RAVE act passed--for real this time

[Guest gallowglass]

My fellow americans, we are fucked

 

http://www.salon.com/mwt/feature/2003/04/1...e/index_np.html

[Guest mogwai]

well if its happened in the US its bound to happend here next.

[Guest mogwai]

Can't read the full article without a subscription.

 

If you can access it can you do a copy paste please

[Guest perro andaluz]

Your glow stick could land you in jail

The latest incarnation of the RAVE Act punishes drug users and bystanders alike -- and tramples civil liberties.

 

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By Janelle Brown

 

 

 

April 16, 2003  |  Last Thursday, the House and Senate almost unanimously passed the National AMBER Alert Network Act of 2003, a popular bill that will soon create a nationwide kidnapping alert system. Coming in the wake of a year of high-profile child abductions -- from Elizabeth Smart (whose parents supported the bill) to Samantha Runnion -- the bill was a no-brainer, destined to pass quickly and smoothly through Congress.

 

Surely Sen. Joe Biden (D-Del.) knew this, which explains why he cannily sneaked his own, completely unrelated legislation into the AMBER Act just two days before the vote. Piggybacked onto the act was the Illicit Drug Anti-Proliferation Act, a thinly veiled rewrite of legislation that was controversial in 2002 and failed to make it to a vote on the Senate floor. Now, club owners and partyers alike are being subjected to a loosely worded and heavy-handed law that authorities will be able to indiscriminately use to shut down music events at any time they please, assuming they find evidence of drug use. Thanks to Biden's surreptitious efforts, a few glow sticks and a customer or two on Ecstasy could be all it takes to throw a party promoter in jail for 20 years.

 

 

The passing of the Illicit Drug Anti-Proliferation Act was sudden but not entirely out of the blue. Last year, the Illicit Drug Anti-Proliferation Act was known as the RAVE Act (the leadenly acronymed "Reducing Americans' Vulnerability to Ecstasy Act"), a piece of legislation designed by Biden in early 2002 to put rave promoters out of business. An expansion of the crack-house statute of 1986 -- which made crack-den proprietors liable for what took place in their homes, even if they didn't deal drugs themselves -- the RAVE Act threatened those who "knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, [a] place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance" with 20 years in jail and $250,000 in fines.

 

In English, this meant that anyone who intentionally let people do drugs at their events could be held liable. It also expanded the crack-house statute in two significant ways: Now the law could be applied to one-night events -- concerts, raves, parties, festivals -- as well as permanent locales like nightclubs, and it added civil penalties for violations, lowering the burden of proof from "beyond reasonable doubt" to a "preponderance of evidence."

 

 

 

 

 

 

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So what "preponderance of evidence" would authorities use to determine that the people who threw these parties "knowingly" let their customers and guests use drugs? The RAVE Act offered a handy list of "findings" that authorities could use as proof -- including the presence of "overpriced bottles of water" and chill rooms, and the sale of glow sticks, massage oils and pacifiers (all of which are sometimes used to enhance the effects of Ecstasy). Never mind that all of the above can also be found at everything from 'N Sync concerts to an Earth Day festival; in the eyes of Biden and other like-minded officials and law enforcement officers (of which there are many), these are sinister drug paraphernalia that can only point to one thing.

 

Civil liberties groups and grass-roots activists from the electronic music community went on the defense. Infuriated ravers flooded Congress with letters, complaining that they were being singled out because of their lifestyle choices. The ACLU and the reform-minded Drug Policy Alliance convinced co-sponsoring Sens. Patrick Leahy, D-Vt., and Dick Durbin, D-Ill., that the vaguely written law could be used to limit freedom of expression and that businesses would unconstitutionally be held liable for their customers' actions. The two senators withdrew their support, and the RAVE Act finally died in committee last fall.

 

But Biden was not deterred, and he reintroduced the bill in early 2003. This time, in order to nominally appease detractors, he changed the name of his bill to the less inflammatory "Illicit Drug Anti-Proliferation Act" and struck the "findings" section of the legislation. Then he swiftly tacked it on to the AMBER Act, where, without any kind of hearing and before the ACLU and grass-roots organizations could raise a stink, it finally passed.

 

The bill's opponents worry that the new law (which will probably be signed by President Bush in the next few weeks) will effectively quash the electronic music community. Most ravers don't object to the targeting of unprincipled rave promoters who do sell drugs to kids, but the law is so loosely worded that it could be used against anyone who throws parties that are unpopular with local authorities. After all, according to the new law, you don't actually need to be directly involved in providing drugs to customers to be found guilty; all you have to do is knowingly allow drug use to take place.

 

The police are no doubt delighted to have a new weapon to use in their skirmishes with clubs and late-night revelers (a feud that goes all the way back to the days of Prohibition). Do the local authorities have issues with your nightclub or party? All they would need to do is find a few drug users at your event and "prove" that you endorsed this activity by pointing at, say, your overpriced bottled water or the ambulances that you keep on standby in case of emergencies (a common practice at concerts and nightclubs alike), and they could shut you down, throw you in jail, and empty your bank account.

 

Biden argues that this will never happen. "The purpose of my legislation is not to prosecute legitimate law-abiding managers of stadiums, arenas, performing arts centers, licensed beverage facilities and other venues because of incidental drug use at their events," he wrote when he introduced the Illicit Drug Anti-Proliferation Act. "My bill would help in the prosecution of rogue promoters who not only know that there is drug use at their event but also hold the event for the purpose of illegal drug use or distribution."

 

 

 

Unfortunately, precedents show otherwise. Biden's bill -- even with the findings removed -- formalizes what has been taking place in drug-enforcement circles for several years: Since 2000, authorities around the country have moved to shut down some of the nation's most popular dance parties, using the crack-house statue as a bludgeon and those glow sticks and chill rooms as their evidence. In many cities, such as San Diego and Fort Lauderdale, the police have even formed "Rave Task Forces" -- and study DEA-provided fact sheets that detail drug paraphernalia (sports drinks! lollipops! eye drops!) -- to shut down electronic music events and jail their promoters.

 

 

In New Orleans, for example, the promoters of one of the city's most popular dance clubs, Freebass, were charged with allowing drug use to take place at their events, despite an utter lack of evidence that they were in any way involved with or aware of drug sales. The promoters plea-bargained to avoid a costly lawsuit and ended up signing an injunction that forbade the presence of glow sticks, pacifiers, massage tables and chill rooms at any future parties (as if these were somehow to blame for the drug problem). And the Department of Alcohol and Beverage Control last week moved to shut down Ten 15 Folsom, one of the largest and most popular nightclubs in San Francisco, and accused the owners of permitting drug use to take place there. Once again, investigators pointed at the presence of glow sticks, as well as emergency medical technicians (which, ironically, Ten 15 had begun providing, by court order, after several overdoses by customers) as evidence that the club owners endorsed drug use.

 

The backward logic of this thinking punishes club owners and rave promoters for trying to keep their customers safe. It is inevitable that some revelers at just about any kind of musical event -- whether an Avril Lavigne concert or a techno dance club -- are going to bring and consume drugs, no matter how diligently you search their pockets or how often you eject offenders. Club owners and party promoters are aware of this (who isn't?) and often do everything they can to both limit this activity and prevent tragedies among those who pop pills anyway. It's quite possible that the Illicit Drug Anti-Proliferation Act will force panicky promoters to reconsider providing ambulances or EMTs, lest those be used as "evidence" against them. Already, many parties have stopped harm-reduction groups like DanceSafe from coming to their events to pass out safety literature or anonymously test Ecstasy pills to ensure that they aren't more lethal concoctions.

 

 

 

 

 

 

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Once the president signs the bill, promoters may consider the risks and never throw parties at all. Others will simply move their parties underground to illegal locations (abandoned warehouses, empty buildings, remote fields) where they are less likely to be found by authorities but more likely to be providing an unsafe setting for their customers.

 

The law isn't limited to electronic music events, either. Civil liberties experts worry that it could be used as a tool of bigotry to shut down hip-hop or gay-circuit parties. In a worst-case scenario, the DEA could even bust you for a private barbecue in your home where friends light up a bong: After all, the new law covers private residences, too. That may be unlikely, but the DEA is no stranger to badly conceived drug raids.

 

No one is arguing that drug use doesn't take place at raves and nightclubs and concerts, that kids don't sometimes use glow sticks or pacifiers to enhance their high, or that drugs aren't harmful -- occasionally lethal -- for kids. But in its rush to stamp out America's current drug demon, Ecstasy, this sweeping and illogical legislation instead violates basic civil liberties and labels entire communities as the enemy.

 

All these concerns may very well have come out during public debate on the law -- but, of course, that never happened. Immediately after the AMBER Alert was passed, Sen. Leahy issued a press release complaining about the unrelated legislation that was piggybacked on the bill, singling out the Illicit Drug Anti-Proliferation Act as one of the worst offenders. "Business owners have come to Congress and told us there are only so many steps they can take to prevent any of the thousands of people who may attend a concert or a rave from using drugs, and they are worried about being held personally accountable for the illegal acts of others," he wrote. "Those concerns may well be overstated, but they deserve a fuller hearing ... I think we would have been well-served by making a greater effort to find out."

 

Too late. Instead, yet another badly conceived piece of drug legislation, capriciously taking aim at the enemy du jour, was rammed through the system before more rational voices could discuss it. The vote took a matter of minutes and no thought whatsoever; the repercussions of the law will be felt for years.

[Guest Indica Couchlock]

RAVE Act passed ...

[Guest Full Lotus]

Land of the free, my arse...

[Guest Tris]

One more time... Sad news from America.

No wonder more and more people believe democraty is just fading away over there...

 

Beside, fellow french people, it's remind the way they passed the anti-free-party act 2 years ago, among a so-called internal security act going from road regulations to anti-terrorism....

Let's hope Sarko can't read english to well...

 

Tris

[Guest razzz]

my god....it's really fucked up there in the land of the free

and what about you're so called freedom of speech....you can spread neo-nazi propaganda but you can't go out to a psy-party even if you don't do drugs , because you are guilty of letting other people do drugs

[Guest spacemonkey]

i accually think you CAN't spread neo-nazi propaganda, most democarcies have forbidden that sort of stuff

[Guest razzz]

but you can............. in america

didn't you know that the KKK has a tv-station???

[Guest TjT]

I hope that in the rest of my days I may see the end of the 'drug war'. That will be a truly amazing day.

As for the loss of democracy in the US, it is tragic that the government turned the whole 9/11 event into all the bullshit that is going on now.

A lot of Science fiction writers have written about these sorts of things in the past. I guess they will now be taken from the sci-fi section and put into the non-fiction section.

[Guest razzz]

it's sad that the international community does nothing about the problems with the usa

here in europe you get a better view about the usa....we don't have a ban on documentaries about stuff that the usa has done to the world.

democracy isn't real and never will be

[Guest snoosnoo]

I really don't see what the problem is. Maybe this will even limit Paul Oakenfold parties. Psy Trance parties can in no way be affected by this. How often do you see people walking around with pacifiers at parties, or even glowsticks? How often do you see ambulances? This targets the massive rave scene of dumb teens, which people like me would never go to in a million years. hehe If this means promotors will have to lower the price of water, then I'm all for it.

 

Anyway, like I said in a post similar to this, if you're trying to start a "techno" scene in some God-fearing crack-smoking incestuous fucked up hick town, then you might have something to worry about. Otherwise, the more developped states are not going to trip..... don't make a big deal out of it people

[Hels]

I've never seen a cop at a psy party...

(in america)

been to less than 20 though but still...pretty good odds...

[Guest TjT]

I have seen a fair amount of glowsticks and pacifiers at the Synthetic Sadhus NY parties. It is not just about having cops at or around an event. The owners/managers of clubs are going to be concerned that they can be held accountable which may lead to tighter security etc. Underground events should be ok but the more commercial ones may suffer.

[Guest Peaceful Warrior]

Snoosoo your ignorance is truly without compare....In fact it is partially because of people like you that legislation like this can get passed. Even if your argument about it not affecting the psytrance scene were valid (which it is not) you still reveal a dangerous apathy toward others. So you don't care if they go after some party goers trying to start up a scene in some small town? Don't you understand that it is the principle of the thing that is most important. It may not matter to you if someone else's liberties are trampelled but what about when they go after you?

And to the people saying that they doubt that this legislation will affect psy parties in the U.S. Well all I can say is that I have been to two different psytrance events here which have been invaded by the police and one was very nearly shut down (this despite the fact that it was way out in the forest on private property) and this was before this legislation.

This is just one more in long chain of usurpations by the U.S. government against the people for whom it was created only to serve and protect.

[Guest snoosnoo]

Peaceful Warrior,

 

I don't think you bothered to try and understand what I was saying. I DO care that it may affect small scenes, psy or non psy, in many parts of the US, but face it, diversity is not and never has been allowed in most of the US (and don't be surprised if things don't change). If you want more freedom, move to California or New York, otherwise don't bitch about how screwed up this country is and how limited your liberty is becoming. As you know, law enforcement is different from city to city, county to county. Some are conservative and insane, some are open. A bill like this won't alter every inch of America, but will only reinforce the control conservatives are trying to preserve over "their territory" (ie. Utah).

 

When you say "Well all I can say is that I have been to two different psytrance events here which have been invaded by the police and one was very nearly shut down (this despite the fact that it was way out in the forest on private property) and this was before this legislation." Well, holyshit dude, I almost shat my pants out of shock and disbelief. No way?!?!?!?!?!?! Two parties got fucked with by the cops? That's fucking unbelievable! Have you ever considered how many house (no, not the genre) parties get shut down? Have you ever considered that parties in general get shut down if the cops have nothing better to do (psy or non psy)? And if the law got involved in those 2 parties you talk about, think of all the parties that turned out to be a success. Isn't the ratio in your favor when you look at it? For the most part, you can blame the promoters when shit goes wrong because it is up to them to ensure that everything goes smoothly. Or maybe you're going to the wrong parties because no party I've ever been to in the last 8 eight years has been broken up, not one. In fact, the only times I've seen cops around were at lame techno parties where there were too many KIDS all tweaked out being irresponsible or aggressive. What else do you expect when you see a fifteen year old stumbling out of a party and passing out in the middle of the road? The kinds of parties which are being targeted are the ones where they need to have chemists checking the pureness of e because so many instances have occurred that people have gotten sick from what they got from random strangers. These parties are the MASSIVES, which people with any sense know to avoid....

 

And then you say "Snoosoo your ignorance is truly without compare...."

First of all, it's snoosnoo, not Snoosoo. I think you read things faster than your brain is capable of processing, which probably also accounts for your misundestanding of what I was saying. And don't call people ignorant. Just who are you to judge who's ingnorant and who's not? If by your standards I am ignorant, than I take it as a compliment...

 

And last, it only happened while I was staying in Europe that one psy trance party got shut down (in Amsterdam of all places) and a few others were supervised by cops (in France, which comes as no surprise when you consider the problems they have with "Free Parties" and people thrashing nature)

[Guest psycosmo]

Actually what was passed has an important difference from the RAVE act...

where the RAVE act said that people could be prosecuted if they "knew or reasonably ought to know" that drug use would occur at their event.

What was passed said that people who "knowingly and willingly" allow drug activity would take place. So its not as bad as it could be, and considering that the Crack House laws were already in place, this is not a terribly radical extension of those laws. Landlords have had to deal with this crap since the 1980s when Biden sponsored the origional Crackhouse law and President Regan signed it. A big problem with this bill is that it imposes civil penalties, which it is my understanding will have a lower burden of proof than the criminal penalties. This is what I see being the real problem for us. Another problem is that it was passed with little debate and was attactched to a bill that its subject matter was in no way related to. Until people are allowed to decide for themselves what they put in their bodies, the slow erosion erosion of liberty and incraceration of the US youth will continue.

[Guest Barry Mcbaffery]

Don't u know drugs, raves -----> money ------> Binladen ------>Nuclear BOMBS, sarin, anthrax, botulline & terror!!

 

Everybody gonna die!!