Candidate Wants Show Put on the Air

Bill Brennan is suing the township and William Paterson University for their refusal to broadcast a show he produces on public access television.

Brennan, who is running against incumbent Assemblyman Scott Rumana in the District 40 election, claims the township and university are violating his First Amendment rights by not airing “The New Jersey Civil Circus.” The program, which provides commentary on municipal politics, airs in dozens of municipalities in Bergen, Essex, Passaic, and Morris Counties.

“Many believe the First Amendment is the most important because it not only protects, but expects, vigorous debate on controversial issues,” said Donald Burke, Brennan’s attorney. “The defendants here have suppressed Mr. Brennan’s speech and this lawsuit seeks to rectify that.” The suit was filed in U.S. District Court in Newark. 

According to the complaint, Brennan wants to broadcast the show so the public can make informed decisions about topics such as “political corruption” and “governmental ethics.”

A township ordinance prohibits candidates from having a role in the production of a program that airs on the municipal cable service. The town council adopted the ordinance in 1994.

“A host/co-producer who becomes a candidate will not be permitted to have a role in the production of the program,” the ordinance states.

Brennan is seeking an injunction prohibiting the town and university from enforcing the ordinance, “declaratory judgment” that the ordinance is “factually void and unconstitutional,” and punitive damages.

Township attorney Matthew Giacobbe declined to comment.

Brennan is also suing university employees Sandra Miller and Brian Gorski for their refusal to air the program.

Brennan said that the ordinance only applies to channel 77 and does not mention channel 76, the channel that that William Paterson University broadcasts its shows on.

According to the complaint, Miller refused to air an episode of the show after Brennan declared his candidacy. Miller, director of instruction and research technology for the university, wrote Brennan a letter informing him of the decision.

Gorski, the head end engineer for the university, refused to air the same episode because it contained profanity and a telephone number and violated “general rules of conduct.” Gorski also said in an e-mail to Brennan that “the mentioning of a phone number is unacceptable as it would possible be considered not only public dissemination of private information, but also possibly a security concern.”

Miller declined comment. Stuart Goldstein, vice president of marketing and public relations for William Paterson University did not return phone messages seeking comment.