From: Peter Nicholson (bournik_at_svn.net)
Date: 2003-04-08 00:55:09
Got this from Green Galactic. This one is definitely not a web hoax,
unfortunately.
I generally try not to forward Electronic Music Defence and Education
Fund related news, except in the most extreme situations. This came up
so quick I am forwarding both the ACLU and Drug Policy Alliance takes on
the situation.
Journos any immediate coverage (web, daily, email, etc.) is greatly
appreciated.
Industry types, the Drug Policy Alliance is drafting a letter for
Senators opposing this action to be delivered this afternoon. If you are
interested in being a signatory on this please let me know immediately.
They may call it the RAVE act, but it is slipperly slope into facism
these days and the RAVE Act erodes all of our rights to assemble
peacably and to express ourselves in whatever type of music. Not to
mention the sneaky tactics Biden is using to pass his act (see below).
Thanks so much for taking the time to read and act.
:)susan mainzer
www.emdef.org
www.dancem.org
www.greengalactic.com
Drug Policy Alliance's Take:
***EMERGENCY - JOE BIDEN TRYING TO SNEAK RAVE ACT INTO S151 Conference***
*** CALL YOUR SENATOR NOW ***
Senator 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 pass into law without ever having a hearing, a debate or a
vote. Drug Policy Alliance has been told that Senator Biden has falsely
told other conference committee members that the ACLU is no longer in
opposition to the action and 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) - - 202/225-8351
SENATE:
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) - 202/224-5042
2. 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 effectively
ban live music and dancing, while throwing innocent people like you in
jail. 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). Both could be passed this year without your help.
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.
Because of its broad language, the proposed law would even potentially
subject people to twenty years in federal prison if one or more of their
guests smoked marijuana at their party or barbecue.
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.
ACLU's take:
Oppose 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
<http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=12280&c=185