Legal issues
1991 arrest
In July 1991, Reubens was arrested in Sarasota, Florida, for indecent exposure while watching a film at an adult movie theater.[89] During an unexpected police inspection, a detective detained Reubens, along with three others, as he was preparing to leave. When detectives examined his driver's license, Reubens told them "I'm Pee-wee Herman" and offered to perform a children's benefit for the sheriff's office "to take care of this."[90] The next day, after a local reporter recognized Reubens's name, Reubens's attorney extended the same offer to the Sarasota Herald-Tribune in exchange for withholding the story.[90] In 1971, Reubens had been arrested in the same county for loitering and prowling near an adult theater, though charges had been dropped. His second arrest occurred in 1983 when Reubens was placed on two years of probation for possession of marijuana, although adjudication was withheld.[48] On the night of the arrest, Reubens traveled to Nashville, where his sister and lawyer lived, and then to New Jersey, where he stayed for the following months at his friend Doris Duke's estate.[13]
The 1991 arrest was widely covered and Reubens became the subject of late-night talk show ridicule.[91] Disney-MGM Studios suspended a video from its studio tour that had shown Pee-wee explaining how voiceover tracks are produced. Toys "R" Us removed Pee-wee toys from its stores.[89]
Reubens released a statement denying the charges.[92] On November 7, 1991, he pleaded no contest. The plea avoided a charge on Reubens's record but obligated him to 75 hours of community service. As part of his service, he created, produced and financed two antidrug public-service announcements.[93]
Despite the negative publicity, many artists who knew Reubens, such as Cyndi Lauper, Annette Funicello, Zsa Zsa Gabor and Valeria Golino, voiced support.[39][89] Others who knew Reubens, such as Pee-wee's Playhouse production designer Gary Panter, S. Epatha Merkerson and Big Top Pee-wee director Randal Kleiser, also spoke in support.[28][39] Reubens's fans organized support rallies after CBS canceled the reruns, picketing in Los Angeles, New York, and San Francisco.[89][94] The television news magazine A Current Affair received "tens of thousands" of responses to a Pee-wee telephone survey in which callers supported Reubens by a nine-to-one ratio.[89]
Reubens did not offer interviews or appear on talk shows,[49][92] but he did appear as Pee-wee at the 1991 MTV Video Music Awards on September 5,[95] asking the audience, "Heard any good jokes lately?" He received a standing ovation. Reubens appeared as Pee-wee only once in 1992, when he participated in a Grand Ole Opry tribute to Minnie Pearl.[24][28]
2002 arrest
In November 2002, while filming David LaChapelle's video for Elton John's "This Train Don't Stop There Anymore", Reubens learned that police were at his home with a search warrant, acting on a tip from a witness in the pornography case against actor Jeffrey Jones,[96] finding among over 70,000 items of kitsch memorabilia, two grainy videotapes, and dozens of photographs that the city attorney's office characterized as a collection of child pornography.[2] Kelly Bush, Reubens's personal representative at the time, said the description of the items was inaccurate and stated the objects were "Rob Lowe's sex videotape, and a few 30- to 100-year-old kitsch collectible images."[97]
Reubens turned himself in to the Hollywood division of the Los Angeles Police Department (LAPD) and was charged with misdemeanor possession of obscene material improperly depicting a child under the age of 18 in sexual conduct.[98] The district attorney looked at Reubens's collection and computer and found no grounds for bringing any felony charges against him, while the city attorney, Rocky Delgadillo, formally charged Reubens on the last day allowed by statute.[99] Reubens was represented by Hollywood criminal defense lawyer Blair Berk.[100]
In December, he pleaded not guilty through Berk, who also complained that the city attorney failed to turn over evidence to the defense, to which City Attorney Richard Katz countered that prosecutors were not required to do so until after arraignment. Later, evidence was secured by the defense. Neither side disclosed its contents.[101]
One thing I want to make very, very clear, I don't want anyone for one second to think that I am titillated by images of children. It's not me. You can say lots of things about me. And you might. The public may think I'm weird. They may think I'm crazy or anything that anyone wants to think about me. That's all fine. As long as one of the things you're not thinking about me is that I'm a pedophile. Because that's not true.
Paul Reubens on the charges[30]
In March 2004, child pornography charges were dropped in exchange for Reubens's guilty plea to a lesser misdemeanor obscenity charge. For the next three years, he was required to register his address with the sheriff's office, and he could not be in the company of minors without the permission of their parent or legal guardian.[30]
Reubens later stated that he was a collector of erotica, including films, muscle magazines, and a sizable collection of mostly homosexual vintage erotica,[2] such as photographic studies of teen nudes.[30] Reubens said that what the city attorney's office viewed as pornography he considered to be innocent art, and that what they described as people underage engaged in masturbation or oral copulation was, in fact, a judgmental point of view. Reubens described the nude images as people "one hundred percent not" performing sexual acts.[30]
Being an avid collector, Reubens often purchased bulk lots, and one of his vintage magazine dealers declared that "there's no way" he could have known the content of each page in the publications he bought, and he recalled Reubens asking for "physique magazines, vintage 1960s material, but not things featuring kids".[2]