Cable-access show back on air while federal judge decides case

The Associated Press

06.08.00

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	Joe Ed Bunton stands outside City Hall, in Palestine, Texas.

PALESTINE, Texas — A public-access cable program that was sometimes critical of city government is back on the air — for now.

A Tyler federal judge on June 6 ordered that "Questions & Answers," be allowed to air twice a week, pending the outcome of host Joe Ed Bunton's civil lawsuit against the city of Palestine.

"Q&A," which had been off the air for almost four weeks, aired during its former time slot Tuesday on the city's "educational and governmental" channel, which previously was an open cable-access channel.

U.S. District Judge T. John Ward told parties on both sides June 6 that he believed there was a "substantial likelihood that the plaintiff will prevail on the merits of the case" in the trial which he set for Aug. 30.

Bunton has sued the city and Texas Cable Partners, L.P., alleging the city's ordinance pertaining to public-access television violates his constitutional rights of free speech.

"We're very pleased," said Washington attorney Peter Hopkins, who represents Bunton. "Obviously, we think this is the correct decision… . We're happy at the judge's remarks he saw a likelihood of success (in the August trial), but obviously were not going to prejudge anything."

The city's attorney said the city would abide by the judge's decision.

"I don't really have any reaction," San Antonio attorney Lowell Denton told the Palestine Herald-Press. "We'll abide by the court's order and follow it explicitly."

"Q&A;" began appearing on public-access television in 1990. It was on the air until about a month ago, when the city's new cable ordinance went into effect. Under the new ordinance, the channel is now reserved for "educational and governmental" programming.

Hopkins, who called the policy "viewpoint censorship," said other programs focusing on issues such as religion were no longer on the air as a result of the city's new cable contract.

During the June 6 hearing, Denton said the city believed it had the legal right to take "back the permission for the public to use" a public-access channel as part of its cable agreement.

"Our legal argument is it expired in May and we have no obligation to make it anew," Denton continued.

During this week's hearing, Ward told Denton "the court has a serious problem with the concept" of a governmental body controlling "what goes on the air."

"We're not regulating who can use it," Denton responded. "The government is retaining the use of it itself."