The Feds vs. Live Music
Posted on April 9, 2004 at 7:54 am | No Comments
From ProtectLiveMusic.org …
Members of Congress think the American people won�t stand up for their rights. On April 24th we�re going to prove them wrong.
Congress is considering legislation that would hold bands, DJs, bartenders, promoters, venue owners, radio stations and others liable if a patron uses drugs at a nightclub or concert. If enacted, music lovers could soon be unable to see their favorite band, DJ or other entertainment live. The economic impact on the music industry could be devastating.
The Ecstasy Awareness Act (H.R. 2962) would throw anyone in jail who �profits monetarily from a rave or similar electronic dance event knowing or having reason to know� if some of the event-goers use drugs. Similarly, Section 305 of the CLEAN-UP Act (H.R. 834) makes it a federal crime – punishable by up to nine years in prison – to promote “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.”
This makes no sense. Since the government can�t even keep drugs out of our federal prisons, everyone has reason to know drugs may be used at their event. Every music concert attracts some people who may use or sell drugs. These provisions make criminals out of every concert promoter, nightclub owner, and stadium or arena owner.
The language of the Ecstasy Awareness Act is so broad that bartenders, musicians, and anyone else that in any way profited from an electronic music event could be fined or jailed. Section 305 of the CLEAN-UP Act is so broad that every musical style could be affected, including rock, Hip-Hop, country, and electronic music. Indeed, any property owner (including hotel owners, cruise ship owners, and casino owners) could be hurt under the CLEAN-UP Act, since it is reasonable to assume that any entertainment event that draws a large crowd (especially young people) will draw people who will try to use or sell drugs. (It should be noted that Section 305 of the CLEAN-UP Act is the only section of the bill that is problematic. Other than that section, the CLEAN-UP Act is largely a good bill that provides resources to train law-enforcement officers how to dismantle illegal methamphetamine laboratories without hurting the environment).
Disturbingly, it does not matter under either the Ecstasy Awareness Act or the CLEAN-UP Act if event promoters and property owners take steps to deter drug offenses. They can be prosecuted even if they have good security and a strict zero-tolerance policy. Nor does it matter if the vast majority of people attending the event are law-abiding citizens that do not use drugs. These bills criminalize entire events and everyone involved in such events, raising very serious free speech and due process issues. Racist or homophobic prosecutors could also use the laws to target Hip Hop and R&B concerts and gay and lesbian nightclubs.
People should not be punished for the crimes of others, nor should the government be frightening law-abiding businesses away from holding legal events like rock, country, or Hip Hop concerts. The Drug Policy Alliance and its coalition of partners will continue to work to protect the music industry, prevent the further criminalization of dance and music events, and mobilize opposition to these dangerous laws.
For more detailed information on this legislation, click here. Then head on over here to see a few different ways you can help take action.
How many months until the election, again? Can you hear the clock ticking, Bush & Co.?
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