Help! They've Arrested the Easter Bunny!

Cattaraugus County, New York, will not soon forget the Easter of 1992. That April, two tourists decided to explore the 17 counties of the Western District of New York. The decision was not as random as it may first appear. One of the tourists had recently been convicted of felony tax evasion. His probation limited his travel to that area of the state.

The morning of April 23, the men stopped for breakfast at a café in the “Enchanted Mountains” of Cattaraugus County. They noticed a little girl at the diner all dressed up “in her Easter finery.” They thought it would be fun to put on the “Easter Bunny” mask they happened to be carrying in their van to surprise the girl. One of them then donned the two foot tall rabbit head, peered into the café window, and waved at the child. Locals also spotted him looking into bank windows and windows of the police department while disguised as the Easter Bunny. Having had a look around, the tourists headed out for Chautauqua County, New York.

Back in the Enchanted Mountains, alarmed villagers alerted local law enforcement to the Easter Bunny and his “surveillance” of the bank and police department. Worried about potential bank robbers, Police Lieutenant Travis issued an all points bulletin on the tourists. He warned that they should be considered “armed and dangerous.” Later, Travis heard from the FBI that one of the men had been convicted of “some type of perjury” under Title 26 of the US Code. Having never heard of Title 26, Travis went to the library where he learned that it was the federal tax code.

Meanwhile, New York State Troopers spotted the van, surrounded it, and - with weapons drawn- arrested the tourists. They handcuffed them, threw them into the back of the patrol car, and hauled them and their rabbit’s head back to the Enchanted Mountains. There, the local police interrogated them for two and a half hours. At the conclusion of the “interview,” they had a good laugh and released the men. To the Easter Bunny, however, this was no laughing matter. The tourists sued the county and its officers, claiming that police had violated their civil rights.

The court said the police had no reason to arrest the tourists. No bank had been robbed. Nor had anyone attempted to rob a bank. True, the men had “looked around,” but they were tourists and that’s what tourists do. Looking around isn’t illegal, nor is wearing a fake rabbit head. The court said, “It is hard to imagine why a true potential bank robber would don such a bizarre, attention-grabbing mask” if he were about to rob a bank. The judge noted that when robbing a bank, “stealth is preferred.”

Clearly this judge hadn’t seen the 1991 movie Point Break featuring robbers who wore Nixon masks. How inconspicuous is a Nixon mask? Moreover, at least one of the tourists owed a lot of money to the IRS. He probably needed some quick cash. Yet, the judge ruled that the Rascally Rabbit and his friend could take their claims to the jury.

There are many questions left unanswered by this case. If they weren’t going to rob a bank, why were these guys driving around with a giant fake rabbit’s head in their van? Where was the rest of the costume? Also, the entire episode was triggered by a child wearing her “Easter” dress. But April 23, 1992, was the week after Easter. Why was the child so dressed up? Who wears a rabbit costume a week after Easter? I may have discovered the answers to these questions.

In addition to its natural beauty, Cattaraugus County is famous for its annual Pond Skimming Party. In the frigid spring weather, locals don various costumes, enjoy the Margarita Bar, and try to ski down a snowy hill fast enough for the momentum to carry them across a watery pond without sinking. In photos from last year’s event, I saw a few costumed kids racing downhill in the snow and falling into the freezing water. This may explain the Easter dress. (Apparently, the county has no Child Protective Services agency.) I didn’t see any rabbit costumes in the photos. Perhaps the Easter Bunny no longer comes to Cattaraugus County. My favorites were the three men in togas wearing Mardi Gras beads and huge feathery masks. It must have been impressive to watch them hit the water. Togas, feathers and beads probably went flying everywhere.

For some reason, no one told the court about the Pond Skimming Party. Had the officers mentioned it, they would have had even less reason to have arrested the tourists. They had argued that wearing a rabbit costume was suspicious and warranted the arrest. However, wearing a costume during pond skimming season is not suspicious at all. Had the tourists mentioned the party, they would have had to explain why they only had the rabbit’s head. Perhaps the rest of the costume is in the bottom of the pond along with the togas that didn’t make it across. Maybe driving after drinking Margaritas would have been a probation violation. We’ll never know.

From what I can tell, the case eventually settled out of court. The Pond Skimming Party continues to be a popular annual event in the Enchanted Mountains. But if you go, leave the rabbit costume at home. The Easter bunny is no longer welcome in Cattaraugus County.