I agree that there have always been, and have to be, exemptions from codes for certain performers. Hockey players do things on the ice that would get them arrested outside the arena.
But that’s faculty lounge stuff. Earle’s “reasoning” is so close, yet ever so slightly off — just “off” enough that a judge will sniff, “Ignorance of the law is no excuse.”
Having been in this “business” for a few years now, I think I recognize the odor of “home made lawyering.” Going that route is a huge mistake.
So, frankly, is pro bono, unless your lawyer is a superdedicated genius who specializes in the field of law you need and is independently wealthy.
Pro bono sounds great, but you get what you pay for.
My (free) advice to Earle: you’ve got the bullheadedness. You’ve got supporters who are smarter, better connected and more talented than your detractors. You’ve got cosmically brilliant accidental timing, because the Tracy Morgan et al shakedowns are making news and pissing ordinary people (and other comics) off.
All that’s left for you to do is get a good specialist lawyer, and pay him to do your thinking for you.