JUDGE THROWS OUT BAN ON RAVE GEAR

Pacifiers, Glow Sticks Are Legal

Banning pacifiers and glow sticks in an effort to curb drug use at
all-night raves violates free speech and does not further the government's
war on drugs, a federal judge has ruled in permanently blocking federal
agents from enforcing the ban.

The ban on legal items often used to enhance highs produced by the drug
Ecstasy was part of an agreement last summer in which a company that
sponsored raves at New Orleans' State Palace Theater pleaded guilty to
violating the "crack house" law that makes using a building for selling and
taking drugs a federal crime.

The American Civil Liberties Union, though, said the ban was
unconstitutional and challenged it in federal court. After the suit was
filed last year, U.S. District Judge G. Thomas Porteous issued a temporary
restraining order preventing the ban from taking effect.

Porteous issued a 12-page ruling Monday that sided with the ACLU in its
attack on the ban. Porteous said that though the government's method of
reducing or eliminating widespread use of Ecstasy at raves is "pure," it
doesn't pass constitutional muster.

"The government cannot keep legal items out of places because of illegal
activities they associate with those items," Porteous said, making
permanent a temporary order he issued in August.

Porteous ordered the government not to enforce a section of the plea
agreement it reached last summer with Barbecue of New Orleans, whose
president, Robert Brunet, 37, of Metairie, is a key rave promoter. Barbecue
pleaded guilty to the "crack house" violation, was fined $100,000 and
agreed to ban supposedly drug-related items from future raves.

ACLU officials lauded Porteous' ruling as a major victory for free speech.

"Today's decision should send a message to government that the way to
combat illegal substance abuse is not through intimidation and nonsensical
laws," said Graham Boyd, director of the ACLU's Drug Policy Litigation
Project, which challenged the ban on behalf of rave enthusiasts and performers.

Acting U.S. Attorney Jim Letten agreed that Porteous had handed the
government an "adverse ruling" that prosecutors may appeal.

But Letten noted that though Porteous faulted the "mechanics" the
government used to achieve its goal, the judge said elimination of Ecstasy
use at the State Palace during raves is a "substantial government interest."

Ecstasy users sometimes chew on pacifiers to alleviate teeth grinding,
which can occur when taking the drug. Dust masks are often used with
inhalants to heighten the drug's effects.

Prosecutors claimed raves are often hotbeds of drug abuse, particularly for
Ecstasy, and that glow sticks and other items are paraphernalia. Ravers
interviewed in August said pacifiers are adornments symbolizing youthful
ideals.