DRUG BILL MAKES BANDS PAY FOR FANS' POT USE

Promoters, Vendors Could Also Face Fines, Jail for Audience Substance Abuse

So you're at a music show, let's say Dave Matthews Band, when the
unmistakable smell of marijuana wafts your way.

It's a scenario familiar to people who attend concerts regularly; there's
always somebody in the crowd who sneaks an illegal substance past security.

Under the terms of an anti-drug bill being considered by Congress, Dave
Matthews, his band, the show promoter, the bartender, and even the guy who
sells T-shirts could all be fined or jailed for that fan's joint.

The bill, known as The CLEAN-UP Act, has alarmed concert promoters,
musicians, deejays and nightclub owners across the nation. As the summer
concert season swings into high gear, they're fretting about the bill,
which they describe as an overly broad piece of legislation that could put
them out of business and strangle live music.

"It is pretty scary to think I could end up in jail for somebody (using
illegal drugs) at one of my shows," said Santa Fe promoter James Lenfestey,
who has brought acts like Ozomatli, Brave Combo and Steve Earle to venues
in the capital in the past year. "I am just putting on a show, man. I try
to do so in safe and secure environments, but making me responsible for the
activities of 300, 800 or 3,000 other people? Please."

The bill, officially known as H.R. 834, is so controversial that small
promoters like Lenfestey and gigantic ones like Clear Channel are, for
once, on the same side of an issue.

"We are watching the legislation closely, as we are concerned it may hold
companies that present live entertainment accountable for the behavior of
individuals," said Michael Ruthig, vice president of national public
relations for Clear Channel.

The ACLU and trade groups representing bars, nightclubs and arena managers
have sent letters to Congress warning that the CLEAN-UP Act threatens free
speech and business owners.

124 Co-Sponsors

The CLEAN-UP Act was introduced last year by U.S. Rep. Doug Ose, a
California Republican, to fight the country's growing methamphetamine
problem. The bill would provide $60 million in federal money for cleaning
up the toxic waste left by meth labs, $31 million for education and
treatment of meth addicts, and additional funds for the Drug Enforcement
Agency and the Department of Justice.

The provision making promoters and musicians liable for their customers'
drug use is contained farther down in the bill, in section 305.

"Most of the bill is a good bill," said Bill Piper, associate director of
national affairs for the Drug Policy Alliance, a Washington, D.C.-based
group lobbying for drug policy reform. "This one provision is problematic."

The CLEAN-UP Act has a good shot at being approved by the House, Piper
said, because 124 lawmakers from both parties have signed on as
co-sponsors. Among the supporters are two New Mexico congressional
representatives: U.S. Rep. Heather Wilson, a Republican, and U.S. Rep. Tom
Udall, a Democrat.

Opponents worry that Ose, who is not running for re-election this fall, may
try to attach the bill to a popular piece of legislation and force it
through the House as the final act of his congressional tenure.

"If he does that, there's not much we can do to stop it," Piper said.

Megan Taormino, Ose's press secretary, did not return phone calls seeking
comment. Nor did Ose's legislative director, Bert English.

Aiming to Amend

But both of the bill's New Mexico co-sponsors say that, after hearing from
constituents, they believe the bill -- specifically the section regarding
drug use at live music shows -- is flawed.

"The provision is unduly broad and unfairly targets professional promoters
of legitimate entertainment events," said Glen Loveland, Udall's press
secretary, in an e-mail.

In a letter to constituents last month, Wilson said she thought Section 305
was too loosely worded and would punish the innocent along with the guilty.
"I still strongly support the main elements of the bill to address (the
illegal drug distribution) problem, but this paragraph does need cleaning
up," she wrote.

Neither Wilson nor Udall is dropping co-sponsorship for the bill, because
both feel the good of H.R. 834 outweighs the bad. They say they also
believe the problematic portion of the bill can be reworded or dropped as
it wends its way through the maze of House subcommittees.

"We will be more effective at attempting to amend the bill as a
co-sponsor," Loveland said.

A second, similar bill, The Ecstasy Awareness Act, targets the promoters of
raves and electronica music shows and makes them liable for drug use at
their events. It's stirring fewer worries among concert promoters because,
with just seven co-sponsors, it has little chance of being approved by
Congress.

That doesn't make Austin-based electronica deejay D:Fuse feel any better.

He's been speaking out against both pieces of legislation at shows across
the country, and last month he did a benefit show for the Drug Policy
Alliance at the Santa Fe nightclub Swig.

"We're not advocating drug use, but let's get real, it's everywhere in
society," D:Fuse said. "This is draconian legislation that is really about
taking everybody's freedom away."