MUSIC PROMOTERS FEAR ANTI-DRUG CLAUSE

They Say It Could Bring Crackdowns On Many Events

Buried deep within the 118-page Amber Alert bill is a provision that has
brought fear to the music and entertainment industry.

The bill, designed to heighten public awareness of missing children, also
includes a provision that would make it easier to prosecute club owners and
promoters who sponsor events where there is drug use.

The provision would prohibit an individual from knowingly "making available
for use, or profiting from any place for the purpose of manufacturing,
distributing, or using any controlled substance, and for other purposes."

The bill was conceived to expand the so-called crack-house law passed in
1986, to crack down on rave parties where drug use is rampant. But some say
the wording of the proposed law is so broad that anyone could be targeted.

"All you have to do is prove drug use is going on at an establishment to go
after the organizers," said Bill Piper, spokesman for Drug Policy Alliance.
"In theory, they could go after you if one person smokes marijuana at your
barbecue, the law is written so loosely, you could face 20 years in jail and
a half-million-dollar fine."

Chip Unruhe, a spokesman for the bill's primary sponsor, Sen. Joe Biden,
D-Delaware, said opponents' fears are a result of misinformation.

"The bill is really a common-sense tool for prosecutors to go after
unscrupulous promoters" who endanger kids for profit, he said.

California Sen. Dianne Feinstein co-sponsored the bill but could not be
reached for comment.

The crack-house law has been around since 1986. Last year, Biden and others
tried to pass the RAVE Act -- Reducing Americans' Vulnerability to Ecstasy
- -- which failed. A version of the RAVE Act was proposed in the Senate and
House this year as the Illicit Drug Anti-Proliferation Act, the text of
which has been added in the provision to the Amber Alert bill.

The RAVE Act originally was conceived to bolster the crack-house law. It
specifically was in response to a case in New Orleans where hospital workers
complained of an increase in the number of overdosed patients each time a
particular promoter held an event, Unruhe said. The judge in that case
wanted a more specific law on the books.

The crack-house law applies to an indoor space used repeatedly for the use,
sale or manufacture of drugs. In contrast, the provision in the Amber Alert
bill can be applied to a one-time event such as a party at a private home or
in a vacant field, or outside events such as concerts. It could even
conceivably apply to a party held in a rented church basement.

The provision is meant to target club owners who shut off water supplies to
sell overpriced water to dehydrated drug users, Unruhe said. Another
potential target would be club owners who instruct ambulance drivers to take
patients to cross-town hospitals to avoid having those who overdose being
connected to particular events. Unruhe said he had heard of such tactics.

Unruhe emphasized the bill is not intended to stop music or dancing.

Piper said the crack-house law already deals with the kind of situations
Unruhe describes. And current drug laws allow the prosecution of those who
use or deal drugs. But the new provision isn't about cracking down on drugs,
Piper said. "It's the events they don't like."

He said the law doesn't protect innocent club owners and lowers the bar on
proving knowledge or endorsement of drug use.

A common fear, he said, is that prosecutors will argue the sale of glow
sticks and bottled water -- often associated with dancing at raves but also
with the use of the drug ecstasy, MDMA -- or the presence of trained
paramedics will prove "knowledge and encouragement" of drug use.

These were part of the evidence in two recent crack-house cases, said Piper,
including the one in New Orleans, which led to the creation of the RAVE Act.

Hans Riemer, of Rock the Vote, said the bill could be a "blanket attack on
youth culture."

Piper also fears political rallies, hip-hop shows, gay and lesbian clubs,
marijuana legalization events and other "politically incorrect" gatherings
could be next on the list.

Although the bill has raised concerns in the industry, few local club owners
had heard of it, including representatives from Nicholby's, Ventura Theater
and Seaside Park.

But Piper said he doesn't think that will be the case for long. He is
getting calls from worried promoters, nightclub owners and people associated
with the electronic music scene. He expects opposition to grow fast.