Opinion: Refocus public access fight

In a merciful world, the sound reasoning behind Hillsborough State Attorney Mark Ober's decision not to prosecute a local cable TV program for criminal porn would close on the highest note possible the silly sound-bite war that left Ober trapped between two Tampa political opportunists.

But wasting the state attorney's time is not enough to satisfy Hillsborough County Commissioner Ronda Storms. She wants to continue her bid to yank funding for public access television. It's a risky, self-serving maneuver that could put county taxpayers on the hook should the action be deemed censorship.

It was Storms, remember, who asked Ober to issue a ruling, and she should defer to his research and sound conclusion that the broadcast is constitutionally protected speech. The show's producer, Charles Perkins, hosts a call-in show that has taunted Storms and aired graphic female nudity. The issue, as Ober pointed out Wednesday, is not whether the show is offensive, which it surely is, but rather whether it meets the criminal standard for being obscene, which it does not.

"Perkins' seeming message is a parody or even an attack on mainstream religion," Ober wrote, citing a history of case law to support his findings. "This would clearly fall within the protected realm of political speech."

Storms, a lawyer, shouldn't need a tutorial on free speech rights in America. She also demeans her elected office by trying to personalize the pain this controversy has caused. Storms may genuinely feel her safety has been threatened by the adverse publicity. But using that as a pretext to silence critics who operate within the bounds of protected speech is a misuse of Storms' constitutional office.

Instead of panning for votes by kicking around low-rent producers who indulge their inner frat-boy, Storms should seize the higher ground and focus on quality television. The mission of giving the community a voice through public access is an important one. It also was a politically popular one until Storms got hold of it. Storms' message would resonate beyond the antinudity fringe if she would leave Perkins aside and focus on the lack of quality public programming. Ober was careful to point out that his opinion relates to only criminal questions, but Storms should realize now a legal attack is not the best option.

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