4/9/99 -- 1:20 AM

Judge refuses to end fly-in ban on publisher
By SARAH HUNTLEY and BILL HEERY of The Tampa Tribune


A federal judge Thursday refused to lift a ban prohibiting an aviation 
magazine publisher from attending the annual Sun 'n Fun Fly-In, which 
opens Sunday at the Lakeland Linder Airport. 

James R. Campbell, who publishes US Aviator from Winter Haven, filed a 
petition last week in circuit court in Bartow asking that a trespass 
warning against him be removed. 

Sun 'n Fun EAA Fly-In Inc. officials filed the trespass notice with the 
Lakeland Police Department. 

The fly-in's attorney, John Wendel of Lakeland, had the petition moved 
to U.S. District Court in Tampa because Campbell and his attorney, Dan 
Moody of Bartow, claimed the ban violated the constitutional right to 
freedom of
the press. 

U.S. District Judge Richard Lazzara ruled the court did not have 
authority to require a private corporation to allow someone onto its 
property. 

``If there's no state action, then I have no business being involved in 
this lawsuit,'' Lazzara said. 

Campbell claimed the ban was because of negative articles he has 
written about the fly-in and about the safety of experimental aircraft 
being sold at the event. 

But attorneys for the event's sponsors said their decision was based on 
Campbell's conduct, not his articles. 

``We believe Mr. Campbell is an unstable personality,'' said Wendel, 
who told the court there have been reports that Campbell bragged he was 
carrying a 9 mm pistol around his ankle. 

At a past fly-in, Wendel said, a participant accused Campbell of 
tampering with his airplane. 

Campbell denied the allegations and questioned the credibility of the 
sources. One is a convicted felon against whom he testified in federal 
court, he said. The other is a disgruntled former employee, he said. 

Moody argued that the organization could not prevent Campbell from 
attending the event, which is open to the public and relies upon 
runways funded with taxpayer dollars. 

The Federal Aviation Authority has a building on the property and hosts 
seminars as part of the event, and Lakeland police officers provide 
security, Moody said. 

Wendel told the judge the organization's lease with the airport gives 
it the sole authority to control access and security during the fly-in. 

Moody said after the hearing that Campbell has not decided whether he 
wants to appeal the ruling to the 11th Circuit Court of Appeals in 
Atlanta.