Family seeks to block press' view of Elian

The Miami Herald
February 1, 2000

Family seeks to block press' view of Elian

BY ANA ACLE

After nine weeks of intense media coverage, the family caring for Elian Gonzalez
in Miami has asked the cameras to back away and give the boy privacy, hoping
the public will do the same.

``We don't want tourist buses to go by the house,'' family spokesman Armando
Gutierrez said Monday, the day The Herald printed a story about tourists
photographing Elian's home. ``This is a child, not a tourist attraction.''

To further ensure some privacy, the family began installing a six-foot-high wooden
fence to block the view to the backyard of the Little Havana home. Photographers
usually stand at the fence of the home and take photos of the boy as he plays in the
backyard.

Meanwhile, U.S. government lawyers on Monday again asked U.S. District Judge
William Hoeveler to expedite the schedule of hearings in the case, and requested
that the judge move the entire case to his new Feb. 22 hearing date.

While the family does not have a permit for the fence, Gutierrez said they
consulted with an architect, who said a permit is not needed for anything that
costs less than $250. The fence costs $150, he said.

Frank Rollason, director of the Miami Building Department, said the cost
threshold is actually $500, but the fence still must conform to the city code. An
inspector will look at it today.

ELIAN'S REACTION

The media intrusion, Gutierrez said, is beginning to bother Elian. He clings to
cousin Marisleysis Gonzalez, and the family had a psychologist visit the boy
Monday, the family spokesman said.

The announcement Monday was not well received by TV and newspaper
reporters. Television is beginning the February sweeps, a 28-day period when
viewership is measured to set future advertising rates.

But the press had already begun reducing its coverage on its own, now that
Elian's grandmothers have returned to Cuba.

``Channel 10 will continue to cover the story and at the same time respect the
family's request for privacy,'' said Bill Pohovey, news director for WPLG-Channel
10.

Pohovey said his station has not been at Elian's house around-the-clock. But he
said the station will continue to cover news developments.

His comments were echoed by Alice Jacobs, vice president of news for
WSVN-Channel 7, which has not camped out at the house regularly.

``It's very hard to put a story in the media spotlight and then take it out,'' Jacobs
said. ``This is a big international story. You can, though, respect their privacy on
days where there is not a big issue being decided.''

ROLE IN COVERAGE

Gutierrez acknowledged that the press' role may have protected Elian from being
deported. The publicist himself has played a significant role in coverage,
appearing on Radio Mambi 710-AM morning shows, talking with Channel 7 live
while traveling to meet the grandmothers at Kendall-Tamiami Executive Airport,
and putting the boy on a live telephone interview with the radio station right after
the visit with the grandmothers. Elian then said on radio: ``Tomorrow, I'm going to
become a citizen.''

At La Carreta restaurant in Little Havana, Gutierrez asked the media to move
away from the front of the home to the street corner -- at least until the scheduled
Feb. 22 court hearing before Judge Hoeveler, who will consider the family's
challenge to the immigration ruling.

Gutierrez asked that the coverage be limited to one television camera and one
still photographer.

The media have documented Elian's every move -- day and night -- since he was
found clinging to an inner tube Thanksgiving Day.

In their court filing Monday, U.S. government lawyers contended that their
300-page response to the lawsuit contains all the documents and information
Hoeveler needs to make a ruling. Originally, the judge had said he would hear the
arguments March 6, but he later moved up the date.

LEGAL ISSUE

In a three-page filing, the government contends that the judge should deny the
Miami family's request for discovery -- the process that would allow them to
demand government documents on Elian's case -- because the questions before
him turn on purely legal arguments and do not require extensive fact-finding.

Lawyers for the Miami family did not return a phone call seeking a response.
Gutierrez said he could not comment because Hoeveler told participants in the
case not to speak to the media.

Herald staff writer Andres Viglucci contributed to this report.