National Access Problems

A Plea for Public Access Television

Tampa Bay, FL
Beverly, MA
Oyster Bay, NY
Manchester NH
Biddeford, ME
Portland, ME
Columbus, OH
Boulder, CO
Portland, OR
Maui, HI
Honolulu, HI
Kauai, HI
CTPA
Woodbury, NY
Boston, MA
Braintree, MA
Baltimore, MD

Public Abscesses
"You can express your opinion only if you are in 'Good Standing'."

Interesting Viewpoint

Please keep in mind that there are many PEG Access centers out there that are doing an exemplary job, of which I have found many are "membership" organizations that democratically elect their board of directors which results in active producer participation in the operations and management of those centers. It is unfortunate that there are many places in our country that make it difficult to get access started in the first place and others that make attorneys wealthier by creating a maze of "Renewal Issues" for them to sort through to keep "the "soapbox" alive. With the "Mega Mergers" of media giants becomming the norm, IMHO, pointng out the negative impacts on "the soapbox" is more important at this point in time than singing the praises of the many exemplary democratically run centers.

"The minority, the ruling class at present,
has the schools and press, usually the Church as well,
under its thumb.
This enables it to organize and sway the emotions of the masses,
and make its tool of them."

[Albert Einstein, letter to Sigmund Freud, 30 July 1932]

Small-town case on public access has big impact

PATRICIA DEMAREST and VICKI DUNN v. ATHOL/ORANGE COMMUNITY TELEVISION, INC., et. al. (HTML)

CIVIL ACTION NO. 01-30129-MAP (PDF)

Oligopoly, by Robert W. McChesney

A few gigantic mega-corporations own almost all of the popular media sources, giving them control over most of what you can see and hear outside of the Internet.

Biddeford, ME

Thursday, August 8, 2002

Biddeford cable-access to go back on the air
Press Herald Staff Reporter,

BIDDEFORD — Lights, camera, limited action.

                  The City Council has agreed to put the local cable-access channel back on
                  the air, but only to air governmental meetings of the council, school
                  committee and planning and zoning boards.

more on the above story http://www.centralmaine.com/news/stories/020808biddefor.shtml

Judge: Biddeford cable talk-show host is back
http://www.centralmaine.com/news/stories/011018talk_sho.shtml

Thursday, October 18, 2001

                  Judge: Biddeford cable talk-show host is back
                  By TED COHEN, Blethen Maine Newspapers
                  Copyright © 2001 Blethen Maine Newspapers Inc.

                  BIDDEFORD — A federal judge on Wednesday cleared the way for a
                  Biddeford talk-show host to return to the airwaves, one day after city
                  officials banned her from the local cable-access channel.

                  U.S. District Court Judge D. Brock Hornby blocked a vote by the Biddeford
                  City Council Tuesday night to remove Dorothy LaFortune's controversial
                  show, "Maine Forum," from the local Channel 2.

                  The decision means LaFortune can remain on the air while she pursues a
                 lawsuit against the city and Mayor Donna Dion, claiming they restricted her
                  First Amendment rights.

"I hope the mayor is watching," said LaFortune, who planned to appear on
the air Wednesday night.

                  The case is being closely watched by civil libertarians, who argue that it's a
                  violation of free speech for political leaders to silence a show on
                  public-access TV for airing controversial material.

                  During the show in question, on July 4, LaFortune's guest and friend, City
                  Councilor Philip Castora, accused city and bank officials of illegally
                  conspiring to foreclose on the home of LaFortune's mother. Castora also
                  named a local auctioneer who was involved in the foreclosure.

                  Dion pulled a tape of the show from regular rotation because she was
                  concerned that naming a private citizen as part of the alleged conspiracy
                  constituted slander.

The council upheld the mayor's decision on Sept. 4. However, the show
continued to air.

                  Tuesday night, councilors voted 4-4 — the tie was broken by Dion —to ban
                  LaFortune from the Channel 2 studios, effectively taking her off the air. They
                  decided she had violated Dion's previous order not to re-air the taped
                  broadcast containing potentially defamatory material.

                  At the Portland court Wednesday, Maine Civil Liberties Union attorney
                  David Lourie, who represents LaFortune, told Hornby that "our worst fears
                  were realized" when the mayor broke a tie vote Tuesday night taking
                  LaFortune off the air.

                  Lourie argued that councilors exceeded their legislative authority by
                  punishing someone for allegedly violating the very same broadcast rules the
                  councilors helped draft.

City Attorney Harry Center II argued, however, that defamatory material is
not considered protected speech.

                  After Lourie and Center presented their arguments, Hornby said that, by all
                  accounts, the local TV ordinance is designed to promote free expression
                  and cast doubt on the council's decision to ban LaFortune.

                  "I'm having serious doubt as a matter of state or municipal law whether
                  there is any basis for what the council has done," the judge said before
                  ruling that LaFortune may continue to appear on Channel 2.

City officials said they plan to continue their efforts to remove LaFortune
from the airwaves.

                  Dion said that she hopes people will realize that the city's decision to ban
                  LaFortune had nothing do with censorship, but more to do with following the
                  rules. She said LaFortune broke the city's cable-TV rules for producing
                  shows, including getting signed releases from certain guests.

"I believe she has forfeited her right to appear on cable access," Dion said.

                  Biddeford councilors are also considering further regulations to restrict who
                  can produce shows on the local cable-access channel. The proposed
                  changes have been criticized by residents and civil libertarians, leading
                  councilors to delay action on them until Nov. 7, the day after the local
                  election.

DISPATCHES

Published on October 11, 2001 Page: 2B

BIDDEFORD Public-access TV rules on agenda The City Council will hold a special workshop at 7 p.m. Monday at City Hall to discuss the city's public-access cable TV ordinance. Several councilors requested the workshop to hash out free-speech concerns and other issues related to several public access proposals that the council will consider on Tuesday. One proposal would ban Dorothy Lafortune's talk show, "Maine Forum." City officials say Lafortune violated her

BIDDEFORD COUNCIL ADDRESSES FREE SPEECH CONCERNS

Published on October 6, 2001 Page: 1B

Byline: From staff reports Growing controversy and confusion over the city's crackdown on public-access TV is pushing some city councilors to rethink proposals that free speech advocates say would violate the First Amendment. The City Council is considering measures that would ban one woman's local talk show for at least a year and increase restrictions on other public-access producers. As supporters of the crackdown, including Mayor Donna Dion, continue to defend their efforts, others worry that the

Article 5 of 22

BIDDEFORD TV DISPUTE DRAWING ATTENTION

Published on October 4, 2001 Page: 1A

Byline: From staff reports The city's efforts to crack down on public-access television have stirred a caldron of free-speech controversy that is drawing national attention. The City Council is considering proposals that would ban one woman's talk show for at least a year and make it more difficult for other producers of public-access shows to air controversial programs. On Wednesday, the Maine Civil Liberties Union directed Cape Elizabeth attorney David Lourie to appeal the city's recent

BIDDEFORD MAY BAN TV HOST ON LOCAL CABLE

Published on October 2, 2001 Page: 1A

Byline: From staff reports The City Council is prepared tonight to silence one host on public access TV and make it more difficult for others to broadcast controversial shows on local cable. The council will consider ordinance changes that would bar shows produced by people who owe taxes or fees to the city, and would require all programs aired in Biddeford to be produced locally. The meeting is at 7 p.m. at City Hall. The proposed actions target two current cable hosts, Biddeford resident Dorothy Lafortune and

IN THE PUBLIC EYE

Published on September 30, 2001 Page: 1E

Byline: From staff reports For about 15 years, Tony Vigue volunteered at a make-shift public access TV station in the attic of the Standish Town Hall. He and a few other people taped town events, created some programs and listed local events on the channel. For most of the time he was there, often working alone, Vigue felt that the potential for local access TV in Standish was not being realized. Today Vigue works as manager of the community television station in South Portland, where the city puts aside some 60

Portland, Maine

WOMAN SAYS TV TALK SHOW DEFAMED HER AN EMPLOYEE OF PORTLAND'S CHANNEL 2 SUES THE PROGRAM'S HOSTS, PROTESTING REMARKS THEY AIRED ON PUBLIC-ACCESS TV.

Published on April 4, 2001 Page: 1B

Byline: MARK SHANAHAN Staff Writer Tom Handel was not always amused by "Live on 2 with Kyle and Efram," but he was reluctant to pull the plug. After all, Handel figured, a certain amount of crude talk is to be expected, maybe even welcomed, on a local cable talk show. "The role of community television is, first and foremost, to support people's freedom of speech," said Handel, executive director of Portland's Community Television Network. "Why would I talk to them about their language?

INDECENT EXPOSURE

Published on September 20, 1998 Page: 1E

Byline: RAY ROUTHIER Staff Writer Over the years, people have come to expect such things as city council meetings and school lunch menus from public access TV. They don't, however, expect to hear discussions of oral sex. That's what viewers of Portland Public Access television got earlier this year on the call-in show "Live on 2 with Kyle and Efram." Kyle Rankin and Efram Potelle, 25-year-old aspiring filmmakers, encouraged callers to be creative when discussing their favorite oral sex techniques. Dozens

PUBLIC-ACCESS TV STATION WANTS TO SELL TIME FOR ADS OPPONENTS SAY COMMERCIALS COULD TAINT CHANNEL 4'S COMMUNITY BROADCASTING.

Published on February 16, 1998 Page: 1A

Byline: Andrew D. Russell Staff Writer A proposal to show commercials on Portland's community television channel is drawing criticism from opponents, who say it violates the spirit of public-access TV. At the heart of the debate is whether commercials will corrupt the ability of local producers to say and show what they want. Directors of the Community Television Network want city approval to show commercials and infomercials during select time periods on Channel 4. The reason: a lack of money. Channel 4 is seen in 16

GRATTELO THREATENS TO VETO PUBLIC-ACCESS TV FUNDING

Published on August 6, 1997 Page: 1B

Byline: Jack Beaudoin Staff Writer Mayor James Grattelo is threatening to veto a $53,000 allocation to public-access television after losing a bid to cut the project's director position to part time. The battle over the fledgling public-access project provided all of Tuesday night's fireworks at an otherwise humdrum meeting in which the City Council gave final approval to a new $30.7 million budget. The newly formed cable television committee, which oversees the city's public-access cable channel, had

Manchester, NH

Manchester Community Television goes to 'war'

Soap opera still going on at MCTV

Charges fly as MCTV bars Vaillancourt, Welch

Vaillancourt, Welch get back on MCTV air

RealVideo of Terminated clients

BOULDER, CO

Free Speech TV Silenced in Hometown

New allegations against CATV

ACCESS DENIED: Boulder Community TV is at War with one of its flakiest producers

City puts CATV under the lens

Setting record straight

Murder plot... not

City council watch (3rd section, 5th paragraph near bottom of article)

Colorado Daily Editorial:

Members of Boulder's City Council are scheduled to appoint new members to CATV's board of directors. They ought to have waited until their review of CATV was complete. But, since they seem determined to go ahead with the appointments, let's hope they at least take time to consider carefully what the current board member have been up to.

If documents reviewed by the Colorado Daily are any indication, members of CATV's board, together with the facility's executive director, have been conducting business in a way violates both state law and the spirit of community access television. Two things in particular stand out as worthy of council's attention.

The first is the CATV board's and director's ignorance of or disregard for Colorado's open meetings law. We know that board members had been holding closed Executive Committee meetings and that other board committee meetings occurred that were not published. In addition, however, board members held at least two "meetings" by e-mail.

The first was held on Nov. 24, when Shaun Dalrymple, chairman of the board, e-mailed 10 of the board's 11 members and made a motion to endorse Executive Director Bobbie Carleton's actions against local producer Jann Scott.

"I need a second and then a vote," wrote Dalrymple. "Please send your responses to all of the Board members, that is, reply to all ... By voting via email, we have a quorum since 10 out of 11 board members have email. I hope that you all will respond."

The 11th board member -- Guy Errikson -- was effectively excluded from voting because he doesn't, though Dalrymple asked Carleton to provide copies of the exchange to Errikson. Coincidentally, or perhaps not, Errikson has been a voice of dissent on the board and was himself the subject of the second email meeting.

In an email dated Feb. 1, board member Frank Ohrtman writes "... is sit at the %$#@! meeting till midnight and listen to Guy E. fight with everything we try to do. As volunteers we really do have better things to do. I intend to make a motion that Guy be ejected from the board. I'm feeling out the board for support or non-support. Who can I count on to: 1. second the motion and 2. vote in favor for his ejection?"

Ohrtman also complains about the time spent listening to complaints about staff members.

"We are not city employees or elected officials and really are not legally compelled to listen to baseless complaints about 'rude employees' by anyone walking in off the street. Again we are volunteers with better things to do. I will make a motion that we no longer invite public comment at our monthly meetings. If people want to make input on the Board, they should run for the Board or
send us written complaints."

Again he asks certain other board members -- in this case Dalrymple, Mark Fearer, Richard Peddie, Bruce Borowsky and Patrick Scannell -- to indicate their level of support.

It doesn't end there.

Ohrtman then goes on to write, "We are not City employees and do not take direction down to the level of being told how to run and even schedule our meetings by City employees. I will make a motion that, given City administration's unwillingness to work with us, we form a study group to discuss taking CATV private. Yes, we can do this."

City Council members are well-versed in open meetings law. They know full well that to hold a meeting by email, or even to communicate about city business via email with other city officials, is illegal. The same holds true of all city boards, including CATV's board.

Further, most council members know that CATV was created by the city for one purpose: to manage a public access television facility on behalf of the city and the taxpayers. To that end, the city has bestowed CATV with the bulk of its budget each year. The city has a sizeable investment in CATV. Ohrtman's conviction that the board need not take direction from the city when it comes to meetings and that it ought to ban public comment show that he, at least, has little interest in serving the taxpayers and no respect for CATV's public purpose.

The second issue that ought to be of concern is the heavy hand with which Carleton seems to be directing CATV. According to documents reviewed by the Daily, Carleton has revised CATV policies and procedures without public input or board vote. At least "interim" policies were introduced by Carelton. Though the policies are declared to be in effect "immediately," the CATV board is not
scheduled to review the policy revisions until April 12.

Carleton seems to be particularly interested in revisions, as several documents that passed through her hands, including an employee handbook, indicate that they were recently revised. The revision dates, however, also show that the revisions were not made as part of a public board meeting. Has the city recently decided that Carleton has the freedom to revise whatever she wishes at will, or is she assuming authority that is not rightly hers?

Someone needs to get answers to these questions and many others -- what role does a full-time paid producer play in public access television? -- before the city's contract with CATV is renewed. The very spirit of public access television, in addition to a heck of a lot of city money, seems to be at stake here.

Meanwhile, since it insists on appointing board members now, City Council should give serious consideration to removing CATV's current board members entirely. And Frank Ohrtman should give some thought to running for CU's Board of Regents. With his disdain for public input and his disregard for open meetings law, he's proven that he's got the right stuff.

PAMELA WHITE

Portland, OR

OPEN ACCE$$ TO CABLE CRIME

CiTY CABLE CHaOS

Portland Decision Reversed!