CABLE APPEARANCES LIMITED TO DEBATES.

Byline: Rachel Uranga Staff Writer

SAN FERNANDO - Pressured by an ACLU opinion saying it acted illegally, the City Council on Tuesday voted to modify a ban on council members from appearing on some cable television programs during the campaign season.

Under the new policy, approved by a 4-1 vote, with Mayor Maribel de la Torre abstaining, candidates are restricted from appearing on city-sponsored cable access channels ahead of the March 8 municipal election, unless it is a candidate forum or a debate.

The original policy, proposed by Councilwoman Julie Ruelas, stated no candidates shall appear on ``any Time Warner program,'' the cable company serving the city. Ruelas - who is not a candidate - said she was trying to limit an unfair advantage for incumbents who are more likely to appear on shows that feature city activities, such as the city's annual parade.

But the mayor - who is running with five others for two council seats - said even the city's modified ban on television coverage was too restrictive and threatened to sue to overturn it.

``This is a restriction of my first amendment right to free speech,'' she said. ``It doesn't allow me to continue my duty as a mayor to represent and educate the city.''

The original ban, approved two weeks ago, immediately attracted criticism from the American Civil Liberties Union, which called it an ``outrageous'' free-speech violation.

The Chamber of Commerce - who along with the San Fernando Sun news weekly won approval for a broadcast candidate's forum Tuesday - also questioned the original ban.

``The entire business community is not happy with the decision to not allow candidates on the public access,'' said Ed Banuelos, chair of the Northeast San Fernando Valley Chamber of Commerce.

But Councilwoman Nury Martinez, who supported the original policy, said the new policy has been taken out of context.

``People misunderstood the intentions of the rule,'' she said, explaining that it was meant to even the playing field. A candidates' forum would be more than welcome, she said.

Allowing a candidates' forum to be broadcast would be ``a major step in the right direction,'' said Peter Eliasberg, a First Amendment lawyer for the ACLU. Without the changes, the modified rule sits in a gray area of the law, he said.

Before the campaign season officially kicked off two weeks ago, de la Torre and Councilman Jose Hernandez - both running for re-election - often appeared on the city run cable access Channel 36. The channel, which airs on Time Warner's network in San Fernando, broadcasts continual reruns of four original city programs daily between 9 a.m. and midnight.

Rachel Uranga, [phone]

rachel.uranga(at)dailynews.com