Episode 0408 - "Oral Contracts" Denny deals with an attack of gas and constipation in a courthouse bathroom stall by humming, and tapping his feet. Unbeknownst to him these are signals used for soliciting gay sex, and he’s arrested. With Alan representing him, arresting Officer Whistler offers Denny a choice: make the charge go away by pleading guilty to disorderly conduct, or stand trial. Alan doesn’t hesitate: they’re going to trial. Denny is suddenly not so sure this is a good idea, but Alan’s firm. Radio shock jock Bob Binder asks Shirley to help him sue his former radio station after they fired him for saying on-air that old people should die. Because the station lost listeners and advertisers, Shirley knows it won’t be an easy case to win. Lewiston suggests that Denny take the plea deal, because a conviction at a very public trial could be enough to get Denny fired. Denny feels that the trial is worth the risk because he has to protect his heterosexual legacy. Representing the radio station is Bethany Horowitz. She and Shirley exchange barbs until Judge Victoria Thomson brings the case to order. Katie questions Lorraine because she’s sure she knows her from London... but Lorraine denies it.
The station manager, Guy Flanders, insists that Binder’s firing was all about business and loss of revenue. Shirley believes it’s odd that a political commentator should be fired for a political comment. Alan and Denny are not pleased to learn that “formerly” gay judge Clark Brown will proceed at their trial. ADA Norman Wilson represents Massachusetts. When Alan fails to get the charge dismissed at the arraignment, Alan wonders if Denny should accept the plea deal. Denny insists that they go to trial... and that Alan win. Binder testifies that he was trying to raise national awareness of the fact that the number of baby-boomers will double during the next twenty-five years, and the bulk of our Federal budget will be used to support them. Bethany, Shirley, and Judge Thomson bicker back and forth during the proceedings, with the Judge making fun of Bethany’s small stature. Katie tells Whitney her suspicions about Lorraine. She thinks she even detects an English accent on her. Alan argues that the police didn’t wait for money to be exchanged before they arrested Denny, so they can’t prove solicitation. He asks that the charges be dismissed, but Judge Brown denies the request.
Whitney snoops around, and discovers that there is no record of Lorraine attending the law school from which she claims to have graduated. There’s no record of her at all before 1999. Alan and Sack are worried because it’s clear that Denny will have to take the stand, and that’s always risky. Bethany closes. Her main defense is that Binder crossed the line on the air, so the firing was strictly a business decision. Shirley closes, stressing that it’s a free press in America, and that we need journalists to speak the truth. Are we really okay with a man being fired from a news talk-show for expressing a political idea? Katie confronts Lorraine with the facts she knows, and Lorraine confesses her secret. She married a Pakistan man in London twelve years ago. She cheated on him, and he found out about it. Her lover died in an automobile accident… that wasn’t an accident. In fear of her life she changed her name, and came to Boston. She knows her ex-husband is still looking for her. She asks Katie not to tell anyone, especially Alan.
Denny testifies, in embarrassing detail, about his gas attack. He stresses that although he’s often had straight sex in bathrooms, he’s not gay. ADA Wilson surprises him by asking about his sleepovers with Alan, and their special time on the balcony. Denny defends it as male bonding. To Bethany’s dismay Judge Thomson finds for Binder. Bethany expresses her displeasure to the judge, and ends up in jail for contempt. Alan reminds the court of all the crimes the sitting Congress has been accused or convicted of. He stresses that Denny simply had constipation, and there was no exchange of money. Katie tells Whitney Lorraine’s secret, and Whitney worries that the ex-husband will blow up the building. Denny fears that if he’s shown in court to be gay, he’ll have to un-register as a Republican. To his relief the jury finds him not guilty. On the balcony Alan suggests that women drop their defenses around gay men. Denny could have used that to his advantage. Denny considers it. They discuss the evil they’ve done, and their impending death; but they decide that the worse that can happen is to end up soulmates in hell, so death isn’t so scary.