Rave Glow sticks and the Amber Alert Bill signed : Cleveland IMC (((i)))

Bush to sign crime bill widening drug law

New Orleans rave prosecution helped spur provision Tuesday
April 29, 2003
By Bruce Alpert - Washington bureau

WASHINGTON -- President Bush is expected to sign into law this week a far-reaching crime bill that includes a controversial provision making it easier for federal prosecutors to hold music promoters and property owners criminally responsible when they knowingly allow their venues to be used for illegal drug use. A White House spokesman said the measure, part of legislation expanding the Amber Alert system aimed at catching child abductors, will be signed Wednesday. The bill passed the Senate and House earlier this month with support from the entire Louisiana congressional delegation.
The drug provision was added by Sen. Joseph Biden, D-Del., whose spokesman said he was motivated in part by the prosecution two years ago in New Orleans of local promoters of all-night dance parties known as raves. Then-U.S. Attorney Eddie Jordan alleged that the raves included rampant drug use. The prosecution resulted in a plea bargain, but some civil liberties groups questioned whether Jordan, now New Orleans district attorney, had gone too far in using a 1986 law targeting crack houses to stop the flow of drugs, particularly Ecstasy, at the all-night dance parties. The Biden spokesman said the senator's bill leaves no doubt about congressional intent. "The reason I introduced this bill was not to ban dancing, kill 'the rave scene' or silence electronic music -- all things of which I have been accused," Biden said in a floor speech. "In no way is the bill aimed at stifling any type of music or expression; it is only trying to deter illicit drug use and protect kids." But Joe Cook, executive director of the American Civil Liberties Union of Louisiana, said that discouraging free expression is exactly what will happen when the Biden provision becomes law. "What this bill that is about to become law does is threaten free speech," Cook said. "I expect that it will make some owners afraid to rent or lease spaces for events that they perceive rightly or wrongly will attract drug use." Cook said law enforcement ought to go after those who sell or use dangerous drugs, not those who host an event where some drug use occurs. Under the Biden proposal, the 1986 crack house law will be expanded to include properties used or rented for one-time events, such as concerts or dances. It will allow prosecutors to seek prison terms and civil fines of up to $250,000 for property owners and event promoters who sponsored events in which drug use was encouraged. "Enacting this legislation will help prosecute unscrupulous promoters who seek to profit from exploiting and endangering young lives," Biden said when he introduced the legislation earlier this year. "This law is not aimed at one type of event or drug. However, one problem we are currently facing nationwide involves so-called 'club drugs' and raves." Biden said the Partnership for a Drug Free America found that teenagers who attend raves are seven times more likely to have tried Ecstasy than those who haven't. "While we know that not all Ecstasy use takes place at raves and that not all ravers use Ecstasy or other club drugs, the fact is that drug use is widespread at many raves," Biden said. Opponents of the legislation draw some satisfaction that Biden amended his original legislation to take out the specific reference to raves. Targeting one form of entertainment, they said, amounted to discrimination against electronic music and dance events. The Drug Policy Alliance, which advocates alternatives to the war on drugs such as prevention programs and making marijuana legal for medical purposes, nevertheless asked Attorney General John Ashcroft to give the new law low priority. It said Biden sneaked the measure into the child-crime legislation without benefit of committee hearings and called on Ashcroft to concentrate on other duties, such as terrorism. "Targeting, arresting and prosecuting innocent business owners will not solve our national drug problems," its letter to Ashcroft said. A Justice Department official, who asked not to be identified, said Ashcroft strongly backs giving prosecutors more tools to reduce dangerous drug use by teens. . . . . . . . Bruce Alpert can be reached at bruce.alpert@newhouse.com or (202) 383-7861. http://www.nola.com/news/t-p/index.ssf?/base/news-0/1051601122219900.xml

related links:

the bill -pdf
http://www.house.gov/judiciary/s151conf_002.pdf

Draconian RAVE Act passes
http://sf.indymedia.org/news/2003/04/1599610.php

Aural Intercourse: Party like it's 1984
http://www.lasvegasmercury.com/2003/MERC-Apr-24-Thu-2003/21163275.html

Effects Based Shock and Awe Drug Policy
http://bbsnews.net/bw2003-04-15.html

A New Federal Law Could Spoil Your Summer Fun
http://www.villagevoice.com/issues/0317/spartos.php

Senate Just Says No to Clubs
New anti-rave legislation threatens concert industry
http://www.rollingstone.com/news/newsarticle.asp?nid=17927

No one raving over Biden bill
http://www.delawareonline.com/newsjournal/local/2003/04/17nooneravingover.html

Amber Alert: Links to bill and other links
http://www.plastic.com/article.html;sid=03/04/14/19441216
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This year Senator Biden (D-DE) railroaded controversial legislation through Congress that threatens your free speech, right to dance and peacefully assemble and that threatens innocent business owners. On April 10, 2003, both houses of Congress passed The Illicit Drug Anti-Proliferation Act (formerly known as the "RAVE Act"), which was attached to the AMBER Alert bill. The "RAVE Act" legislation was introduced in a conference committee as an attachment to Senate bill 151, widely referred to as the AMBER Alert bill, legislation about child abduction that has nothing to do with drug policy issues. The "RAVE" Act, in contrast, has not passed a single committee this year. In addition, it was so controversial when it was introduced last year that two Senators withdrew their sponsorship. The "RAVE" Act makes it easier for the federal government to prosecute innocent business owners for the drug offenses of their customers - even if they take steps to stop such activity! Sadly, a Senate and House Conference Committee agreed to attach the "RAVE Act" to the Amber Alert conference report despite the fact that the "RAVE" Act did not have a public hearing, debate or a vote this year. It is important to note due to overwhelming opposition to the "RAVE Act" legislators were forced to remove some of the most egregious language before it passed. For example, the word "rave" was removed from the version of the bill that passed. Eliminating such blatant discrimination is a victory for our continued freedom of speech. Also, the original bill suggested that prosecutors should view the sale of water and the presence of glowsticks or massage oil as evidence of drug use. These ludicrous "findings" were completely removed thanks to activists who sent nearly 30,000 faxes this year alone to their Senators urging them not to support such dangerous legislation. This legislation must be signed by President Bush before becoming law. When it was first introduced there was widespread belief that this legislation would move through the Congress quickly with no hope of revision. Instead, due to the overwhelming opposition to this legislation it took 10 months, a change of power in the Senate, backroom policymaking, and substantial changes to the bill before it was passed - and even then it did not pass through "normal" legislative procedures. The "RAVE" Act threatens free speech and musical expression while placing at risk any hotel/motel owner, concert promoter, event organizer, nightclub owner or arena/stadium owner for the drug violations of 3rd parties - real or alleged - even if the event promoter and/or property owner made a good-faith effort to keep their event drug-free. It applies not just to electronic-music parties, but any type of public gathering, including theatrical productions, rock concerts, DJ nights at local bars, and potentially even political rallies. Moreover, it gives heightened powers and discretion to prosecutors, who may use it to target events they personally don't like - such as Hip-Hop events and gay and lesbian fundraisers. The "RAVE" Act was first introduced last year in the Senate by Senator Joe Biden (D-DE). A House version was introduced by Rep. Lamar Smith (R-TX). Thanks to the support of thousands of voters like you, Drug Policy Alliance and a coalition of friends and activists around the country was able to stop both bills last year. Rep. Howard Coble (R-NC) sponsored a new "RAVE" Act in the House and Senator Biden introduced a Senate version entitled the Illicit Drugs Anti-Proliferation Act. Opposition to the "RAVE" Act continues to grow. The Drug Policy Alliance and its coalition of partners will continue to work to protect property owners and prevent the further criminalization of dance and music events, mobilize opposition and advocate fixing this dangerous law.
http://actioncenter.drugpolicy.org/action/moreinfo.asp?item=1581

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Rave review ... The American Civil Liberties Union is coming out in defense of "raves," social gatherings popular with teens and 20-somethings that mix electronic music, light shows and dancing. The group says the House and Senate are "attempting to pervert proper legislative processes by appending two unrelated provisions to the popular Amber Alert measure," one of which would target raves. "The rave provision would make building owners liable," the ACLU says, "for their tenants' and customers' activities. For example, even if they instituted excellent security precautions, restaurant, bar, nightclub, dance and music venue owners could all be fined hundreds of thousands of dollars and forced into bankruptcy if a customer sneaked in drugs. No matter how much security is put in place, they could be held responsible for the actions of just one customer." The group is asking activists and supporters to contact members of the House and Senate and tell them to oppose the measure.
http://www.upi.com/view.cfm?StoryID=20030407-045421-2785r

Cleveland Indy Media Center