RAVE Act Emergency Action

[cookiegirl]

sorry for the messy cut and paste job guys.

*** 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 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) - - 202/225-8351

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 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.

[cookiegirl]

This conference is happening today @ 2 pm, if anyone cares.

[revaluation]

I do...I wanna know what's going on. Can we attend? Is it on CSPAN?

[cookiegirl]

It's not on CSpan, and I don't think the public can attend (unless you're with a staffer maybe? ) . . . our staff is involved in this conference so I will try to let you know what happens as soon as I know.

No idea how long it will go on. . .

PS - according to the DJ name machine - Joe Biden's DJ name is "DJ Project Ho". brilliant.

[djbuster]

this is more bullshit. senator biden is attaching this bill to a completely unrelated bill that has to do with child kidnapping. by doing this - the bill will never get voted on on the senate floor. it will just become law all of a sudden.

it is really important that people contact their senators and pass this word along to others...this bill could really fuck up our already fucked up scene.

a call takes two minutes...is it worth it? i think so.

[cookiegirl]

conference is over. . . trying to find out what happened . . .

[cookiegirl]

OK - the first reports are saying that RAVE did make it into the conference report but some people are not happy about it, and may raise objections. I guess it was to pacify Biden b/c he was being a dick about something else (surprise).

It's a waiting game at this point. . I'll keep ya posted. *sigh*

[cookiegirl]

Here is the summary of the text as it appears in the conference report. More info can be found at house.gov/judiciary/

Sec. 608. Illicit Drug Anti-Proliferation Act

Section 608 of the conference report is a new section that is related to the purpose of this Act. This section, known as the Illicit Drug Anti-Proliferation Act, helps to protect children by amending the Controlled Substances Act to expand the "crack house" statute. (17) This expansion makes it clear that anyone who knowingly and intentionally uses their property, or allows another person to use their property, for the purpose of distributing or manufacturing or using illegal drugs will be held accountable. This section raise the penalties for people who traffic in a substance often marketed to children at clubs; and authorizing funds for drug prevention activities. It also creates a civil penalty for violating 21 U.S.C. § 856.

In addition, the language directs the Sentencing Commission to consider increasing the sentencing guidelines for offenses involving gamma hydroxybutyric acid (GHB), a Schedule I substance often used to facilitate sexual assault. Under current law, an offender would have to have 13 gallons (equivalent to 100,000 doses) of GHB to qualify for a five year penalty. Because large-scale GHB dealers generally distribute gallon quantities of the drug, they generally are not prosecuted at the federal level because the penalties are too low. In order to prevent the abuse of club drugs and other illicit substances, the bill also authorizes $5.9 million for the Drug Enforcement Administration to hire a Demand Reduction Coordinator in each state and authorizes such sums as may be necessary for the Drug Enforcement Administration to educate youth, parents and other interested adults about the dangers associated with club drugs.

[nourishment]

"often marketed to CHILDREN at clubs"??!! There shouldn't be any children in clubs anyhow. Hell, you have to be 18 just to get in.

I called both senators and my congressman. Fat lot of good that did.

[revaluation]

Here's the article I wrote for DCNC about the RAVE Act....

enjoy!

[cookiegirl]

That is a kick ass article reval, but I have to say the formatting on that site blows chunks. Makes my eyes go

Someone should tell their resident computer monkey to fix the margins.

[vicman]

Originally posted by cookiegirl

That is a kick ass article reval, but I have to say the formatting on that site blows chunks. Makes my eyes go

Someone should tell their resident computer monkey to fix the margins.

roflmao

sooo...what happened?

[revaluation]

Originally posted by vicman

roflmao

sooo...what happened?

Ravers Organized Against the Rave act (ROAR) posted that it passed and is now law, but I dunno. As far as I know, the AMBER bill was just in conference. Could it have gone to the Senate, House and Pres so fast?

[cookiegirl]

Originally posted by revaluation

Ravers Organized Against the Rave act (ROAR) posted that it passed and is now law, but I dunno. As far as I know, the AMBER bill was just in conference. Could it have gone to the Senate, House and Pres so fast?

ROAR is mistaken. It was inserted into the conference report, but that still has to pass the house and senate *and* be signed by the President before it becomes law. I agree that it is uncomfortably close to becoming law, but I'm irritated that ROAR didn't investigate the legislative process before spreading that rumour all over the 'net.

[cookiegirl]

The House is considering the conference report right now.

You can watch on c-span.

edit: the report just passed the house

[cookiegirl]

The Rave Act has passed the Senate as well.

Here is Senator Leahy's (one of the Senators who withdrew support from the RAVE Act in the last session of Congress) partial statement:

Comment of Senator Patrick Leahy

On Senate Passage

Of The AMBER Alert Bill

(PROTECT Act Package)

April 10, 2003

“After months and months of trying, we’ve finally gotten a green light for a national AMBER Alert program. The problem has never been winning enough support to pass it. The problem has been that our bill has garnered such strong support that it has been abused as a sweetener for highly controversial add-ons.â€

RAVE ACT

I am also concerned about the inclusion of the Illicit Drug Anti-Proliferation Act in this conference report. This bill has drawn serious grass-roots opposition, and I know that I am not alone in hearing from many constituents about their serious and well-considered objections to it. Despite this opposition, and even though the Senate has never held a hearing on this bill, the conference committee agreed to include it in this hastily-assembled package.

I know that Senator Biden has made changes to the bill since the last Congress, beginning with its title, and I appreciate his flexibility. But these changes do not address some of the questions that have been raised about this legislation.

The bill’s primary purpose is to expand the existing “crack house statute,†(21 USC 856) which makes it unlawful to knowingly open or maintain any place for the purpose of manufacturing, distributing, or using any controlled substance, or to make a place available to someone else for use for such purposes or for storing a controlled substance. The bill would expand the statute to include those who lease, rent, or use property, including temporary occupants, and would allow for civil suits against violators.

The crack house statute has been on the books for more than 15 years, and for most of its existence, federal prosecutors have used it solely against property owners who have been directly involved in committing drug offenses. The House Judiciary Committee, however, heard evidence last year that the Drug Enforcement Administration and prosecutors are now using the “crack house statute†to pursue even business owners who take serious precautions to avoid drug use at their events. 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. Those concerns may well be overstated, but they deserve a fuller hearing.

In addition, the provision allowing civil suits dramatically increases the potential liability of business owners. Of course, this is a good thing when applied against those who are knowingly profiting from illegal drug use. But we have been told that even conscientious promoters may think twice before holding large concerts or other events where some drug use may be inevitable despite their best efforts. I do not know enough to know whether that claim is exaggerated, but I think we would have been well-served by making a greater effort to find out.

[revaluation]

Thanks Cookie....I'm gonna send this around!

[cookiegirl]

Dear Members, Subscribers and Friends,

I do not normally use our alert channel to send a personal message. However, I wanted to let you know that the Illicit Drug Anti-Proliferation Act (also called the "RAVE Act"), which was attached to the AMBER Alert bill, passed both the House and Senate late yesterday (April 10).

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 to any type of public gathering, including theatrical productions, rock concerts, DJ nights at local bars, and potentially even political rallies. 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.

Sadly, the RAVE Act was added to the AMBER Alert bill conference report at the very last minute by Senator Biden (D-DE), its original sponsor. The AMBER Alert bill creates a system for responding to child abduction. It has nothing to do with drug policy. The RAVE Act had not passed even a single committee in the House or Senate this year. One senator's pet issue made a mockery of the Democratic process - becoming law without any public hearing or opportunity for input whatsoever.

You should be aware that your letters and faxes clearly had an effect. (FYI - you sent Congress 13,000 faxes this week alone!!) 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 you.

President Bush will sign this child abduction bill, which means the RAVE Act will become law as well. We will be working with the legislators who opposed this provision - such as Senators Durbin, Kennedy and Leahy and Representatives Conyers and Scott - for its repeal. In the meantime, however, it is up to all of us to be the watchdogs of its enforcement.

Attorney General John Ashcroft will have to make decisions about its enforcement priority among the many public safety issues the Department of Justice handles. He must be held responsible when he implements this scheme. We want him to know that he is not free to shut down our dance clubs, our festivals and our freedoms. We will be watching the activities of law enforcement and prosecutors, and we will act when our rights are violated. You can help us by faxing Attorney General Ashcroft here.

http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=1581

We thank our many partners in this effort for your hard work: EM: DEF, ROAR, Buzzlife Productions, Davey D., electronic dance and music organizations throughout the U.S., club owners, hotel organizations, beverage and licensing groups, the ACLU and many, many others. But most of all, I want to say thank you personally to our members and supporters.

You truly deserve credit for reacting so quickly and so forcefully. It has really been amazing. When Bill McColl, our Director of National Affairs, told me about this issue last June he said that he thought the RAVE Act would pass in about 2 weeks. You proved us wrong. It took 10 months, a change in control of the Senate, backroom maneuverings and substantial changes to the bill. I'm proud of the hard work of our members, friends and our coalition. Rest assured we will continue to work together to mobilize opposition and advocate to fix this dangerous law.

Sincerely,

Ethan Nadelmann

Executive Director

Drug Policy Alliance