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Good
'Gag' Rule
By Devin Smith
New York Post
February 9, 2005
A
couple of jokers from Long Island got the last laugh yesterday after
a grand jury dismissed charges they had caused a disturbance when
they told lawyer jokes in front of an attorney.
Harvey Kash, 70, testified
before the grand jury that he was expressing his First Amendment
rights when he shared a few choice judicial gags with his friend
Carl Lanzisera, 65, as they stood on line last month waiting to get
into the Nassau County courthouse.
MOCK TRIAL: Carl Lanzisera
(left) Court
officers claimed the two men had been
and Harvey Kash won their right
been abusive when they
repeated an old
to have a sense of humor.
courthouse
chestnut about the legal profession's
Photo: Veronique Louis
propensity for fibbing.
"How do you tell when a
lawyer is lying?" Kash had asked Lanzisera.
"His lips are moving," came
the answer, and the pair howled in unison.
The two men founders of
Americans for Legal Reform said a lawyer in line ahead of them
told them to "shut up" and reported them to court officers, who
promptly arrested them.
Kash and Lanzisera, both of
Huntington, said their group used confrontational tactics to urge
greater public access to the courts.
"I'm a free man," an
ecstatic Kash told The Post after the case was thrown out. "We beat
'em! The First Amendment is alive and well!"
Kash said he was unbowed by
the hassle and vowed to continue.
"I'm going to keep telling
those lawyer jokes 150 percent," he said.
Other zingers in the Kash &
Lanzisera repertoire:
Q: What do you say to a
lawyer with an IQ of 50?
A: Good morning, Your
Honor.
Q: Why do they bury lawyers
100 feet into the ground?
A: Because down deep,
they're good people.
Q: What's the difference
between a vulture and a lawyer?
A: Wing tips.
Kash's affable attorney,
talk-show host Ron Kuby, said the grand jury's punch line had
tickled his client's funny bone.
"It's still legal in
America to tell jokes even about lawyers," Kuby said.
"Maybe they'll have to put
Lanzisera in a federal jokesters protection program, give him a new
identity in Las Vegas, perhaps at some comedy club."
Punch
Line for Jokester: No Indictment by Grand Jury
By Bruce Lambert
New York Times
February 8, 2005
GARDEN CITY, N.Y., Feb. 7 -
A sidewalk comedian won over his toughest crowd yet on Monday when a
grand jury declined to indict him on charges filed after he and a
friend told lawyer jokes outside a courthouse, his lawyer said.
The man, Harvey Kash, and
the friend, Carl Lanzisera, were doing their routine last month
while waiting in line outside Nassau County's First District Court
in Hempstead when one bystander, who identified himself as a lawyer,
complained. Court officers, who were also not amused, clapped
handcuffs on the amateur comics and charged them with disorderly
conduct.
The men complained that
their constitutional right to make fun of lawyers was being
violated, and the case drew international attention.
The radio talk show host
Ron Kuby, himself a lawyer, defended the pair at no charge. "Of all
the places that you would cherish freedom of speech, surely one is
in the shadow of a courthouse," he said.
Mr. Kash, 70, and Mr.
Lanzisera, 65, Huntington residents who are active in Americans for
Legal Reform, a group that for years has criticized lawyers and
courts, said their case was an example of the legal system's
excesses.
A grand jury investigation
into a offense like disorderly conduct, which technically does not
qualify as a crime, is unheard of, Mr. Kuby said.
The authorities dropped
charges against Mr. Lanzisera and required him to testify, and Mr.
Kash waived immunity from prosecution and also testified. Mr. Kuby,
who accompanied Mr. Kash before the grand jury, said, "The
prosecutor was extremely evenhanded, and the grand jury was
remarkably independent."
After a day of secret
testimony in the Nassau County Courthouse here, Mr. Kuby said the
authorities had told his office that the grand jury had declined to
indict Mr. Kash. A spokeswoman for Denis E. Dillon, the Nassau
County district attorney, said she could not comment because the
proceedings were confidential. She said an announcement would be
made in court on Tuesday.
Mr. Kuby said, "What are
they going to do, put Harvey in an undercover jokester protection
program and relocate him to Vegas?"
No
Joke: Jesters Appear Before Grand Jury
Say They Were
Expressing 1st Amendment Rights
By Zachary R. Dowdy
Long Island Newsday
February 8, 2005
New
York - The legal reform advocate arrested last month after telling
jokes about lawyers outside a Hempstead courthouse Monday told a
Nassau grand jury that he and his partner were expressing their
First Amendment rights when an attorney demanded their arrest.
Harvey Kash, left, and
"I have a clear conscience,"
said Harvey Kash, 70,
Ronald Schoenberg
of Huntington, co-founder of
Americans for Legal
Reform. "I did nothing wrong
except tell a few lawyer jokes."
Kash and his law partner, Carl Lanzisera, 65, of Huntington appeared
before 23 grand jurors assembled by the Nassau County district
attorney's office to investigate a disorderly conduct charge filed
against Kash in connection with the two men's Jan. 12 arrest at
First District Court in Hempstead.
Charges against Lanzisera were dropped a few weeks after the
incident. Kash still faces charges that are punishable by up to 15
days in jail.
Monday, Lanzisera, who was subpoenaed by the district attorney, said
he was asked about 100 questions, ranging from, "How loud was Kash
speaking?" to, "How many people were on the line?"
He said the grand jurors and prosecutor, Assistant District Attorney
Frank Lanzo, focused most of their questions on Kash's behavior.
They even asked which jokes got under the attorney's skin.
Lanzo could not be reached for comment.
"It was some experience," Lanzisera said, half-jokingly. "Everybody
should do it."
Kash's attorney, radical radio personality Ronald Kuby of Manhattan,
said Kash read a statement outlining his role in the affair as well
as a biography that detailed his military service and life as a Long
Island resident.
"I thought it went very, very well," Kuby said.
Ronald Schoenberg, a Mineola-based attorney and former deputy chief
prosecutor who now represents Lanzisera, said he has never seen a
district attorney's office convene a grand jury to investigate a
charge that is just a violation, not a crime.
Kash said the pair may have been targeted because of their activism.
"I think we were singled out when they found out who were were," he
said after testifying.
Lawyer-joke Pair in Court
Devin Smith
New York Post
February 8, 2005
Two senior citizens busted
last month for telling lawyer jokes outside a Long Island courthouse
appeared before a grand jury yesterday.
Harvey Kash, 70, and Carl
Lanzisera, 65, tried to keep their sense of humor about the
disorderly-conduct charge that could land Kash behind bars for up to
15 days.
Prosecutors dropped the
same charge against Lanzisera late last month, but he was also there
to testify before the grand jury.
On Jan. 10 the two friends
self-styled activists who founded a group called Americans for
Legal Reform told their jokes outside federal court in Hempstead.
A lawyer standing in line
told the pair to "shut up" then complained about them.
Celebrity
NY Lawyer Offers
to Represent Pair Arrested Over Lawyer Jokes
New
York Lawyer
January 14, 2005
By The Associated Press
NEW YORK -- A pair of
senior citizens arrested for telling lawyer jokes at a Long Island
courthouse have a new attorney who shares their sense of humor: Ron
Kuby.
Kuby, the radical lawyer
and morning radio show host, volunteered on the air Thursday morning
to handle the case of Harvey Kash and Carl Lanzisera without charge.
The pair, in a phone call to WABC-AM radio during the Curtis and
Kuby show, accepted his offer.
Kuby wasted little time in
raising the possibility of a civil suit for wrongful arrest on
behalf of the pair, who were charged with disorderly conduct after
their arrests Monday in a Hempstead courthouse. A spokesman for the
Nassau County courts said their behavior was "abusive."
"This case shouldn't even
get to court, but after all, we are dealing with lawyers here," Kuby
said after the program. "It's like the joke, `What do you say to a
lawyer with an IQ of 50? Good morning, your honor."'
Kash, 69, and his
65-year-old pal founded a group called "Americans for Legal Reform,"
which uses confrontational tactics to urge greater public access to
the courts. They claim the arrest violated their First Amendment
rights.
Lanzisera -- egged on by
Kuby and partner Curtis Sliwa -- used his radio appearance to tell a
few more lawyer jokes.
Kuby said he was already
working on his opening statement for the pair's scheduled Feb. 8
court appearance: "Judge, take my clients -- please."
Tell
a Lawyer Joke, Go to Jail?
Pair Arrested
Outside Long Island Courthouse
The Associated Press
January 12, 2005
HEMPSTEAD, N.Y. - Did you
hear the one about the two guys arrested for telling lawyer jokes?
It happened this week to
the founders of a group called Americans for Legal Reform, who were
waiting in line to get into a Long Island courthouse.
"How do you tell when a
lawyer is lying?" Harvey Kash reportedly asked Carl Lanzisera.
"His lips are moving," they
said in unison.
While some waiting to get
into the courthouse giggled, a lawyer farther up the line Monday was
not laughing.
He told them to pipe down,
and when they did not, the lawyer reported the pair to court
personnel, who charged them with disorderly conduct, a misdemeanor.
"They just cant take it,"
Kash said of lawyers in general. "This violates our First Amendment
rights."
Dan Bagnuola, a spokesman
for the Nassau County courts, said the men were "being abusive and
they were causing a disturbance." He said he did not have the name
of the lawyer who complained.
Americans for Legal Reform
monitors the courts and uses confrontational tactics to push for
greater access for the public. The pair said that for years they
have stood outside courthouses on Long Island and mocked lawyers.
On Monday, however, Kash
said he was due in court to answer a drunken driving charge from a
year and a half ago. The men are due back in court on the disorderly
conduct charge next month.
Pair Arrested
After Telling Lawyer Jokes
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B y
Zachary R. Dowdy
Newsday
January 12, 2005
HEMPSTEAD NY - The line
leading into First District Court in Hempstead Monday morning was
long and frustrating, but it was the punch line in a lawyer joke
that got two rabble-rousing comedians arrested.
"How do you tell when a lawyer is lying?" Harvey Kash, 69, of
Bethpage, said to Carl Lanzisera, 65, of Huntington, as the queue
wound into the court. "His lips are moving," they said in unison,
completing one of what may be thousands of standard lawyer jokes.
But while that rib and several others on barristers got some giggles
from the crowd, the attorney standing in line about five people
ahead wasn't laughing.
" 'Shut up,' the man shouted," Lanzisera said. "'I'm a lawyer.'"
The attorney reported Kash and Lanzisera to court personnel, who
arrested the men and charged them with engaging in disorderly
conduct, a misdemeanor.
"They put the handcuffs on us, brought us into a room, frisked us,
sat us down and checked our driver's licenses to see if there were
any warrants out for our arrest," Lanzisera said yesterday. "They
were very nasty, extremely nasty."
The men are founders of Americans for Legal Reform, a group of
outspoken advocates who use confrontational tactics to push for
greater access to courts for the public and to monitor how well
courts serve the public. One tactic is driving a truck around the
Huntington area emblazoned with the slogan "Stop The Lawyer
Disease." They said their rights to free speech were violated
Monday.
But Dan Bagnuola, a spokesman for the Nassau courts, said the men
were causing a stir and that their exercise of their First Amendment
rights to free speech was impeding the rights of others at the
court.
"They were being abusive and they were causing a disturbance,"
Bagnuola said. "They were making general comments to the people on
line, referring to them as 'peasants,' and they were causing a
disturbance. And they were asked on several occasions to act in an
orderly manner, not to interfere with the operation of the court."
Bagnuola said he did not have the name of the lawyer who complained
to officers.
Kash said he and Lanzisera were merely saying out loud that the
public was being treated like peons or peasants while attorneys, who
wave their security passes to court officers and don't have to stand
on line, are treated like kings.
"I'm not surprised this happened because anybody who stands up for
their rights is put down because these people want only one thing,
and that is control," Kash said.
The men were given desk appearance tickets and are due back in court
- as defendants - next month.
Court jesters
Harvey Kash and Carl Lanzisera poked fun of lawyers while in line at
First District Court in Hempstead yesterday - but court officers
weren't laughing. Here are some of the jokes that got them in hot
water:
Q: What do you say to a lawyer with an IQ of 50?
A: Good morning, Your Honor.
Q: How do you tell if a lawyer is lying?
A: His lips are moving.
Q: Why do they bury lawyers 100 feet into the ground?
A: Because down deep, they're good people.
Q: What's the difference between a vulture and a lawyer?
A: Wing tips.
http://www.newsday.com/news/local/longisland/ny-lijoke124112175jan12,0,2936521.story?coll=ny-topstories-headlines
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