Hawaii Tribune-Herald: TV producer suing cable access

Monday, Mar 29, 2004

TV producer suing cable access

By CHRIS LOOS
A Puna cable access producer has filed a federal lawsuit seeking $50,000 from the public access cable TV corporation Na Leo 'O Hawaii for allegedly violating his free speech rights and defaming his character.

The lawsuit, filed Feb. 13 in Honolulu by Juan Morales of Keaau, also names the federal Department of Commerce and Consumer Affairs, the department's director and two of its administrators, along with employees and board members of Na Leo.

Morales, who filed the lawsuit without an attorney, alleges that the cable company violated its bylaws by twice censoring Morales.

The lawsuit alleges that Na Leo's general manager, Juergen Denecke, took Morales' TV program, "Free Flow TV," off the air in May 2002 and barred him from submitting any material for 90 days because Morales used "abusive" language when speaking to a staff member.

Morales sought an emergency meeting of Na Leo's board of directors, citing a federal provision that bars cable operators from exercising editorial control over a public access channel.

He also wrote to the Commerce Department seeking a legal opinion about Na Leo's waiver form that, according to Morales, makes producers sign away their first amendment rights and their right to due process.Glenn Clock, a Commerce Department administrator, wrote back that the department doesn't participate in Na Leo's operational and financial matters. However, he acknowledged a producer's first amendment right to air a program without censorship, according to the lawsuit.

Clock is one of the named defendants.

The lawsuit alleges that Na Leo suspended Morales a second time last year for an alleged copyright violation on his program, "Hawaii Kapakahi."

According to the lawsuit, a viewer complained that Morales' program wasn't appropriate for public access. "If you have to show it, do it after midnight for the perverts," the viewer allegedly wrote.

According to the lawsuit, Denecke encouraged the writer to send letters of complaint to help get the show off the air.

A few days later Denecke wrote to Morales, suspending his access to the channel for six months for allegedly playing copyright-protected music, the lawsuit alleges.

Morales further alleges that Clay Calloway, a Na Leo employee, made "disparaging and defamatory" comments about him on the Commerce Department's Web site.

Morales alleges that the cable company produces its own programs and gives preferential treatment to clients of its choice, depriving the community of access to the public's recording equipment at Na Leo's studios.

The lawsuit asks Federal District Judge Helen Gillmore to order Na Leo to stop "discriminatory practices" and to allow Morales to air his programs "regardless of program content."

Morales also wants the judge to inform the company that it isn't a production house for selected clients and to order the company to stop making its producers fill out the waiver form.

He wants the judge to order the cable company to pay him $50,000 in damages.

Morales told the Tribune-Herald his complaint is that the government gives Na Leo half a million dollars a year to provide public access TV.

"This private corporation does not have the legal basis for establishing editorial control and censorship," he said. "These are first amendment issues that concern the general community and the public as a whole."

Denecke wouldn't discuss the lawsuit Friday. "Unfortunately, I cannot comment," he said. "It's in the hands of our attorney." His lawyer, Elton John Bain, was out of state Friday and unavailable for comment.

The Department of Commerce and Consumer Affairs office was closed Friday for the Prince Kuhio holiday.

Chris Loos can be reached at cloos@hawaiitribune-herald.com

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