D.A. says access channel video not obscene

06:02 PM CDT on Tuesday, July 12, 2005

By Amy Tortolani / 11 News

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Houston City Council members got an earful Tuesday from supporters of the city's access channel.

KHOU-TV

The D.A.'s office ruled that no state laws were broken by a controversial access channel program.

Questionable programming has put the channel's future in jeopardy.

One day before Houston City Council is to vote on Houston Media Source's contract, debate over what can air on the access channel continues.

Critics called a recent tape that aired on the public access channel distasteful because it showed graphic full frontal nudity.

The Harris County District Attorney Chuck Rosenthal said the video did not violate any state laws.

"They determined that it did not meet the statutory definition of obscene," says Rosenthal. "A big portion of the definition has to do with contemporary moral standards."

But questions remain. Should this public access channel be censored?

"I think somebody at HMS should review a tape before it goes on because it could even be ... there are dangerous topics, there's sexually-explicit topics. There could be some damage done by broadcasting this into people's homes," says council member Michael Berry.

"[If you] shut down HMS, you're shutting down opportunities not only for myself, but for youngsters and people like myself," says HMS producer Katrecia Johnson.

Houston Media Source asked the D.A.'s office if it would review other tapes to determine if they violated any laws. The D.A's office declined stating that, "it does not give opinions."

Wednesday the City Council will give its opinion on whether it should renew the contract of HMS.