Tampabay: Restraining order on reporter stands

Restraining order on reporter stands

A judge retains a temporary ban involving TV coverage of a man's DUI arrests.

By GRAHAM BRINK, Times Staff Writer

TAMPA -- A Hillsborough County judge has let stand a temporary restraining order against an investigative TV reporter, at least until a hearing next week.

County Judge Eric Myers said Thursday that the allegations in a temporary injunction against WFLA-Ch. 8 investigative reporter Steve Andrews were sufficient for now to rule against Andrews' motion to dismiss.

Andrews had done a series of stories involving the multiple arrests of Minh Ben Ross of Tampa. In applying for the injunction, Ross wrote that Andrews had stalked him and harassed him by asking "unwarranted questions." Ross wrote that he had lost sleep and was afraid to go outside.

Last week, Myers granted the temporary injunction forbidding Andrews from coming within 300 feet of Ross. The judge set an evidentiary hearing for Dec. 19 to hear from both sides.

In allowing the temporary injunction to stand Thursday, Myers said the law requires him to look at the statements in the injunction in a light most favorable to Ross until the facts are brought out at the evidentiary hearing.

"I feel a little better," Ross said. "I'll be able to get some sleep, at least for a few more days."

But Andrews' lawyer, Gregg Thomas, called the judge's decision a blatant infringement of First Amendment rights.

"Asking someone tough questions should not be enough to get an injunction taken out against him that surrenders some of his rights," said Thomas, who plans to file an emergency appeal with the 2nd District Court of Appeal today.

Andrews aired stories involving Ross' multiple DUI arrests and how Hillsborough County Judge Elvin Martinez tossed out crucial evidence against Ross at a trial. Ross still faces another DUI charge and a charge of aggravated battery on his pregnant wife.

Andrews and a cameraman approached Ross and his lawyer outside the courthouse last week and followed them a short distance when they refused to answer questions. A WFLA cameraman also filmed Ross driving when he reportedly had a suspended license.

Under Florida statute, there must be at least two alleged incidents of violence or stalking for a petitioner to be eligible for such an injunction.

Thomas argued in court Thursday that Andrews did not invade Ross' privacy, videotape him in his home nor physically assault him in any way. The videotape footage aired on the newscasts was all taken of Ross in public places, including outside the courthouse, Thomas said,

If subjects of news reports could get an injunction every time a reporter asked them repeated questions they felt were unwarranted, news gathering would dry up entirely, Thomas argued.

Earlier this week, Andrews called the injunction "ridiculous" and an affront to the First Amendment. He also questioned whether the judge had actually read it before signing it.

After Thursday's hearing he said Ross' lawyers are making the wrongheaded argument that "walking up to somebody and putting a microphone in front of them and asking questions borders on assault."

Ross' lawyers said it was not what Andrews asked but the way he asked it. Attorney Craig Huffman said Andrews "stalked" his client and was "laying in wait." He used words including "ambush" and "near assault" to describe Andrews' tactics.

Huffman argued that Andrews' status as a reporter should not allow him to circumvent the process by having the injunction dismissed before the Dec. 19 evidentiary hearing.

"Mr. Andrews is like any other citizen. He does not belong to a protected class," Huffman said. "He should be treated like any other citizen."

Huffman said he plans to ask the judge to order the news station to hand over unedited footage to examine the extent of Andrews' activities in reporting on Ross.

Huffman said the injunction prevents only Andrews from approaching Ross, not other reporters, so it should not have any chilling affect on the news gathering process. Huffman also pointed out that it is not unprecedented for citizens to file injunctions or restraining orders against members of the media.

"For years, (Jacqueline) Onassis had injunctions against various photographers," he said.

-- Graham Brink can be reached at 226-3365 or brink@sptimes.com .