Comedian Lenny Bruce and Howard Solomon, manager of the Cafe Au Go Go, 152 Bleecker Street, where Bruce is heading the bill, were arrested and taken to Sixth Precinct headquarters on Charles Street last Friday night. They were booked on charges of giving an “indecent performance.” On arriving at the police station, Solomon was served with a summons from the License Department.
The arrests were made at about 10 p.m. as Bruce was preparing to go on for his only show of the night. When he failed to appear most of the audience asked for their money back and left. Comedian Irwin Corey, who was in the audience, went on in Bruce’s place.
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Bruce and Solomon spent the night in jail and were released after arraignment the next day. Solomon was released in the recognizance of his lawyer. Bruce, who has been arrested on obscenity charges in several cities and has one conviction on appeal in Chicago, had to post $1000 bail.
The two were told that the police had taped two of Bruce’s shows, his second show last Wednesday night (which actually began at 12:01 a.m. Thursday) and his first show last Thursday night. They were also told that the tapes had been played for a grand jury, which found that there was sufficient on which to charge them.
Solomon says the police told him that the original complaint about Bruce’s performances had come from the License Department. Acting License Commissioner William Barlow refused to comment on this. Instead he issued the following statement: “In view of the fact that a hearing is scheduled before this office on Thursday, there will be no comment on any phase until a determination has been made. We do not want to prejudice the case in any way by making any comment.”
Solomon had originally planned to operate the Cafe Au Go Go as a cabaret (which would permit dancing as well as entertainment) without liquor. He told The Voice that the License Department had indicated that he would receive a cabaret license and that he had proceeded with the renovation of the basement premises on the assumption that the license would be granted. He said his application had been filed last May, and that in December the License Department told him it would only grant him a coffee house license, which does not permit dancing.
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Bernard O’Connell, then License Commissioner, refused the license on the grounds that if dancing were permitted and no liquor were served, minors could be admitted and that they would go there to dance and then hang around until all hours of the night. Solomon told The Voice, however, that he had made it clear to the License Commissioner that he would “Abide by the letter of the law” governing cabarets and would not allow minors into his cafe unless they were accompanied by adults. He finally opened Cafe Au Go Go as a coffee house on February 7.
Solomon also pointed out that Bruce had appeared at the Village Vanguard last January and February and that he had given one-night performances to sell-out audiences at the Village Theatre, Second Avenue and Sixth Street, on Thanksgiving Night and the night of March 28. Neither of these establishments received complaints from either the police or the License Department.
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Bruce and Solomon will be tried on April 23 in Criminal Court. Ironically, Bruce’s arrest will serve to extend his run at Cafe Au Go Go, which was originally scheduled for one week and would have ended Sunday night. Since he has to be in town for his trial on the 23rd, he will go on performing at the Au Go Go until that date.
An Emergency Committee Againt Harassment of Lenny Bruce was formed over the weekend as a result of the arrest. The committee is circulating petitions addressed to Mayor Wagner. The petitions charge “that ‘obscenity’ has become a cudgel against free speech and only encourages intimidation of performers and their public.”