APPEALS COURT APPROVES RESTRICTIONS ON RAVES

NEW ORLEANS - Federal prosecutors hailed a federal appeals court ruling
Friday as a victory in their efforts to curb illegal drug use at high
energy, all-night dance parties known as raves.

The 5th U.S. Circuit Court of Appeals ruled that an agreement, worked out
between the government and a rave club in New Orleans, can be enforced
although it bans legal playthings like giant pacifiers, glow sticks and
mentholated inhalers.

Prosecutors say the stuff is ecstasy paraphernalia that promotes illegal
drug use.

In 2001, federal prosecutors said the case was the first use of crackhouse
laws against rave operators, who prosecutors said promote drug use by
selling the paraphernalia.

Enforcing the ban was "in the public interest to save lives," U.S. Attorney
Jim Letten said at a news conference on Friday. "I don't know how many kids
are alive and walking around today because of this."

In August 2001, the agreement was challenged by the American Civil
Liberties Union on behalf of rave participants and performers who used
glowing masks and costumes in their performances.

The plaintiffs argued that the ban violated their constitutional rights.

U.S. District Judge Thomas Porteous agreed with the ACLU and ruled that the
restrictions violated the First Amendment rights of rave participants.

But the appeals court said the lower court ruling "violated the principles
of finality" of federal criminal procedures and the "principles of judicial
restraint and the separation of powers."

"If the government wants to combat illegal substance abuse they shouldn't
do it through some type of plea agreement that has a criminal defendant
violating the general public's rights - the freedom of expression, or any
right for that matter," said Joe Cook, the state director of the ACLU.

"We still believe that they should not ban inherently legal objects that
are used in expressive communication because a few people use the same
legal items to enhance the effects of an illegal substance," Cook said.

The plea agreement, announced in June 2001, came after prosecutors had the
rave organizers and promoter indicted under federal laws aimed at shutting
down crack houses.

The plea agreement protected the Brunets and Estopinal from criminal
charges. Their company, Barbeque of New Orleans, pleaded guilty to the
crackhouse violation, was fined $100,000 and agreed to ban the supposedly
drug-related items from future raves. The company leased a downtown theater
to hold the parties.

According to federal prosecutors, between December 1997 and March 2000,
more than 70 people overdosed on drugs at the club, called the State Palace
Theater, and one 17-year-old died.

The appeals court noted that drug abuse at the club appeared to decrease
after the organizers implemented restrictions.