BUST-HAPPY COPS IN RACINE?

More Fallout From A Now-Infamous Halloween Raid

What began as a Halloween fund-raiser for one of Racine's oldest theaters
became a cash cow for the city's Police Department Nov. 2 when more than
400 people were issued $1,000 citations for being "patrons of a disorderly
house."

In the aftermath of the Haunted House benefit busts, however, the American
Civil Liberties Union of Wisconsin and other critics are crying rave
paranoia-and hinting that a flood of ticket challenges could clog and
embarrass Racine's City Hall.

"We've never received as many complaints for a single event as we have with
the Racine case," says ACLU of Wisconsin Executive Director Chris Ahmuty.
The local chapter will be working with the national organization's National
Drug Policy Task Force since the citations may violate Fifth Amendment
protections against unreasonable search and seizure.

"The problem with giving out hundreds of these tickets is that it makes
these people guilty by association."

The ACLU has already collected more than 190 detailed complaint reports
from cited citizens, says Ahmuty. He also claims the Racine Police
Department didn't do enough to distinguish those breaking the law from
those abiding by it.

"Whether you were engaged in any illegal activity, like possession of a
controlled substance, or just there to check out the scene, it seems like
it's all the same to (the police)," Ahmuty says.

The raid has also drawn the ire of the Green Party of Kenosha and Racine,
which last week demanded an independent investigation of police actions.

How It All Started

After receiving a tip from the U.S. Customs Service about a party or
techno-tuned "rave," two undercover Racine officers slipped into the Uptown
Theatre's 2nd Annual Haunted House Party at a local banquet hall near the
theater.

There, the officers bought Ecstasy and the anesthetic, ketamine, from a
21-year-old man and arrested him, along with two others, on drug-possession
charges.

Police reports also state that small amounts of marijuana and cocaine were
found around the banquet hall, which is connected to and operated by the
owners of the Tradewinds Bar on Washington Avenue.

But instead of simply taking away the pot-possessors and drug dealers and
letting the rest of the peaceful partygoers enjoy the night, police
proceeded with four hours of ticket tyranny, Uptown Theatre officials and
party promoters insist.

By the time the last ticket was written, 445 people-who paid $15 for an
event they thought would benefit theater-restoration efforts-were labeled
by police as law-breakers because they were "knowingly found within a
disorderly house," which violates a city ordinance.

"It doesn't make any sense to hold hundreds of people accountable for the
actions of a few," says Ryan Clancy, a party promoter and the recently
appointed spokesperson for the Uptown Theatre, which has since been swamped
by local and national media coverage-most of it strongly, but comically,
critical of the ticket volume.

"In any large group, some people are going to be doing something they
shouldn't, but to hold everyone accountable for the actions of those
law-breakers is ridiculous," Clancy continues. "They don't arrest everyone
at Summerfest because a couple dozen people have too much to drink and get
out of control."

But according to Police Department spokesman Sgt. William Macemon, the
mountain of tickets was justified by illegal drug use that was so rampant
that none of the partygoers can claim ignorance as a defense.

"If these undercover officers can see these things going on, then anyone
else at the party can also see it," Macemon says. "And once they see it and
don't leave, that's when they're contributing to the problem by knowing
that these violations are occurring."

The "disorderly house" violation is most commonly used for "underage
drinking parties and after-sets," Macemon notes. When asked about those who
claim to have been unaware of illegal activity, he replies: "That's a
determination for the courts. What we've done is developed probable cause.
If someone had just arrived, went straight to the corner and stared at the
wall, and they think they're innocent or are innocent, it's within their
rights to contest the tickets in court."

Because so many tickets were issued, Macemon says court dates have been
staggered, beginning Dec. 2 and continuing through the end of 2002. Most of
those cited are from Milwaukee or Chicago and are between 17 and 25 years old.

Macemon explains that his officers didn't bother writing tickets for curfew
and other violations-or search everyone for drugs-because, "We were trying
to make everyone as comfortable as possible. We didn't want anyone to sit
there longer than they had to."

Crushing the Culture?

One performer at the event, Steven Pucci-known best by his musical moniker,
DJ IPX-says the tickets weren't only an attack on those in attendance that
night, but also on the rave culture in general, and he predicts the bust
will deter people from future events.

And with such a large number of people ticketed while only three were
arrested, Ahmuty adds that the department's apparent overreaction may be a
sign of a deeper problem: "It's almost as if [the Racine Police Department]
was giving out tickets because of who these people are."

The Uptown's Clancy adds that the media has often unfairly coupled raves
and ravers with illegal drug use, which has led to police profiling,
exaggerated scrutiny and a confrontational attitude.

"They're profiling these events because of how the media has portrayed
them," Clancy says, adding that even party promoters like himself "aren't
even sure what defines a rave." The only common denominators are loud,
electronic music, light shows and "lots of people dancing," says Clancy.

Clancy also believes that raves' bad reputation comes not from unbridled
drug use, "but because of the perception that people are only going to
these events for drugs." Most ravers aren't drug addicts, but dance
addicts, he insists.

The stereotype, however, has found its way into training procedures for the
Racine Police Department, Sgt. Macemon admits: "In our training, what
qualifies a party as a rave party versus just a music party is the use of
club drugs, especially Ecstasy."

And, while the number of tickets written on that cool fall night was not
intended as a general rave wake-up call, it might still benefit Racine
residents, Macemon claims.

"The number of tickets has nothing to do with any message or anything; we
saw violations, and we believe everyone was violating the ordinance-that's
why everyone got a ticket," he says. "But if a side benefit is that people
don't conduct raves and bring things like Ecstasy into the city, that's
fine too."

Macemon admits, however, that Racine doesn't have a widespread Ectasy or
party-drug problem, adding, "We've run across it a few times ... (and)
we'll be keeping an eye on it."

Mass Ticket Challenges

Party promoters and the Uptown Theatre Group, meanwhile, say they booked
DJs and electronic music at the Haunted House party for financial reasons
and not to promote illegal activity,

Explains Gary Thompson, executive director of the Uptown Theatre Group,
which began restoring the 74-year-old theater last year: "We felt it would
draw the largest amount of people and, from a ticket-selling standpoint, we
would generate the most revenue."

Thompson says the party was intended to be the climax of a month-long
fund-raising effort. The event was advertised for weeks and was originally
planned for the theater-until the day before the party, when police advised
that an occupancy permit did not allow music there.

Thompson sees that as an attempt to shut down the party down before it
started, which he says was frustrating because so many volunteers had
worked so hard decorating the theater. At the last minute, the Uptown group
was able to book the Tradewinds Bar and Banquet Hall.

In the wake of the police round-up, Thompson says that just as the Uptown
group got more than it expected, the City of Racine might get more than it
bargained for if those ticketed decide to take their cases to court.

"I don't think the City of Racine has fully realized what their police
department has done," he says. "These tickets are municipal violations,
like speeding tickets, but people still have a right to request a jury
trial. So, if 445 people request a jury trial, not only will that clog up
and freeze the Racine municipal court system, it will also cost taxpayers
more than a million dollars to try and collect the $400,000 in frivolous
fines, which will probably end up getting thrown out anyway."

No matter what the outcome is, who pays the fines or whether they are
dismissed, Clancy insists that the Racine Police Department handled the
situation inappropriately.

"You can probably find drugs anywhere, if you look hard enough," he says.
"You can find them at a bar, at a rave or even at a school. But you don't
see police shutting down schools and ticketing all the students. Instead,
they're working with the authorities and officials to make sure there
aren't drugs there, which is the approach that should have been taken here."