Electronic Music Defense and Education Fund
1. Federal Bill HR3782: Prison Time for Promoters
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1. Federal Bill HR 3782: Prison Time for Promoters
EM EF is extremely concerned about legislation introduced in the U.S.
House that would hold "entertainment event" promoters criminally liable
for the illegal conduct of event attendees. Under the new law, anyone
who promotes an entertainment event "that takes place under
circumstances where the promoter knows or reasonably ought to know" that
illegal drugs will be sold or consumed could be sentenced to up to 9
years in federal prison. Substance abuse is a societal problem that
knows no boundaries and EM EF is concerned that this law could be used
to prosecute the promoters of any well attended entertainment event
whether it be a rave, a concert, a major league sports game, or even a
high school dance. EM EF is also concerned that this legislation would
make event promoters less likely to allow drug prevention organizations
and harm reduction groups distribute their information inside an event
for fear of self-incrimination.
SEC. 305. LIABILITY OF PROMOTERS OF DRUG-ORIENTED
ENTERTAINMENT.
(a) IN GENERAL. - The Controlled Substances Act is
amended by inserting after section 416 (21 U.S.C.856)
the following new section:
"SEC. 416A. PROMOTERS OF DRUG ORIENTED ENTERTAINMENT.
"Whoever knowingly promotes any rave, dance,
music, or other entertainment event, that takes place
under circumstances where the promoter knows or reason-
ably ought to know that a controlled substance will be
used or distributed in violation of Federal law or the law
of the place were the event is held, shall be fined under
title 18, United States Code, or imprisoned for not more
than 9 years, or both."
HR 3782 is sponsored by Congressman Doug Ose of California and is also
known as the "Clean, Learn, Educate, Abolish, Neutralize, and Undermine
Production (CLEAN-UP) of Methamphetamines Act of 2002." This legislation
has been introduced to a number of committees and subcommittees in the
House and already has 42 co-sponsors.
For more info on HR 3782 please visit: http://www.emdef.org/laws_and_cases.html
2. California AB1941: Denying Permits for Clubs, Concerts, and Raves
Legislation has been introduced in the California Assembly that would
add new requirements to the already complex event permitting process.
California AB1941 would require that local law enforcement be notified
before any agency issues a permit for any dance event that could be
attended by more than 1,000 people, and furthermore, that event
promoters "present evidence... that the promoter is sufficiently
knowledgeable about illegal drugs and drug paraphernalia."
California AB1941 would add the following section to the California
Government Code:
Section 53087.6.
(a) As used in this section, "rave party" means any dance
event that may be attended by 1,000 or more persons.
(b) Any local permit granting authority shall notify the
local law enforcement agency having jurisdiction over the
proposed location of the event when it is considering
whether or not to grant a permit for a rave party. The
permit granting authority shall also require the promoter
of the event to present evidence before the issuance of
the permit showing that the promoter is sufficiently
knowledgeable about illegal drugs and drug paraphernalia
that they or their agents can recognize the presence of
drugs and drug paraphernalia at the event.
EM EF has a number of concerns about this legislation as written,
including:
- The term "evidence" is not objectively defined. What type of
"evidence" would be acceptable?
- The term "sufficiently knowledgeable" is not an objective standard,
therefore how can a promoter PROVE that he or she is "sufficiently
knowledgeable"?
- What is considered "drug paraphernalia"? DEA Administrator Asa
Hutchinson recently testified in front of the Senate Caucus on
International Narcotics Control that "Paraphernalia used at rave parties
include menthol nasal inhalers, Vicks Vapor Rub, eye drops, surgical
masks, and glow sticks; as well as expensively priced water, juice,
sports drinks, and soft drinks..."
- The subjective wording of this bill and the fact that there is no
specified formal procedure for the issuance of permits creates a
potential for discrimination. EM EF fears that promoters of electronic
music events will be scrutinized more than promoters of "mainstream"
dance events.
For more info on California AB1941 please visit: http://www.emdef.org/laws_and_cases.html
3. A.C.L.U. Drug Policy Litigation Project Report of Activities
The American Civil Liberties Union (ACLU) Drug Policy Litigation
Project's "Report of Activities 1999-2001" is now available online.
Graham Boyd, Director of the ACLU Drug Policy Litigation Project (DPLP),
along with his staff, have led the fight for raver's rights and civil
liberties in federal court. In the New Orleans State Palace Theatre
case (US v. Brunet) the DPLP played an important role by assisting in
drafting constitutional arguments against the prosecution of promoters
under the "crack house" law. The DPLP was also responsible for the
lawsuit on behalf of ravers and performers (McClure v.Ashcroft) that
overturned the ban on glow sticks, pacifiers, and other items of "rave
culture" that were banned from the State Palace as part of the plea
arraignment in US v. Brunet.
Read the DPLP's "Report of Activities 1999-2001": http://www.aclu.org/issues/drugpoli..._Report2001.pdf
4. Rabbit in the Moon live at the State Palace Theatre
See pictures of the band who sued the U.S. government in McClure v.
Ashcroft and won! On February 9th, 2002, eight days after their
courtroom victory, Rabbit in the Moon, armed with several thousand
"chemical light sticks," took the stage at the State Palace Theatre
where they played to a packed house.
Visit EM EF's Multimedia Library for Rabbit in the Moon photos: http://www.emdef.org/library_multimedia.html
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EM:DEF
4/05/02
April 5th, 2002 EM EF Newsletter
2. California AB1941: Denying Permits for Clubs, Concerts, and Raves
3. A.C.L.U. Drug Policy Litigation Project Report of Activities
4. Rabbit in the Moon live at the State Palace Theatre
(see http://www.usdoj.gov/dea/pubs/cngrtest/ct120401.html)