Fri Jan 17, 2003
The City of Racine agreed to drop all charges against 442 people who were ticketed at a benefit electronic music concert simply for being in proximity to a drug arrest on the premises. The decision marks a significant victory for the American Civil Liberties Union (ACLU) who argued that Racine authorities violated the constitutional rights of the partygoers.
"The ACLU urges the City of Racine to respect the First Amendment rights of electronic music attendees in the future," said Micabil Diaz, Legal Director of the ACLU of Wisconsin. "We also applaud the hundreds of attendees who defended their constitutional rights".
Last November, police raided an electronic music concert held by the Uptown Theater Group, Inc. raising funds for restorations to an historic landmark theater in downtown Racine, Wisconsin. Four people at the party were arrested on drug charges. The police department claimed that the mere presence of the 442 concertgoers at a location in which four persons were arrested on drug charges violated the city’s "inmates of a disorderly house" ordinance.
The citations were challenged on the basis that the ordinance violated the First Amendment right to freedom of association since it was imposed on individuals whose only actions were peaceably assembling to hear electronic music. In dismissing the charges, the city acknowledged that the law needs to be changed.
With the reintroduction in Congress of an anti-Rave bill that targets music promoters, the ACLU, along with Drug Policy Alliance, fear that this will not be the last unconstitutional attempt at prosecution of innocent people. The Drug Policy Alliance is spearheading a legislative campaign to prevent this harm maximization bill from passing. By targeting individual property owners or event attendees the bill will only drive raves and other musical events further underground and away from public health and safety regulations.
Find out more about the new anti-Rave bill.
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