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scratchapella

State of the Scene

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so i figured out why i might be getting bored. . . i’ve tried taking time off parties and clubs and though i haven’t tried the production/dj thing. . .i think i could be happier doing this. . .

EDM (and the Scene) has influenced my life incredibly in the past 5 years. it means a lot to me, and i know it means a lot to most of you. . . we’ve been hella lucky with the state of the scene in DC so far (buzz, successful parties – umm usually, decent production crews and families, no cragee mayor with an anti-rave agenda). and fortunately, i’ve never experienced a busted party, dealt w/ “the authorities”, mourned the closing of a favorite club (enough already twilofreaks!) or anything negative like that. i'm hella grateful for all that.

anyways, i was wondering, dee or eggmok, if you guys could make this a “sticky” thread and i'll post or update any relevant information to “the state of the scene” in it? links, articles, who to contact, etc. if i had the time, i would do this for all the other boards out there, but i'm hoping the rest of you will just pass the information along. . . and what you choose to do with it, that’s up to you.

peace.

:)

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http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_bills&docid=f:h3782ih.txt.pdf

I did a little research on this, and the bill was just brought out two months ago. . .so there’s lots of time. It’s mostly geared towards the use, sale, etc of methamphetimines, but in section 416(a) (page 15 when you’re reading it on adobe).

Ehh. . . I’ll just type it out..

Section 416.A Promoters of Drug Oriented Entertainment

“Whoever knowingly promotes any rave, dance, music, or other entertainment event that takes place under circumstance 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.”

ridiculous? right?

tell your local rep what you think. you can contact them or write directly online through: www.house.gov/writerep.

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(from the Selekta crew) again, i'll try doing a little research and see what the progress has been on this. . .

:

The electronic music industry depends heavily on the use

of streaming audio (webcasting) to promote and distribute music. The Selekta has been doing live broadcasts for quite some time, and our archivedaudio database is made up of mixes by artists from across the globe. In all, our online audio reaches tens of thousands of dance music fans each andevery month.

The Selekta is not organized as a for-profit venture with sole goals on making money by exploiting artists and DJs, nor by mass-merchandising. Our primary goal, like many Web-based media companies, is to distribute quality information to our readers and to serve as a spring board for DJs and producers from around the world. The Selekta is indeed "All about themusic."

Without going into a lot of detail in this letter, we are asking that

everyone who uses the Internet for the sake of listening to music, or learning about those people that work every day to produce tunes for your pleasure, to PLEASE read and understand what has become knows as "The CARP recommendations."

In the near future, The United States Copyright Office is scheduled to make a decision a recommendation of an executive group called the Copyright Arbitration Royalty Panel. These recommendations will destroy the ability for small companies and promotional groups to stream audio via the Internet. If approved, these recommendations will literally wipe out your ability to listen to the music you love. The only people that will be able to do internet broadcasting of copyrighted music will be major radio stations and record labels --- Big business will win, and everyone else (including you) will lose.

We at The Selekta never ask for anything in return from the scene and cornerof the music industry that we support so heavily. However, we are pleadingwith you to take 5 minutes of your time to look up the contact information for your United States Congress and Senate members and to CALL THEIR OFFICES to express your concern over this legislation. It might take 5 minutes and a few dollars in long distance, but the effect it can have on the future of the Internet and the music industry is huge.

You can find detailed information to help you become informed about this important matter (CARP) at save internet radio web site: http://www.saveinternetradio.org

To contact your legislative representatives, please visit

http://www.congress.org.

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Thanks for keeping us updated. We don't have a representative in Congress here in DC though, right?

We can still make a lot of noise, though!

Hey Crank - do you think anyone could actually get prosecuted under that law?

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Originally posted by malanee

Thanks for keeping us updated. We don't have a representative in Congress here in DC though, right?

We can still make a lot of noise, though!

Hey Crank - do you think anyone could actually get prosecuted under that law?

I don't think club owners could actually get prosecuted unless they were actually caught selling or buy or giving. But could it close a club down while it is being investigated, YES. And keep it closed long enough for the owner to lose so much money that they are forced to sell it, that could happen. BTW, some of DC PD's finest wlked into the warehouse at around 5am on saturday morning and dragged some guy out. I think one of the so-called security guys there caught him dealing and called the DCPD. But thats just the rumor that was going around there.

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Is there a companion bill in the Senate? If not, then I'm not too worried.

I really dislike the way they're trying to sneak this in under a larger methamphetimines bill. Many a bad law has been created this way.

If it does become law, sure someone can be prosecuted under it. Of course, I think it would be challenged pretty quickly. I mean, much like the attempt to use the crack-house laws in New Orleans (in short, went after club owners holding EDM events), this law could (and would) probably be used to go after more than just EDM events. I mean, go to any concert in any venue and you'll find drugs (I'm not talking about the symphony or opera at the Kennedy center or anything, tho I have seen people enjoying a toot at the opera before). Therefore, what would be in the "reasonably ought to know" catagory? Pretty much any event that involves music and a group of people I guess. I really don't think promoters, restaurant owners, club owners, etc... would go for this and I'm sure they can put up a pretty good lobbying effort to stop it or bring up a legal challenge if such a law were to pass.

However, Scratch is right, they're trying to slip this one in under the radar by embedding it in a much larger bill and we had better watch it and get the word out.

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Originally posted by pluryou

I am new and have no clue how this thing works. Runner if your out there help! :)

First things first, I recommend you remove your home phone number. Besides that if you know how to use email then it's not that hard to figure out. See that little button that says reply, well hit that one, then type all you want(by pressing down the keys) then hit send, It's that easy, good luck!

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Originally posted by pgiddy

First things first, I recommend you remove your home phone number. Besides that if you know how to use email then it's not that hard to figure out. See that little button that says reply, well hit that one, then type all you want(by pressing down the keys) then hit send, It's that easy, good luck!

Please ignore Pgiddy! Every board has to have an asshole! I think we have more than our fair share! :rolleyes:

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Originally posted by therunner

"Step By step instructions on how to correctly post"

By pgiddy

I will help in the publication dept.

Sounds good we'll split the profits even, 80% me 20% you.

"Posting for Dummies"

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Originally posted by malanee

Please ignore Pgiddy! Every board has to have an asshole! I think we have more than our fair share! :rolleyes:

Yeah we sure do have our fair share on this board, isn't that right malanee.:rolleyes: However, I was merely trying to help the rookie out, you know the helpful and caring person I am....:rolleyes:

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Originally posted by pgiddy

Yeah we sure do have our fair share on this board, isn't that right malanee.:rolleyes: However, I was merely trying to help the rookie out, you know the helpful and caring person I am....:rolleyes:

Yeah Malanee!! He was only trying to help. SGOHA

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Originally posted by therunner

Yeah Malanee!! He was only trying to help. SGOHA

I'm glad someone see's this also. But I think it's in our best interest to not write in this thread. Scratch is going to kill us.

IWTBH

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Originally posted by scratchapella

and fortunately, i’ve never experienced a busted party, dealt w/ “the authorities”, mourned the closing of a favorite club (enough already twilofreaks!) or anything negative like that. i'm hella grateful for all that.

:)

you've never experienced a busted party? i'm surprised by that scratch, you've been to plenty

y'know, they're not just going after club owners but promoters too...it was a huge deal in new orleans, authorities won some landmark battle against a promoter for promoting raves

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i've had parties cancelled at the last minute b/c the venue wasn't secured (either the owner got scared/threats from the police, or the shady promoters didn't get the right permits, blahblahblah. . ) or b/c investors backed out, but never been at a party and have the police come and "bust" the party. . .

anyways, i think this is the case you were talking about. in this case, they were blaming the owners, the infamous crackhouse law, HR3782 Sec16a targets promoters. . .

The State Palace Theater Case

New Orleans, LA

The first ever application of Title 21, USC Section 856 - the "Crackhouse Law" - against a concert venue. Also the first case to name pacifiers and glow sticks as drug paraphernalia. This case undoubtedly marked the end of casual harassment of raves and nightclubs, and the beginning of the "War on Clubs". A plea agreement was reached between the Federal Government and Robert and Brian Brunet on May 17th, 2001. Donnie Estopinal refused the plea, and remains outspoken against the application of the law.

New Orleans Legal Documents State Palace Theater Press

On June 13th, New Orleans Barbecue, Inc. entered a guilty plea to one count of "Operating a Crackhouse". On August 1st a Federal Court will hear the plea, and determine whether or not to accept it. In most cases, when the defense and prosecution agree to a case, the courts accept it. The plea brings to an end a legal battle that had been brewing since the January indictment of Donnie Estopinal, Robert Brunet, and Robert Brunet. It also sets a dangerous precedent that could effect the future of night clubbing in the United States for years to come.

The plea agreement, which removes the possibility of criminal prosecution against Robert and Brian Brunet - and most likely Donnie Estopinal - was entered after both defendants tired of the legal battle, and concluded legal bills would lead them and their families to financial trouble. In addition to the conviction of New Orleans Barbecue, Inc., the plea agreement places conditions against The State Palace Theater, banning glow sticks, pacifiers, masks, chill rooms and other items the DEA has been touting as paraphernalia.

It also sets a minimum age of eighteen.

EM:DEF is committed to raising money to challenge the provisions of the settlement. The plea agreement led both Time Magazine and The Times-Picayune to call the case in New Orleans a failure. After seeking prison time for Robert, Brian and Donnie, the DEA has settled for a $100,000 fine against a corporation - a fine that was inconsequential compared to the cost of fighting the trial.

The case in New Orleans had been on hold for several weeks while prosecutors determined what to do after a refusal to accept a plea by Robert, Brian and Donnie. The plea and our proposed challenge to the plea will not eliminate the precedent that was set; however, it will prevent law enforcement from banning glow sticks and other items at electronic music events. Private businesses may still ban the items, but public venues will not be allowed to if we win. Furthermore, it will undermine the entire substance of the plead conviction. What will remain painfully clear to anyone evaluating the DEA and their investigation is that they failed to find any wrongdoing on the part of the promoter and management for the club, but bullied a plea agreement anyway to try and save face. There is simply no other interpretation that fits.

Months earlier, on March 9th, prosecuting attorneys in New Orleans with drew charges against Donnie Estopinal along with Robert and Brian Brunet. According to an article in The Times-Picayune, the prosecution believed two of the three would enter guilty pleas, and therefore had stopped investigating the charges. At that point, prosecutors had offered a two year sentence to Robert Brunet, and one year sentences to Donnie Estpoinal and Brian Brunet.

The case was reopened. DEA agents began contacting people from the area to interview them. Word from the DEA's office was that new charges which were anticipated to be brought in April or May of this year, would likely include the "crackhouse" law. Though only one count was brought in the last set of charges, the DEA threatened to request that a Grand Jury bring a separate count against each man for each party thrown at the State Palace Theater. If multiple counts were to be brought, the crime would elevate to a "Continuing Criminal Enterprise", and carry a minimum sentence of 20 years, with a maximum of life.

This would have resulted in a precedent effecting the entire electronic music industry. It also would have resululted in innocent people spending time in prison. The first indictment and early history of the case demonstrate that a malicious assault was waged on an innocent nightclub management and promoter.

On Friday, January 12th, 2001, a federal grand jury indicted Robert J. Brunet; his brother Brian Brunet, and James D. Estopinal (aka Disco Donnie). The charges levied against the venue managers and promoter are an unprecedented application of a 1986 "crackhouse law".

Beginning around January of 2000, the DEA partnered with the New Orleans Police Department initiating "Operation Rave Review". In August of 2000, the DEA and New Orleans Police Department raided the State Palace Theater in New Orleans, believing that they would find evidence of drug possession with intent to sell among either staff of the promoter or venue management. Nothing was found that night, in fact, throughout the course of an intense 12 to 16 month investigation, no evidence was found linking either the Brunet brothers, Donnie, or any member of their staffs to drug possession, sales distribution or manufacturing.

On several occasions, the DEA, US Attorney, Eddie Jordan, and local law enforcement officials in New Orleans have all stated that they are pursuing rave culture, believing it is responsible for drug use among teens. The charges against Robert, Brian and Donnie however, are a violation of the First Amendment. By targeting a specific musical genre, law enforcement officials are overstepping their authority. Furthermore, they are using a law out of its intended context.

According to Glenn Reynolds, Professor of Law at The University of Tennessee in Knoxville, "The crackhouse law was directed at people who took over abandoned buildings by force of arms and used them as headquarters for drug dealing." The current application by US Attorney Eddie Jordan prosecutes "the promoters of events at which others may have been selling or consuming drugs."

The legendary Freebass Parties promoted by Disco Donnie were among the most popular raves in the country, attracting top talent in the electronic dance music industry as guests and entertainers alike. The promotion team and management were professional and clearly successful. It is unclear whether the indictment by the DEA was a premeditated strategy to pursue criminal charges against Donnie, Robert and Brian, or whether it was a last resort to produce a criminal conviction from an otherwise unsuccessful investigation.

What is clear is the effect this case could have on the national electronic dance music Industry.

By holding venue owners and promoters responsible for the behavior of their guests - all 5,000 to 50,000 of them, the precedent will discourage many venue owners to allow electronic dance music acts - just as many currently ban hip-hop acts. Furthermore, the precedent will likely dissuade several promoters from continuing in the business. Attorney Generals in other states have already publicly announced an interest in applying the same strategy in their own districts to pursue criminal prosecution against raves.

EMDEF is concerned with any case that potentially threatens the professionals in electronic dance music, and therefore the scene as a whole. More than any of the cases we are following right now, this case has the potential to adversely effect our community. We will continue to watch this case, and to contribute resources as they are available. Support EMDEF and we will work to prevent this precedent from taking place.

"In my time as a prosecutor this is one of the most unconscionable drug violations I have seen," U.S. Attorney Eddie Jordan said. "They used these raves to exploit young people by designing them for pervasive drug abuse." --- The Times-Picayune, (LA) January 13th, 2001.

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i don't know. . .it's a good and bad thing, but ruth mentioned earlier how dc has no representation, just "representatives at large". . .so for those of you interested in this issue:

PROTEST Taxation Without Representation!!

TAXES PAID - REPRESENTATION DENIED

Tax Day 2002 Protest

Monday, April 15

5:00 pm - 6:00 pm

Farragut Square in NW downtown

METRO: Farragut North - red line or Farragut West -

blue/orange lines

The U.S. Congress and American people must hear

about the denial of fundamental civil rights for the

572,000 residents of the District of Columbia.

Join DC Vote, the Committee for the Capital City, DC

RABBLE, Let's Free DC, the Statehood Solidarity

Committee and numerous other civil rights and

voting representation organizations as we protest

our treatment as second-class citizens. Equal rights

for equal responsibilities!

Pass this email and the message of injustice along

to your friends, family, colleagues, neighbors and

others who will speak out for themselves and for the

Washington, D.C. residents. The hard-working

people of D.C. pay the second highest per capita

federal income taxes in the country, and we have no

voting representation in Congress to decide how our

own tax money is spent. As a result, our children are

denied the hopes and dreams of other American

children, our elderly suffer from poor health services

and the working people of D.C. suffer from

second-class treatment as Americans.

Help us end this denial of equal civil rights! Join us

at the Protest on April 15.

For more information or to join the protest as a rally

leader, please contact DC Vote at 202.462.6000 or

visit www.dcvote.org.

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brava, scratchapella!!! i knew of the whole ridiculous attempt to ban glowsticks and about the bullshit in new orleans, but not about the rest (i haven't followed your hyperlinks, but i will in the morning - tired girl on this end). thanks so much for sharing all of this info.

just as a side note, i've got some facts for you that demonstrate the overall apathy that's going around: here in l.a, the only year i could really convince my friends to vote was the year that the amendment for medicinal use of marijuana was introduced. and more people went to the laker victory parade last year than voted in the mayoral election.

ROCK ON, DC BOARD :spin2: !!!

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WEYES, i know sanfrancisco's got a Right To Dance org. based there. . .somefink like www.righttodance.org. the following, i think is something you know of already

California Bill Amended to Target Only "Electronic Music"

Just in case there is still any doubt that electronic dance music is

being specifically targeted by government one only has to look at

legislation currently making it's way through the California Assembly.

EM:DEF had previously voiced concerns that the subjective language used

in California Assembly Bill 1941 would be used to unfairly discriminate

against electronic dance music events.

As originally written, California AB 1941 would have required promoters

seeking permits for "any dance event that may be attended by 1,000 or

more persons" prove that they are "sufficiently knowledgeable about

illegal drugs and drug paraphernalia" before said permit would be

issued. California AB 1941 has now been amended to apply only to

"electronic music dance event" with "500 or more" attendees rather

than all "all dance event" with "1000 or more." EM:DEF now believes

that California AB 1941 is not just poorly written because of it's

subjective language, but unconstitutional because it explicitly applies

to only one style of music.

EM:DEF is disappointed that on April 24th the amended bill was approved

by a vote of 11-0 in the Local Government Committee of the California

Assembly. The bill now goes to the Committee on Public Safety but the

schedule has not been posted yet.

For more information visit:

http://www.emdef.org/laws_and_cases.html

- - - - - - - - - - - - - - - - - - - - - - - - - - - -

Electronic Music Defense and Education Fund - EM:DEF

Visit us: <http://www.emdef.org>

Email us: <mailto:[email protected]>

Donate: <http://www.emdef.org/contribute.html>

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i reposted the stuff about the CARP recommendations below. . .

For a quick and easy way to support the cause click

on the link below to send an automated fax. I use internet radio all the time and have already sent in my fax. Please do the same... it literally takes less than a minute.

Go here:

http://broadcastpromotions.net/carp/

Read the letter and then follow the directions at the bottom of the page

Originally posted by scratchapella

The electronic music industry depends heavily on the use

of streaming audio (webcasting) to promote and distribute music. The Selekta has been doing live broadcasts for quite some time, and our archivedaudio database is made up of mixes by artists from across the globe. In all, our online audio reaches tens of thousands of dance music fans each andevery month.

The Selekta is not organized as a for-profit venture with sole goals on making money by exploiting artists and DJs, nor by mass-merchandising. Our primary goal, like many Web-based media companies, is to distribute quality information to our readers and to serve as a spring board for DJs and producers from around the world. The Selekta is indeed "All about themusic."

Without going into a lot of detail in this letter, we are asking that

everyone who uses the Internet for the sake of listening to music, or learning about those people that work every day to produce tunes for your pleasure, to PLEASE read and understand what has become knows as "The CARP recommendations."

In the near future, The United States Copyright Office is scheduled to make a decision a recommendation of an executive group called the Copyright Arbitration Royalty Panel. These recommendations will destroy the ability for small companies and promotional groups to stream audio via the Internet. If approved, these recommendations will literally wipe out your ability to listen to the music you love. The only people that will be able to do internet broadcasting of copyrighted music will be major radio stations and record labels --- Big business will win, and everyone else (including you) will lose.

We at The Selekta never ask for anything in return from the scene and cornerof the music industry that we support so heavily. However, we are pleadingwith you to take 5 minutes of your time to look up the contact information for your United States Congress and Senate members and to CALL THEIR OFFICES to express your concern over this legislation. It might take 5 minutes and a few dollars in long distance, but the effect it can have on the future of the Internet and the music industry is huge.

You can find detailed information to help you become informed about this important matter (CARP) at save internet radio web site: http://www.saveinternetradio.org

To contact your legislative representatives, please visit

http://www.congress.org.

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