Keebler~Elf

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Electronic Music Defense and Education Fund
December 27th, 2001 - EM:DEF Newsletter


1. A.C.L.U. Takes Feds to Court in New Orleans
2. D.E.A. Administrator Asa Hutchinson Renews War on Clubs
3. Last Major EM:DEF Fund Raiser of the Year
4. Emanuel Sferios, Founder of DanceSafe, Resigns
5. EM:DEF's Year End Message



1. A.C.L.U. Takes Feds to Court in New Orleans

On Monday, December 10th, the A.C.L.U. presented it's case that the plea
agreement in the New Orleans State Palace Theater case was
unconstitutional and violated ravers rights. At issue was the part of
the plea arraignment that required the State Palace to "take all
reasonable steps to prohibit the introduction of infant pacifiers or any
object in the shape of a pacifier, objects that glow, including but not
limited to glow sticks and flashing rings, vapor rub products and vapor
inhalers, dust masks or masks of any description by any person."

The A.C.L.U. argued that the aforementioned items are all perfectly
legal to own and possess and that if patrons wanted to bring these items
to events at the State Palace it was their right under the First
amendment's freedom of expression guarantee. The A.C.L.U. further
argued that confiscating these items was a violation of the Fourth and
Fifth amendments protecting citizens from unreasonable search and
seizure of legally possessed items. The government brought in a doctor
and two D.E.A. agents who argued that these items are "paraphernalia" of
ecstasy use.

U.S. District Judge Thomas Porteous Jr. didn't make a final ruling in
the one day trial. Judge Porteous said he would make his final ruling
based on constitutional grounds only, and instructed both sides to
submit written arguments to him by January 10th, 2002.

New Orleans Times-Picayune story by Gwen Filosa:
http://www.nola.com/news/t-p/neworl...ory/rave18.html

A.C.L.U.'s info on the case:
http://www.aclu.org/issues/drugpoli...v_Ashcroft.html



2. D.E.A. Administrator Asa Hutchinson Renews War on Clubs

Appearing before the Senate Caucus on International Narcotics Control on
December 4th, D.E.A. head Asa Hutchinson blasted raves and rave
promoters - blaming them for the proliferation and increased use of
"club drugs." Claiming that "huge profits blind them to the tragic
consequences of club drug abuse" Hutchinson said that the D.E.A. would
"work with our state, local, and foreign counterparts to develop new and
innovative strategies against unscrupulous rave promoters."

In his testimony, Hutchinson also expanded the definition of what
constitutes a "rave." Apparently now it's not just techno music that
drives these "Drug Taking Festivals" - but also "'industrial' or other
forms of pulsating music." Also expanded was the list of items that the
D.E.A. considers to be "paraphernalia." In addition to water, glow
sticks, pacifiers, dust masks, and vapor rub -- Hutchinson said eye
drops, juice, sports drinks, soft drinks, Skittles and M&Ms are also
"paraphernalia."

Topping the list of what the D.E.A. Administrator called "successful
cases" was the State Palace Theater investigation -- calling it "an
excellent model of law enforcement’s resourcefulness in addressing the
threat of club drugs."
In addition to using the "crack house" statute, Hutchinson cited other
strategies to shutdown raves and nightclubs such as using local health
codes or nuisance abatement ordinances. EM:DEF is deeply troubled by
this apparent stategy of shutting down nightclubs and raves as a means
to control drug use.

Full text of Asa Hutchinson's Congressional Testimony:
http://www.usdoj.gov/dea/pubs/cngrtest/ct120401.html


3. Last Major EM:DEF Fund Raiser of the Year

BuzzLife at Nation, Washington, DC - December 28, 2001
This Buzz DC event will feature Chris Fortier (Orlando), Dave Ralph
(UK), B.L.I.M. (UK), Alex Whalen (DC), Oron (Baltimore), and Smalls
(DC). Buzz is held every Friday night from 10pm to 6am at Nation
nightclub. One dollar from each ticket will be donated to EM:DEF. Buzz
was voted the #1 club in America by Urb Magazine -- it's size alone
exceeds any club in the DC area with two huge rooms of music and a
multi-level outdoor patio deck, eight full service bars, and a skybox 30
feet above the crowd. Admission: $12 before 11pm, $15 after. 18 + over.

BuzzLife website:
http://www.buzzlife.com/buzzdc/page...&datex=12/28/01


4. Emanuel Sferios, Founder of DanceSafe, Resigns

"Three years ago this month I began writing my first ever web page. I
had purchased www.harmreduction.net and was preparing to launch an
ecstasy laboratory pill analysis program. In February, 1999 the site
went up. It was called the Ecstasy Harm Reduction Project (EHRP). I sent
in the first seven tablets to the lab myself, and paid the $100 lab fees
for each pill."

"Four months later I went to my first rave, with an ecstasy harm
reduction pamphlet I had written and an ecstasy testing kit I purchased
from the Green Party in England. I tested 200 pills that night, at the
Home Base warehouse in Oakland. Two weeks later, with a core group of
volunteers now helping out, we came up with the name 'DanceSafe.'"

"The rest is history."

"Now, after the most amazing three years of my life, I am submitting my
resignation letter. It's time for me to move on. My life has been
blessed in meeting and working with all the people who have made
DanceSafe what it is today."

"DanceSafe has grown beyond my wildest expectations. I am proud to be
its founder, and to have served as its director and media spokesperson
for the first years. A few weeks ago I turned the organiztion over to a
board of directors consisting of members of our local chapters. I look
forward to watching DanceSafe's continued growth as these courageous
poineers move the organization into the future."

"Thank you everyone!"

-- Emanuel Sferios


5. EM:DEF's Year End Message

EM:DEF would like to thank everyone who has contributed their time
and/or money to help us defend the electronic music scene. We are
especially grateful for the help and support of the Lindesmith Center
and the American Civil Liberties Union.

The staff at EM:DEF wishes everyone a happy and safe New Year!


============================================
EM:DEF - Electronic Music Defense and Education Fund
mail us: <mailto:emdef@emdef.org>
visit us: <http://www.emdef.org/index.html>
donate: <http://www.emdef.org/contribute.html>
link us: <http://www.emdef.org/contribute.html#LinkToUs>
============================================

Keebler~Elf

This is an amazing organization people. It tends to focus on the States, but the issues we're experiencing should be of interest to everyone with even a slight involvement in the rave/club scene. The fact that a grown man can stand up and passionately argue that a Skittle candy should be considered a legally binding indication of illegal drug use makes me sad, frustrated, and angry.


Share what you know. Learn what you don't.


Keebs

Psychick

Thank you for posting that

I agree that the recent legal problems are ridiculous. People who don't understand something should not pretend that they do.

We are basically being persecuted because our beliefs do not match the beliefs of those in power.

~Jenn

__________________
I <3 Poemi & Carl

I beat the internet....the end guy was hard

Psychick & J-Karlos & Termeric | The Cyber Lepers of the Future

anyone who's anyone knows who deek is ... you're all internet stars

Tech-Step freak

Agreed. I'm glad I-Dance was such a success this year as well. We need organizations like these to keep things alive. I feel we are fortunate however, as these problems seem to be bigger issues in the states.......which is fine by me.

Keebler~Elf

tampon tubes?


Electronic Music Defense and Education Fund
January 14th, 2002 - EMEF Newsletter
(1) New Orleans "Crack House" Case - One Year Later
(2) California - Pending Legislation on Scheduling and Use of MDMA
(3) Illinois - New Year Brings New Law and New Penalties for MDMA
(4) EMEF "Anti-Rave" Law Database
==============================================
(1) New Orleans "Crack House" Case - One Year Later
One year ago this week, the federal government launched an unprecedented attack against the electronic music scene by indicting three men who promoted electronic music concerts at the State Palace Theater in New Orleans. Robert Brunet, Brian Brunet, and James Estopinal (aka Disco Donnie) were charged with violating a 1986 law intended to shutdown crack houses - not because they were involved with drugs - but because
they were involved with raves. Shortly after their indictments
prosecutors warned that anyone who uses the word "rave" to market an event could be inviting a federal investigation.
ABC News story from January 13th, 2001:
http://www.abcnews.go.com/sections/...aves010112.html
==============================================
(2) California Bill: MDMA "Under the Influence" Mandatory 90 Days
A bill has been introduced to the California Senate and House that would require anyone convicted of being "under the influence" of MDMA to serve at least 90 days in county jail. The 90 day sentence would be a "mandatory minimum" and could not be reduced by a judge or court. EMEF is concerned this legislation could lead to "raver profiling." Numerous government publications (see links below) describe MDMA as a
"club drug" and associate it's use as being virtually synonymous with raves. Many of these same publications list glow sticks, pacifiers, beads, and other items associated with rave culture, as "paraphernalia" of MDMA use. The Lindesmith Center has set up a web page with more information on this pending legislation; EMEF is a project of the Lindesmith Center.
"Drugs like MDMA, ketamine, GHB, Rohypnol, and LSD-known collectively as "club drugs" -- are an integral part of the rave culture."
-- Information Bulletin - Raves (NDIC)
http://www.usdoj.gov/ndic/pubs/656/656t.htm
"Club drugs are being used by young adults at all-night dance parties such as "raves" or "trances," dance clubs, and bars." -- Clubdrugs.org Homepage
http://www.clubdrugs.org
Lindesmith - DPF Action Center:
http://www.drugpolicy.org/action
==============================================
(3) Illinois - New Year Brings New Law and New Penalties for MDMA
On January 1st, 2002, a new law took effect in Illinois that mandates a minimum 6 years in prison for anyone convicted of "possession with intent to distribute" 15 or more "hits" of MDMA. In an August 2001 press release, Illinois State Representative Lee Daniels, sponsor of the new law, characterizes MDMA as a "club drug" that has caused fatalities at "raves." EMEF is concerned that the new law may be used to target or profile ravers, especially in light of materials distributed by
Illinois law enforcement agencies. In January of 2001, Illinois police made and distributed a "Rave/Club Drug" presentation (in Microsoft Power Point format) to "spread the word
about these dangerous drugs." In the presentation, "club drugs" are defined as "drugs being used by young adults at dance clubs, bars, and all night dance parties known as 'RAVES'." One frame titled "Signs of Ecstasy Use" lists baby pacifiers, candy suckers, Vicks Vapor Rub, glow sticks, and "returning home very late" as possible indicators of MDMA use. Another frame titled "MDMA (Ecstasy) Paraphernalia" added tampon tubes to the ever-growing list of items the police want to consider drug
paraphernalia.

August 2001 Press Release, Illinois State Rep. Lee Daniels:
http://www.leedaniels.com/release_0...asysigning.html

"Rave/Club Drug" Power Point presentation (3MB zip file):
http://www.lakecountymeg.org/Downlo...resentation.zip

Text of Illinois Law:
http://www.legis.state.il.us/public...ts/92-0256.html
==============================================
(4) EMEF "Anti-Rave" Law Database
EMEF needs your help. EMEF is creating an online database of "anti-rave" laws and pending legislation at the city, county, parish, state, or federal level. If you are aware of any new or pending laws that may adversely effect the electronic dance music scene, please contact us at the email address below. Please include the city, county/parish, or state, and as much information as you know about the law or pending legislation (a url to a government site or newspaper article would be ideal.)<mailto:newlaw@emdef.org>

EMEF - Electronic Music Defense and Education Fund
==============================================
mail us: <mailto:emdef@emdef.org>Visit us: <http://www.emdef.org/index.html>
Donate: <http://www.emdef.org/contribute.html>
Link us: <http://www.emdef.org/contribute.html#LinkToUs>

Keebler~Elf

Anyone with the ability should download that Power Point presentation. . .and that's all I can really say about it.

You'll understand when you see it.