The legislation widely
referred to as the "RAVE" Act passed through both
houses of Congress as
an attachment to an unrelated child abduction - AMBER
Alert bill (S151). The
"RAVE" Act had not passed a single committee this
year. In addition, it
was so controversial when it was introduced during the
107th Congress that two
Senators withdrew their sponsorship. The "RAVE" Act
essentially makes it
easier for the federal government to prosecute innocent
business owners for the
drug offenses of their customers - even if they take
steps to stop such activity.
Due to overwhelming opposition
to the "RAVE" Act when it was first
introduced, legislators
were forced to remove some of the most egregious
language before it passed.
For example, the word "rave" was removed from
this version of the bill.
Also, the original bill suggested that prosecutors
should view the sale
of water and the presence of glow-sticks or massage oil
as evidence of drug use.
These preposterous "findings" were removed in large
part due to activists
who sent nearly 30,000 faxes to their Senators between
January and April 2003,
urging them not to support such dangerous
legislation. The AMBER
Alert bill with the modified "RAVE" Act attachment
was signed into law by
President Bush on April 30, 2003.
Why did this bill pass
without hearings? Because our congresspersons and
senators are scared to
death of being perceived as soft on crime. They
wanted to get the amber
alert bill passed and were going to put up with any
rag tag legislation that
got tacked on to do it. The sponsors of the
legislation took advantage
of Congress' innate inability to vote against
anything that might "save
the children" to win passage of measures destined
to cause pain and misery
for untold numbers of adult partygoers, club
owners, event organizers
and criminal defendants
Under the RAVE Act, anyone
who organizes an event or owns a venue where
someone uses an illegal
drug can be held liable for that drug use. Although
expressly crafted and
advanced as an attack on the rave culture, the bill's
implications are frighteningly
broad.
It could be used against
promoters of hemp fests, rock concert promoters or
even -- in theory --
against professional sports franchises if fans are
smoking joints in the
stands
Under the terms of the
RAVE Act, anyone who organizes or owns a venue for a
rave, concert or nightclub
where anyone uses an illegal drug can be held
responsible for any harm
that results from the illegal drug use. In other
words, a nightclub owner
could be fined and thrown in federal prison if
someone drops "E" in
his club and then drives off a cliff. But it gets
worse. Even that
40th birthday dance you've been dreaming about having
could end with SWAT teams
crashing through windows armed with high-powered
odor-eaters and a warrant
for your arrest. All because someone at your event
was doing drugs--even
if you didn't actually know about it. After you pay a
fine in accordance with
Title 18 of the United States Code, we'll see ya
when you get out of the
slammer--in about nine years or so.
The Rave Act has the
force to stop licensed and law-abiding business owners
from hosting events out
of fear of massive fines and prison sentences. It
would amend the federal
"crack house law" to make it easier for federal
prosecutors to fine and
imprison business owners that fail to stop drug
offenses from occurring.
Businessmen and women could be prosecuted even if
they were not involved
in drugs - and even if they took steps to stop drug
use on their property.
Although proponents of the bill are seeking to target
raves (and DJs, nightclub
owners, and rave promoters have the most to fear),
the law would apply to
any business owner, including bar owners, motel
owners, concert promoters,
and cruise ship owners. Because of its broad
language, the proposed
law would even potentially subject people to time in
federal prison if guests
smoked marijuana at their party or barbecue.
Another reminder that
our Federal government is not always looking out for
the best interests of
its citizens in proposing and passing legislation. We
must maintain our diligence
in becoming aware of these assaults on our
liberties so that effective
opposition can be organized BEFORE such onerous
and draconian bills become
the law of the land.
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