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Legal Defense of Electronic Music

In recent years electronic music has grown into a powerful and multifaceted artistic movement. Raves and related dance events have become an integral part of this movement incorporating deejays, unselfconscious dancers, and various performers employing an array of visual technologies for the benefit of the audience.

As with rock and jazz concerts and many other cultural events, an element of drug use has accompanied some electronic music performances and raves. However, unlike most other musical events, electronic music parties have been targeted for eradication by law enforcement. Indeed, it is the official position of the federal Drug Enforcement Administration that a rave is nothing more than a venue for drug sales, distribution and use, and based on this premise, it has sought to criminally prosecute electronic music concert promoters under the federal "crack house" statute. Under the guise of drug control, federal government officials are crafting legislation to restrict or prohibit electronic music dance events and encouraging state and local officials to do the same - such as the Ecstasy Prevention Act  and more recently, the RAVE Act. The targeting of dance culture by the government has led to number of drugs being commonly referred to as "club drugs" - e.g., ketamine, ecstasy (MDMA), GHB, and cocaine - even though the use of such drugs within electronic music community is neither widespread nor disproportionate to the consumption of these drugs by other communities or in other settings.

Unfortunately, the law enforcement crackdown on raves and related events has made the electronic music scene more, not less dangerous for participants. Common sense health precautions, long-undertaken by promoters of large public events, including first aid centers, "chill-out rooms", bottled water, and ambulances on stand-by, have drawn the ire of law enforcement officials when provided in connection with electronic music events. Other potentially life-saving and harm reduction activities, such as Dancesafe's on-site pill testing, have been declared illegal by some jurisdictions. The net force and effect of such law enforcement measures is to drive electronic music events underground, increasing the chance that youth will engage in risky behavior, while decreasing the opportunity for appropriate and timely medical intervention if drug-related problems do arise.

Drug Policy Alliance is addressing the rave crackdown in a number of ways. It has established an organization call the Electronic Music Defense and Education Fund. In 2002 and 2003 the Alliance, with the help of its supporters, led an aggressive campaign against the RAVE Act, various house and senate bills which gave federal prosecutors new powers to shut down raves or other musical events they don't like and punish businessmen and women for hosting or promoting them. Recently, Senator Joe Biden (D-DE) forced his version of the legislation through both houses of Congress as an attachment to an unrelated child abduction bill and the Alliance is working to influence implementation of the bill in a way that upholds our freedom of speech, right to peacefully assemble, and our right to dance. The Alliance also has assisted the ACLU in its successful challenge to federal government restrictions on rave promoters and participants. In addition, the Alliance has sponsored a series of public forums on rave culture and is working with dancers, performers and youth advocates to draft model legislation regulating electronic music dance events in a manner that protects First Amendment freedoms and promotes the health and safety of all involved.



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