Okay I guess I have to make a few phone calls before I get to my homework this morning.
The ACLU has just released the following Alerts:
From: Matt Howes, National Internet Organizer, ACLU To: ACLU Action Network Members Date: April 7, 2003Oppose the Culture War on Raves
Members of both the House and Senate are attempting to pervert proper legislative processes by appending two unrelated provisions to the popular Amber Alert measure. One of the two provisions would target raves -- a social event that mixes electronic music, light shows and dancing; the other provision would seek to limit the discretion of federal judges.
The rave provision would make building owners liable 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 federal sentencing provision would require the Justice Department to report to Congress every time federal judges use their discretion to impose a lower sentence than recommended under federal sentencing guidelines. This would intimidate judges and prevent them from using their judgement when handing down sentences.
These anti-civil liberties amendments should have full legislative review and not be allowed to piggyback on more popular, yet unrelated, legislation.
Take Action! Click here for more information and to urge proper legislative process for these provisions:
http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=12280&c=185
and
*** EMERGENCY - JOE BIDEN TRYING TO SNEAK RAVE ACT INTO S151 Conference *** CALL YOUR SENATOR NOWSenator Joe Biden (D-DE) is at this very moment attempting to sneak
the RAVE Act into conference committee on the National AMBER Alert
Network Act of 2003 (S151). S151 is a popular bill about child
abduction and has nothing to do with drug issues. S151 has already
been passed by the Senate and House and is now in Conference. In
contrast, the RAVE Act has not passed even one single committee this
year. It did pass a committee last year, but was so controversial
two Senators withdrew their sponsorship after the vote.This means that if the RAVE Act passes the conference committee, it
is likely to become law without ever having a hearing, a debate or a
vote. Drug Policy Alliance has been told that Senator Biden has told
other conference committee members, incorrectly, that the ACLU is no
longer in opposition to the action. He also has told conferees that
nightclub owners now support him (on the basis of one group that
switched sides). If the act makes it into the conference language it
is likely to become law. It must be stopped now.PHONE YOUR SENATORS and Conference Committee Members (Background
information below). DO IT NOW. If you do not respond to this alert,
the controversial RAVE Act is likely to become law and it will be
much harder to fix.ACTIONS TO TAKE:
1. The following Members of Congress are on the conference
committee. They need to hear from you IF AND ONLY IF you live in
their district. Please be polite. Just tell them that you oppose
the RAVE Act, that it is controversial and it should not be included
in the conference language of S151. Don't stay on the phone long.
Ask as many people as you can to call them.HOUSE:
James Sensenbrenner (R-WI) - 202/225-5101
Howard Coble (R-NC) - 202/225-3065
Lamar Smith (R-TX) - 202/225-4236
Mark Green (R-WI)- 202/225-5665
Melissa Hart (R-PA)- 202/225-2565
John Conyers (D-MI) - 202/225-5126
Bobby Scott (D-VA) - - 202/225-8351SENATE:
Orrin Hatch (R-UT) - 202/224-5251
Charles Grassley (R-IA) - 202/224-3744
Jeff Sessions (R-AL) - 202/224-4124
Lindsey Graham (R-SC) - 202/224-5972
Patrick Leahy (D-VT) - 202/224-4242
Ted Kennedy (D-MA) - 202/224-4543
Joseph Biden (D-DE) - 202/224-50422. Everyone in the U.S. - You have two Senators who can weigh in on
this issue with the conferees. A list of your Senators by state can
be found at
http://www.senate.gov/general/contact_information/senators_cfm.cfm.
Please call your Senators at the Capitol Switchboard at 202/224-3121 -
please tell them that the RAVE Act is very controversial. Senator
Biden is holding up the AMBER Act by placing controversial bill in
conference. Urge them to oppose the RAVE Act by contacting the
Senate conferees and asking them to leave it off the measure so that
there will at least be a hearing on this issue.BACKGROUND INFORMATION
Congress is considering two pieces of legislation that could create
disincentives for club owners to have water, ambulances and
paramedics available at large dance events. The bills might also
threaten live music and dancing. If enacted, either bill could
prevent you from hearing your favorite band or DJ live. Every musical
style would be affected, including rock and roll, Hip Hop, country,
and electronic music. The proposed laws could also shut down hemp
festivals, circuit parties, and other events government officials
don't like. Both bills would allow overzealous prosecutors to send
innocent people to jail for the crimes of others.The two bills are the RAVE Act (H.R. 718) and the CLEAN-UP Act (H.R.
834). 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.
Unfortunately, supporters of the RAVE Act are even more determined to
pass it this year. Rep. Howard Coble (R-NC) is sponsoring a new RAVE
Act in the House. Additionally, Senator Biden has introduced a Senate
version entitled the Illicit Drugs Anti-Proliferation Act.If enacted, the RAVE Act would make it easier for the federal
government to punish property owners for any drug offense that their
customers commit - even if they work hard to stop such offenses. If
enacted, nightclub and stadium owners would likely stop holding
events - such as rock or Hip Hop concerts - in which even one person
might use drugs.The CLEAN-UP Act was also first introduced last year, but it failed
to make it out of committee. This year's bill has over 60 co-sponsors
and could become law without your help. Sponsored by Rep. Doug Ose (R-
CA), the Clean, Learn, Educate, Abolish, and Undermine Production
(CLEAN-UP) of Methamphetamines Act is largely an innocuous bill that
provides more money and training for the clean up of illegal
methamphetamine lab. Hidden within the bill, however, is a draconian
section that could make dancing and live music federal crimes.Section 305 of the CLEAN-UP Act stipulates that:
`Whoever, for a commercial purpose, knowingly promotes any rave,
dance, music, or other entertainment event, that takes place under
circumstances where the promoter knows or reasonably ought to know
that a controlled substance will be used or distributed in violation
of Federal law or the law of the place where the event is held, shall
be fined under title 18, United States Code, or imprisoned for not
more than 9 years, or both.'This provision will allow any concert promoter, event organizer,
nightclub owner and arena or stadium owner to be fined and jailed,
since a reasonable person would know some people use drugs at musical
events.Under both the RAVE Act and the CLEAN-UP Act, it doesn't matter if
the event promoter and property owner try to prevent people from
using drugs. Nor does it matter if the vast majority of people
attending the event are law-abiding citizens that want to listen to
music not do drugs. If enacted, either bill could be used to shut
down raves, circuit parties, marijuana rallies, unpopular music
concerts, and any other event federal officials don't like.++++++++++++++++++++++++You received this message because
antikoas@aol.com is a member of the mailing list originating
from alerts@actioncenter.drugpolicy.org.Please visit
http://actioncenter.drugpolicy.ctsg.com/managesubscription.asp to
learn about other lists you can subscribe to, or to unsubscribe from
individual or all lists.For problems, please contact Jeanette Irwin at jirwin@drugpolicy.org .
Please join the Drug Policy Alliance:
http://www.drugpolicy.org/join
The Rave Act Has Been Stopped for the time being.
Recognizing that the RAVE Act was a threat to free speech, public health, and innocent business owners, the Drug Policy Alliance launched a major campaign to stop it from becoming law.* In conjunction with Dance Safe, the Drug Policy Alliance launched a fax campaign that sent over 35,000 faxes to the Senate in opposition to the RAVE Act. Thousands of voters also called and wrote their Senators and urged them to vote against it.
* The Drug Policy Alliance worked with groups around the country - like ROAR (Ravers Organized Against the RAVE Act), Blackkat, AuraSF and Freedom to Dance - to hold organized protests against the RAVE Act in major cities, including protests in Los Angeles, San Francisco, and New York and a rave on the lawn of Congress in Washington, DC.
* We launched an aggressive legislative and media campaign that criticized the RAVE Act in the media and educated Members of Congress on the dangers of the bill. The campaign garnered national attention, with news articles across the country, including the Oakland Tribune and the Washington Post. Alliance staff warned voters about the RAVE Act and spurned them to action on radio stations from California to New York.So successful was our campaign, two of the original RAVE Act co-sponsors dropped their support for the bill (including the Chair of the Senate Judiciary Committee). The House Subcommittee on Crime refused to even vote on the House version of the bill. Senate leadership never dared to bring the controversial Senate version up for a full Senate vote.
Here is the full text of the page in case the link goes bad:
http://www.nomoredrugwar.org/music/rave_act.htm
The Rave Act
Last updated on December 20, 2002
Ravers Against the Machine -- Washington Post (DC) 8/18/02
Proposed Law Could Have Subjected You to 20 Years in Prison
Drug Policy Alliance Stopped It This Year, But It Will Likely be Re-introduced in 2003
Thanks to thousands of our supporters, the Drug Policy Alliance was able to stop federal legislation this year that would have essentially given federal prosecutors new powers to shut down raves, dance parties, hemp festivals, marijuana rallies and other events and punish business owners and activists that hosted or promoted them. The bill, known as the Reducing American's Vulnerability to Ecstasy Act (RAVE Act), was introduced in the Senate on June 18th and passed the Senate Judiciary Committee a week later - without a debate or recorded vote.
If enacted, the RAVE Act would have essentially made it easier for federal prosecutors to punish property owners that failed to deter drug offenses on their property. Property owners could have been punished even if they were not involved with drugs themselves and even if they tried to stop drug offenses from occurring on their property. Although proponents of the bill were seeking to target raves (and DJs, nightclub owners, and rave promoters had the most to fear), the law would have applied to any business owner, including bar owners, motel owners, concert promoters, and cruise ship owners. Because of its broad language, the proposed law would have even potentially subjected people to twenty years in federal prison if one or more of their guests smoked marijuana at their party or barbecue.
Recognizing that the RAVE Act was a threat to free speech, public health, and innocent business owners, the Drug Policy Alliance launched a major campaign to stop it from becoming law.
* In conjunction with Dance Safe, the Drug Policy Alliance launched a fax campaign that sent over 35,000 faxes to the Senate in opposition to the RAVE Act. Thousands of voters also called and wrote their Senators and urged them to vote against it.
* The Drug Policy Alliance worked with groups around the country - like ROAR (Ravers Organized Against the RAVE Act), Blackkat, AuraSF and Freedom to Dance - to hold organized protests against the RAVE Act in major cities, including protests in Los Angeles, San Francisco, and New York and a rave on the lawn of Congress in Washington, DC.
* We launched an aggressive legislative and media campaign that criticized the RAVE Act in the media and educated Members of Congress on the dangers of the bill. The campaign garnered national attention, with news articles across the country, including the Oakland Tribune and the Washington Post. Alliance staff warned voters about the RAVE Act and spurned them to action on radio stations from California to New York.
So successful was our campaign, two of the original RAVE Act co-sponsors dropped their support for the bill (including the Chair of the Senate Judiciary Committee). The House Subcommittee on Crime refused to even vote on the House version of the bill. Senate leadership never dared to bring the controversial Senate version up for a full Senate vote.
The RAVE Act is dead for the year - one of many state and federal legislative victories this year. However, Sen. Joe Biden and other supporters of the RAVE Act will likely re-introduce it in 2003. The Drug Policy Alliance is preparing to wage another campaign to defeat it and needs your help.
There are a number of things you can do:
* Sign up to receive our action alerts and weekly e-newsletter if you are not receiving them already, so we can keep you updated on our RAVE Act and other campaigns.
* Give us your contact information, and let us know if you are a DJ, musician, club owner, or promoter, so we can contact you with things you can do to help our campaign.
* Join Drug Policy Alliance. The Drug Policy Alliance is your voice to politicians, the media, and your fellow citizens on important drug policy issues.
Great news! Senator Leahy has dropped his support for the RAVE Bill.
I'm trying to find a reference online that confirms this, but what I heard through the grapevine was that he admitted he just hadn't read it completely.
I think it's great that he could just admit he made a mistake, withdraw his support and move on. Thanks, Senator Leahy. (Wish list -- I'm going to send him a "thank you" email (even though I'm not one of his constituents :-)
Here is the full text of the page in case the link goes bad:
http://www.dancesafe.org/articles/leahynorave.php
Drug Info Search Lab Results Safe Settings Local Chapters Literature Support DanceSafe
Senator Leahy has dropped his support for the RAVE Act.
A letter from Bill Piper of the Drug Policy Alliance
Please consider writing him a thank you note. We especially need people from Vermont to send thank you notes. We are calling for other co-sponsors - most notably Senator Durbin from Illinois - to drop their support. Any help you can be, will be much appreciated.
Special thanks to DanceSafe, SSDP, ACLU, CSDP, ROAR, Freedom to Dance, EM:DEF, Rock the Vote and all the other organizations that have provided us with crucial help. We truly appreciate it.
We're not out of the water yet, but we're getting closer. Let's keep the pressure on!
Bill Piper
Drug Policy Alliance
***
***Leahy Drops Support for RAVE Act
***Please Thank Him and Urge Other Co-Sponsors to Follow His Lead
Senator Leahy has withdrawn his support for the RAVE Act and is no longer a co-sponsor of the bill. This is the best news so far in the Drug Policy Alliance's national campaign to stop the RAVE Act. As Chair of the Senate Judiciary Committee, loss of his support is an encouraging sign that our legislators are beginning to understand that the RAVE Act is too broad. By no longer supporting the bill, Senator Leahy has taken a stand in support of public health, safety and free speech, and he should be commended for doing so.
Please send Senator Leahy a letter thanking him for no longer supporting the RAVE Act. It is very important that Senators be thanked when they do the right thing.
We urge every voter to write Senator Leahy regardless of where they live, but we especially urge Vermont residents and membership organizations with members in Vermont to contact Leahy.
Additionally, if you live in Connecticut, Iowa, Illinois, South Carolina, or Utah, we really need your help. See below, to find out more.
Opposition to the RAVE Act is growing, but we haven't defeated it yet. Supporters of the RAVE Act will redouble their efforts to pass it - we need to redouble our efforts to defeat it.
ACTIONS TO TAKE
** Send a letter to Senator Leahy thanking him for no longer being a co-sponsor of S. 2633, the RAVE Act. Thank him for supporting free speech, civil liberties, and public health.
Address:
The Honorable Patrick Leahy
United States Senate
Washington, D.C. 20510
** If you live in Connecticut, Iowa, Illinois, South Carolina, or Utah, please call your Senator and ask him to follow Senator Leahy's lead and stop supporting the RAVE Act. Let them know that that the RAVE Act goes too far and that it's too threatening to free speech, property rights, and public health.
Connecticut Voters: Call Senator Joseph Lieberman at 202-224-4041
Iowa Voters: Call Senator Charles Grassley at 202-224-3744
Illinois Voters: Call Senator Richard Durbin at 202-224-2152
South Carolina: Call Senator Strom Thurmond at 202-224-5972
Utah: Call Senator Orrin Hatch at 202-224-5251
Contact Us! 510-834-7500
Home About Contact Links New
Update June 24, 2003. The RAVE Act passed earlier this year when it was attached to the AMBER alert bill. Here's an explanation about how the bill passed and what's taken place as a result since then from the Drug Policy Alliance.
Here's a summary
and further analysis of the RAVE Bill by the Drug Policy Alliance.
Yikes! It's even worse than I thought!
The language of this RAVE Bill would make any citizen throwing a party liable for any drug use an ambiguously-defined general vacinity. We're talking jail time here for someone else's illegal activity that you had no knowledge of whatsoever.
It basically puts RAVEs under the juristiction of crack houses. As if, by definition, they were places used for the sale and manufacture of drugs.
Just the fact that "chill rooms" are cause for suspicion at a dancing venue is quite disturbing. What's suspicious about getting hot and wanting to sit down and "chill" for a while after dancing to some great music. Dancing is a healthy activity that should be encouraged, not persecuted.
Here's the full text:
http://www.drugpolicy.org/action/RaveBill.html
Proposed Law Could Subject You to 20 Years in Prison
The Senate is poised to pass legislation that would give federal prosecutors new powers to shut down RAVEs, hemp festivals, marijuana rallies and other events and punish business owners and activists for hosting or promoting them. Because of its broad language, the proposed law would also potentially subject people to enormous federal sentences if some of their guests smoked marijuana at their party or barbecue. It would also effectively make it a federal crime to rent property to medical marijuana patients and their caregivers.
Stop the Senate From Banning Marijuana Rallies and Other Events: Take Action Now!
The bill, known as the Reducing American's Vulnerability to Ecstasy Act (RAVE Act), was just introduced in the Senate on June 18th and has already passed the Senate Judiciary Committee. It is moving VERY rapidly and could be passed by the Senate as early as this week. While it purports to be aimed at ecstasy and other club drugs, it gives the federal government enormous power to fine and imprison supporters of marijuana legalization, even if they've never smoked marijuana.
Health advocates worry that the bill will endanger our nation's youth. If enacted, licensed and law-abiding business owners may stop hosting raves or other events that federal authorities don't like, out of fear of massive fines and prison sentences. Thus, the law would drive raves and other musical events further underground and away from public health and safety regulations. It would also discourage business owners from enacting smart harm-reduction measures to protect their customers. By insinuating that selling bottled water and offering "cool off" rooms is proof that owners and promoters know drug use is occurring at their events, this bill may make business owners too afraid to implement such harm-reduction measures, and the safety of our kids will suffer.
Read more about this bill, with an analysis by the Alliance.
***
full text of:
http://www.drugpolicy.org/action/RaveAnalysis.html
RAVE Act Analysis
------------------------------------------------------------------------
The Reducing Americans Vulnerability to Ecstasy Act of 2002 (The RAVE Act)
(S. 2633)
Overview
S. 2633 (the RAVE Act) broadly expands Section 416(a) of the Controlled Substance Act (21 U.S.S. 856(a)), also known as the "crack house statute", to allow the federal government to fine or imprison businessmen and women if customers or tenants sell, use, or manufacture drugs on their premises or at their events. Just introduced in the Senate on June 18th, the RAVE Act has already passed the Senate Judiciary Committee and could be voted on under unanimous consent rules very soon.
Essentially the bill modifies two sections of the "crack house statute" to make it applicable to those who (1) knowingly open, lease, rent, use, any place either permanently or temporarily for the purpose of manufacturing, distributing, or using any controlled substance, or (2) manage or control any place [building, room, or enclosure], whether permanently or temporarily, either as owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place [building, room, or enclosure] for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance. (Bold words are additions to statute, brackets are subtractions.)
The bill also gives federal prosecutors greater power to charge people civilly, rather than criminally, and provides for declaratory or injunctive relief.
What is Wrong with the RAVE Act?
Brief: The RAVE Act unfairly punishes businessmen and women for the crimes of their customers and is unprecedented in U.S. history. The federal government can't even keep drugs out of prisons, yet it seeks to punish business owners for failing to keep people from carrying drugs onto their premises. It is a danger to innocent businessmen and women, especially restaurant and nightclub owners, concert promoters, landlords, and real estate managers. Section 4 of the bill goes so far as to allow the federal government to charge property owners civilly, thus allowing prosecutors to fine property owners $250,000 (and put them out of business) without having to meet the higher standard of proof in criminal cases that is needed to protect innocent people.
Point-by-Point
* The RAVE Act is too broadly written and could subject innocent business owners to enormous fines or prison sentences. While supporters of the bill claim that innocent business owners don't need to worry because it only applies to people that knowingly open, lease, rent, use or maintain a place for the purpose of manufacturing, distributing, or using a controlled substance, "knowingly" and "for the purpose of" are too undefined to provide adequate protection to innocent businessmen and women. A nightclub owner that decides to play music at his club knows that certain young people will probably use drugs while they dance to the music. Despite good security, the owner could potentially be fined hundreds of thousands of dollars and forced into bankruptcy. Because prosecutors could charge owners civilly under this law, the standard of proof is too low to adequately protect innocent property owners. The bill's addition of the word "temporarily" undermines the very purpose of the "crack house statute" which was targeting property that was being used primarily for drug offenses, not making property owners liable for isolated actions that occur on their property, whether they are there or not.
* The bill is so broadly written that individuals could potentially face 20-year sentences for using drugs at home. As currently written, the proposed law would make it a federal crime to temporarily use a place for the purpose of using any illegal drug. Thus, anyone who used drugs in their own home or threw an event (such as a party or barbecue) in which one or more of their guests used drugs could potentially face a $500,000 fine and up to twenty years in federal prison. If the offense occurred at a hotel room or on a cruise ship, the owner of the property could also be potentially liable.
* The bill could endanger our nation's youth. If enacted, licensed and law-abiding business owners may stop hosting raves and other musical events, out of fear of massive fines and prison sentences. Thus, the RAVE Act will drive raves and other musical events further underground and away from public health and safety regulations. It would also discourage business owners from enacting important measures to protect their customers. By insinuating that selling bottled water and offering "cool off" rooms is proof that owners and promoters know drug use is occurring at their events, this bill may make business owners too afraid to implement such harm-reduction measures, and the safety of our kids will suffer.
* The bill is a dangerous threat to free speech and the right to dance. Property owners, promoters, and event coordinators could be fined hundreds of thousands of dollars or face up to twenty years in federal prison if they hold raves or other events on their property. If the bill becomes law, property owners may be too afraid to rent or lease their property to groups holding hemp festivals, all-night dance parties, rock concerts, or any other event rightly or wrongly perceived as attracting drug users (essentially any event that attracts a young crowd.)
* The bill punishes property owners that rent to people following state law. The bill effectively makes it a federal crime to rent property to medical marijuana patients and their caregivers. While those using or providing marijuana are prosecutable under federal law, this bill would make any property owner that leased or rented property to such people also liable for their offenses.
* Passage of the Senate bill would give momentum to a similar House bill (HR 3782) that is even more broadly written. That bill declares that "Whoever knowingly promotes any rave , dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably 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." (Emphasis ours).
Here's the full text of the Bill for S 2633, as painfully obtained eventually from Thomas.loc.gov.
This bill is so totally confused about RAVE culture and what it represents, I won't even try to defend it here. RAVE culture is the newest of the music communities and so, easier to pick on. But don't be fooled. Any music community could be next -- this law could be used to disrupt any music event, not just RAVEs.
Here is the text of the painfully obtained text from thomas.loc.gov:
http://thomas.loc.gov/cgi-bin/query/D?c107:1:./temp/~c107sg39oE::
Bill 1 of 2
There is 1 other version of this bill.
GPO's PDF version of this bill References to this bill in the Congressional Record Link to the Bill Summary & Status file. Full Display - 8,422 bytes.[Help]
RAVE Act (Introduced in Senate)
S 2633 IS
107th CONGRESS
2d Session
S. 2633
To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 18, 2002
Mr. BIDEN (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Reducing Americans' Vulnerability to Ecstasy Act of 2002' or the `RAVE Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year tens of thousands of young people are initiated into the drug culture at `rave' parties or events (all-night, alcohol-free dance parties typically featuring loud, pounding dance music).
(2) Some raves are held in dance clubs with only a handful of people in attendance. Other raves are held at temporary venues such as warehouses, open fields, or empty buildings, with tens of thousands of people present.
(3) The trafficking and use of `club drugs', including 3, 4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma hydroxybutyrate (GHB), is deeply embedded in the rave culture.
(4) Many rave promoters go to great lengths to try to portray their events as alcohol-free parties that are safe places for young adults to go to dance with friends, and some even go so far as to hire off-duty, uniformed police officers to patrol outside of the venue to give parents the impression that the event is safe.
(5) Despite such efforts to convince parents that raves are safe, promotional flyers with slang terms for Ecstasy or pictures of Ecstasy pills send the opposite message to teenagers, and in effect promote Ecstasy along with the rave. According to the National Drug Intelligence Center, raves have become little more than a way to exploit American youth.
(6) Because rave promoters know that Ecstasy causes the body temperature in a user to rise and as a result causes the user to become very thirsty, many rave promoters facilitate and profit from flagrant drug use at rave parties or events by selling over-priced bottles of water and charging entrance fees to `chill-rooms' where users can cool down.
(7) To enhance the effects of the drugs that patrons have ingested, rave promoters sell--
(A) neon glow sticks;
(B) massage oils;
(C) menthol nasal inhalers; and
(D) pacifiers that are used to combat the involuntary teeth clenching associated with Ecstasy.
(8) Ecstasy is the most popular of the club drugs associated with raves. Thousands of teenagers are treated for overdoses and Ecstasy-related health problems in emergency rooms each year. The Drug Abuse Warning Network reports that Ecstasy mentions in emergency visits grew 1,040 percent between 1994 and 1999.
(9) Ecstasy damages neurons in the brain which contain serotonin, the chemical responsible for mood, sleeping and eating habits, thinking processes, aggressive behavior, sexual function, and sensitivity to pain. According to the National Institute on Drug Abuse, this can lead to long-term brain damage that is still evident 6 to 7 years after Ecstasy use.
(10) An Ecstasy overdose is characterized by an increased heart rate, hypertension, renal failure, visual hallucinations, and overheating of the body (some Ecstasy deaths have occurred after the core body temperature of the user goes as high as 110 degrees, causing all major organ systems to shutdown and muscles to breakdown), and may cause heart attacks, strokes, and seizures.
SEC. 3. OFFENSES.
(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended--
(1) in paragraph (1), by striking `open or maintain any place' and inserting `open, lease, rent, use, or maintain any place, whether permanently or temporarily,'; and
(2) by striking paragraph (2) and inserting the following:
`(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.'.
(b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended to read as follows:
`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.
(c) CONFORMING AMENDMENT- The table of contents to title II of the Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following:
`Sec. 416. Maintaining drug-involved premises.'.
SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED PREMISES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the following:
`(d)(1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of--
`(A) $250,000; or
`(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attributable to the person.
`(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than 1 defendant, the court may apportion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil penalty under this subsection.
`(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth in section 403(f).'.
SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.
Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking `this section or section 402' and inserting `this section, section 402, or 416'.
SEC. 6. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);
(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and
(3) take any other action the Commission considers necessary to carry out this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.
There is authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.
There is authorized to be appropriated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate youth, parents, and other interested adults about the drugs associated with raves.
You've heard me rant before about the Right to Peaceably Assemble and this importance of this right in any kind of free society.
Well, that right is coming under attack again. This time in the name of the war on drugs. Take a look at: S 2633 the "Reducing America's Vulnerability to Ecstasy Act of 2002".
There are some petitions (C.A.R.A. - Citizens Against the R.A.V.E. Act and A.A.R.A. - Americans Against the R.A.V.E. Act) and there will be a huge nation-wide demonstration (NY, LA, DC) on demonstrations on September 6, 2002.
The R.A.V.E. Act was introduced in the Senate on June 18th and passed the Senate Judiciary Committee a week later, without a public hearing or recorded vote. It has been placed on the Senate Legislative Calendar and could come up for a full Senate vote in September. A number of organizations including civil liberties groups, business associations, and groups associated with the rave community, are working to defeat the RAVE Act or amend it to better protect innocent business owners, free speech, and public health. Tens of thousands of voters have signed petitions, and faxed or called their Senators to oppose this Act. Protests in opposition to the RAVE Act will be held simultaneously in cities around the country, including a rave and protest on the lawn of the U.S. Capitol on September 6th.
Here's the full text in case the link goes bad:
http://blogcritics.org/archives/2002/08/30/083247.php#20020830083247
"For Immediate Release:
August 28, 2002
Music Community Unites
To Fight Unconstitutional R.A.V.E. Act:
Protests Scheduled for LA, NYC and DC on
September 6th
Los Angeles, CA - A coalition of members of the music community have come
together to protest the unconstitutional R.A.V.E act now being considered
by
the US Senate. The R.A.V.E. (Reducing Americans' Vulnerability to Ecstasy)
Act, bill number S.2633 would expand the federal "crackhouse" statute.
Water
Bottles, Glowsticks and chill out rooms could be classified as "drug
promotion." Business people, promoters, venue owners and even homeowners
will be liable for any drugs used on their premises.
Clearly such a sweeping change in the law requires a response. The Los
Angeles protest will take place September 6th from 3pm - 8pm on the
Northwest Lawn of the Westwood Federal Building at 11000 Wilshire Blvd.
Numerous luminaries of the LA and international DJ community including Doc
Martin, Richard Humpty Vission, Garth Trinidad, Colette, Curious, Daniel,
Kid Dragon, Freddy B and others will DJ. The event has been organized
through a coalition of organizations in LA's world renown electronic music
community including: Hi-Roller, Rock The Vote, Green Galactic, EM:DEF, V
Squared Labs, Project Sweatshop, PAS, WAX, Sound Lessons, Insomnia, Good
Stuff, Junglist Platoon, B3 Cande, eventvisuals.com, and Solid.
The R.A.V.E. Act was introduced in the Senate on June 18th and passed the
Senate Judiciary Committee a week later, without a public hearing or
recorded vote. It has been placed on the Senate Legislative Calendar and
could come up for a full Senate vote in September. A number of
organizations
including civil liberties groups, business associations, and groups
associated with the rave community, are working to defeat the RAVE Act or
amend it to better protect innocent business owners, free speech, and
public
health. Tens of thousands of voters have signed petitions, and faxed or
called their Senators to oppose this Act. Protests in opposition to the
RAVE
Act will be held simultaneously in cities around the country, including a
rave and protest on the lawn of the U.S. Capitol on September 6th.
Senator Joseph Biden (D-DE) is the primary sponsor of the bill, but it is
also being co-sponsored by Senators Orrin Hatch (R-UT), Charles Grassley
(R-IA), Richard Durbin (D-IL), and Patrick Leahy (D-VT). The R.A.V.E. Act
expands the federal "crack house statute" to make it easier for the federal
government to fine or imprison businessmen up to 20 years in federal prison
if they fail to prevent customers or tenants from selling or using drugs on
their premises or at their events. The RAVE Act increases the civil and
criminal liability that business owners and event promoters could face if
customers commit drug offenses on their property.
The RAVE Act is not just about Ecstasy and Raves. While proponents of the
RAVE Act are trying to target the electronic music community, the RAVE Act
would allow federal prosecutors to target other events, such as Rock or Hip
Hop concerts, country music events, and world music festivals. It could
apply to hotel and motel owners, cruise ship operators, stadium owners,
landlords, real estate managers, and event promoters. The bill is so
broadly
written that individuals could potentially face 20-year sentences for using
drugs at home. Anyone who used drugs in their own home or threw an event
(such as a party or barbecue) in which one or more of their guests used
drugs could potentially face a $500,000 fine and up to twenty years in
federal prison. If the offense occurred in a hotel room or on a cruise
ship,
the owner of the property could also be potentially liable.
For those unable to attend the protest in person we strongly recommend
writing (preferable), faxing or calling your Senator on September 6th. A
fax form, sample letter and senator info is available at:
http://www.emdef.org/s2633/. A link to the petition, the Drug Policy
Alliance's analysis of the bill along with the full text of the bill and
the
introductory statements for the bill from the Congressional Record are also
available at that link.
# # #
For more information please contact Susan Mainzer at Green Galactic,
323-466-5141 or susan@greengalactic.com"
