Robert Schiavelli, 42, was issued two summonses when his next-door neighbor complained he could hear his laughter from across the driveway.
“I didn’t know it was a crime to laugh out a window,” said Schiavelli, who lives with his mother in Rockville Centre.
He claims his neighbor Daniel O’Hanian often taunts him because of his disabilities, and he chooses to laugh it off. Schiavelli has frequent seizures and neurological impairments.
Each ticket he got, both for “disturbing the peace” on Feb. 12 and 13, carries with it a $250 fine or 15 days in jail.
He was charged with acting “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others.” Schiavelli’s lawyer Andrew Campnelli called the summonses “absurd.”
“My client faces 30 days in jail for laughing,” said Campnelli.
“The last time I checked, it was not a crime to laugh — except in Rockville Centre,’’ he added.
Judge William Croutier at Schiavelli’s arraignment Tuesday said he “was not so inclined” to dismiss charges. A return date has not been set.
Allegedly, the complaint comes after a years-long feud between Schiavelli, his mother Suzanne, and O’Hanian.
“What else are you supposed to do when someone calls you a retard?” asked Schiavelli, who graduated high school as a special-education student.
Source: NY Post