judicial council with the power to police and enforce rules of behavior for the fraternities, he said. The council investigated the March complaint and levied a fine of a “couple of hundred dollars” against Sigma Alpha Epsilon, Talmo said.

“All the houses have agreed to do it this way,” Talmo said.

Talmo said the city ordinance that requires the use permits raises constitutional issues of discrimination against the Greeks.

“If they weren’t college kids the city would never attempt this,” Talmo said. “No way can a governmental body cause the dismemberment of an associational group. It astounded me.”