BY SANDY THEIS
Enquirer Columbus Bureau
COLUMBUS -- While still maintaining that Republican gubernatorial candidate Bob Taft's latest TV commercial is "misleading," a Franklin County judge on Tuesday lifted his order that blocked it from continuing to air.
Common Pleas Judge John Connor, a Democrat, said the temporary restraining order he issued Saturday served its purpose.
"The people know what the ad was and what the issue is and certainly the constitutional arguments have been fully and completely argued in the press and news media for the last two or three days."
Then he chided Mr. Taft and Democrat Lee Fisher for the recent onslaught of negative campaign commercials.
"I think the gubernatorial race in this campaign has reached a new low," he said from the bench. "If there is a low voter turnout, I think that this type of political campaigning that is going on today is going to be the reason for it."
Despite the judge's rebuke, the Taft campaign will continue to air the disputed commercial, said spokesman Brett Buerck.
The commercial uses a partial quote from an article in the Cleveland Plain Dealer that appears to defend Mr. Taft's record on taxes while a Hamilton County commissioner.
Lawyers for Mr. Fisher argue that the commercial violates Ohio's fraud law and leaves voters with a false impression.
To the Taft campaign, efforts to block the commercial are efforts to restrict his free speech. The campaign continues to maintain that the ad is accurate and said they have lined up experts in the field of journalism to testify on their behalf in further proceedings.
The Plain Dealer is siding with Mr. Fisher. In an editorial published Tuesday, the newspaper accused both candidates of playing to voters' fears but said the commercial relies on a quote taken out of context. "Taft should have known better," the editorial says.
Before deciding whether the case has merit, Judge Connor first must rule on the Taft campaign's motion, made Tuesday, that he step down. Taft attorneys noted that Judge Connor already has termed the ad "misleading," and said his comments reflect a possible bias.
On Sunday, Taft campaign manager Brian Hicks cited as possible evidence of the judge's bias a $125 donation that his campaign committee made to Mr. Fisher.
In open court Tuesday, Judge Connor explained that he disclosed the information to the Taft campaign and informed them that he was prepared to hear arguments about it prior to his ruling Saturday. He also said Mr. Taft's lawyers never raised the issue of the First Amendment.
Mr. Buerck, the Taft campaign spokesman, called the decision to lift the temporary restraining order "a vindication, pure and simple."
The court fight has sidetracked the campaign from talking about the issues people care about, he said. "They care about schools. They care about health care. They don't care about partisan bickering." When asked why Mr. Taft has run nothing but negative commercials since Sept. 18 -- rather than issue-oriented spots -- he replied: "We are talking about issues. The issue of the day is taxes. Taxes is an issue. You look at the American family today and 40 percent of the dollars they earn go to taxes. . . ."
So why do the Taft ads slam Mr. Fisher's plan to cut property taxes, rather than explain Mr. Taft's views on taxes, he was asked.
"We only have 30 seconds," he answered.
Alan Melamed, chairman of the Fisher campaign, noted that Mr. Taft has yet to even talk on camera in his own commercials.
"It's about time that Bob Taft come out of hiding," Mr. Melamed said. "If he thinks he's fit to be governor, let him stand toe-to-toe with Lee Fisher, let him talk in his commercials, and let the people of Ohio find out who he is because to this point, no one knows."
Mr. Buerck said that Mr. Taft will appear and speak in his commercials, but he declined to say when that would occur.
The Fisher campaign, meanwhile, unveiled a new spot Tuesday that opens with an announcer saying, "Don't believe Robert Taft." The commercial, which begins running around the state today, refers to the ad controversy but also promotes Mr. Fisher's plan to overhaul managed care.
It is unclear what impact the ad controversy or the negative campaign commercials are having on voters.
The latest Ohio Poll tracking survey shows that Mr. Taft leads Mr. Fisher 46 percent to 37 percent, with 14 percent remaining undecided. Support for both candidates dropped slightly from a September survey, while the number of undecided voters has grown.
Sponsored by the University of Cincinnati's Institute for Policy Research, the latest random survey included interviews with 405 likely voters. Conducted Oct. 2 though Oct. 7, it had a margin of error of plus or minus 4.9 percentage points.
