Court refuses to order Maine public-access station back on air

By The Associated Press

05.30.02

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PORTLAND, Maine — A federal judge has refused to order Biddeford's local public-access television station back on the air.

U.S. District Judge Brock Hornby ruled late last week that Biddeford has the right to shut down the station while it attempts to develop rules for use of the city-owned station.

Hornby's ruling was in response to a lawsuit filed by Richard Rhames, a former Biddeford city councilor, and the Maine Civil Liberties Union, who claimed that Biddeford's shutdown of the station violated freedom of speech.

In his May 24 ruling, Hornby wrote that the city can't take an indefinite amount of time to develop new rules.

The ruling also quoted comments made by City Councilor James Grattelo that anyone who doesn't like what's on Channel 2 shouldn't have to shut off the TV.

If the city's cable-TV ordinance were to mirror Grattelo's sentiments, "the First Amendment violation would be clear," Hornby wrote.

Grattelo praised Hornby's decision not to force the station back on the air before new rules are written.

"If someone doesn't like what's on public access, they should shut off the TV," he said. "But public access is a privilege, not a right, and we need rules by which the station is governed."

The Maine Civil Liberties Union said it was pleased with Hornby's ruling.

"The court found that (the) goal of Councilor Grattelo in rewriting the public access rules so that programming would no longer offend anyone would be unconstitutional, and that the city cannot continue to suspend this free speech forum indefinitely, as Councilor Grattelo has threatened to do if he does not get his way as to the new rules," the MCLU said in a statement.

Update

Public-access TV returns to Maine town — without the public
Biddeford City Council says that for now, Channel 2 can air only government meetings.  08.10.02

Related

Federal magistrate: City illegally censored woman's public-access show
But opinion rejects Dorothy Lafortune's claim that city council acted as illegal court, violated her due-process rights.  05.03.02