Dear Friends,January 12th was a sad day for many in the dance and events communities. A talented promoter, and friend to many, Disco Donnie in New Orleans was indicted along with Managers of the State Palace Theater on Federal charges. This is a letter appealing to you for support as Donnie, Robert and Brian take a brave stand against a precedent setting attack on culture presenters
in the US.
Please forward this to friends.
Live music events, and raves in particular, have long been the subject of discriminatory legal enforcement. Never before have the potential consequences of these attacks carried such significant ramifications for the scene. The DEA and local law enforcement have used an unprecedented tactic of arresting the promoters and venue management for alleged drug use by patrons. By singling out electronic music events, the DEA has threatened the viability of the electronic music industry, and community.
We are very fortunate that Robert, Brian and Donnie will challenge these charges, preventing a national precedent from taking place. Considering the possible consequences - up to 20 years in prison and fines of $500,000 each - these men are taking a brave stand, defending our community in the process.
You are being invited to help raise funds for what is likely to be an expensive legal defense. Law enforcement officials around the country have commented that they are watching this case with a scrutinous eye to determine whether they can use the same tactic to close electronic music events in their jurisdiction. In other words, the prosecutors in this case will be given extensive financial resources.
This effort appears to be a further step in the escalating attack against the Electronic Music industry. The Electronic Music Defense and Education Fund (EMDEF) is being established to help the defendants in New Orleans and to prepare for future legal defense efforts.
EMDEF is appealing to you
for support. EMDEF will be assisting Donnie, Robert and Brian financially
so they will have access to a top team of defense attorneys. The fund will
protect other professionals as new cases arise. Please donate what you can. This is a new fund, and will rely on your support to assist Robert, Brian
and Donnie. The New Orleans trial may cost as much as $500,000. The full
text of our press release follows.
Please DONATE and READ MORE ABOUT THE CASE at WWW.EMDEF.ORG.
This is the beginning of a slippery slope, imagine any event that the government does not like being shut down, because some in attendance may be
using drugs! Again, please forward this e-mail to your friends. In unity,
we can defend the rights of our community, and our rights as Americans.
Warmly,
Wendy Tremayne
EMDEF Fundraising & Media Relations
For Immediate Release:
Censorship is Latest Drug War Tactic as Government Seeks to Put "Rave" Dance Music Promoters in Prison
NEW ORLEANS, LA- A local music promoter and a concert hall manager who face up to 20 years in prison and $500,000 in fines simply for staging the electronic dance music events known as "raves" said today that the charges against them amount to censorship and have asked a federal court here to dismiss the case.
"The prosecution by the Drug Enforcement Administration (DEA) is part of a novel-and entirely unconstitutional-strategy to curtail use of the drug Ecstasy, which has been associated with raves, by using federal 'crack house' laws," said Arthur Lemann, a local attorney who is representing one of the defendants.
Youth culture expert Douglas Rushkoff as well as music industry
professionals are speaking out against the prosecution of rave organizers
as an unfounded attack on a vibrant music culture. The American Civil
Liberties Union has also said that it opposes such prosecutions on
constitutional grounds.
"Holding club owners and promoters of raves criminally liable for what some
people may do at these events is no different from arresting the stadium
owners and promoters of a Rolling Stones concert or a rap show because some concertgoers may be smoking or selling marijuana," said Graham Boyd, Director of the ACLU's Drug Policy Litigation Project.
Today's case marks the first time that the government has used the "crack house" law to prosecute organizers of raves. Prosecutors around the country are watching the case and have already publicly announced an interest in applying the same strategy in their districts, Boyd said.
"If the government is successful in shutting down raves," he added, "what's to stop them from applying this tactic to other music genres, such as hip-hop, heavy metal and jazz, where drug use is known to exist?"
At a hearing today in federal district court, James D. Estopinal -- known to worldwide fans of electronic music as "Disco Donnie" for his legendary rave parties-and Brian Brunet, a manager of the State Palace Theater here, will enter "not guilty" pleas and seek a dismissal of the case.
Lawyers for Brunet and Estopinal are charging a violation of their clients' basic constitutional rights to free speech and due process. Their clients, they said, "have been targeted because of the genre of music that they promote and the unsubstantiated association of that genre with rampant drug use."
New Orleans attorney Lemann, who will appear in court tomorrow with Brunet and Estopinal, noted that both men had fully cooperated with "Operation Rave Review," a joint investigation by the New Orleans police department and the DEA.
But under pressure from the media and the public, according to the brief, "the DEA has revised its strategy, ignoring drug dealers, and instead prosecuting electronic music concert promoters, whom the government does not accuse of providing drugs, assisting anyone in providing drugs, or of being directly involved with drugs in any way whatsoever."
Passed by Congress in 1986 to combat crack cocaine, the federal "crack house" law was designed to punish the owners or operators of houses used for the manufacture, storage, distribution or use of illegal drugs.
Yet Congress specifically rejected using the crack house tactic last year when it passed the Ecstasy Anti-Proliferation Act. Passed in October 2000, the Act strengthened penalties for those caught trafficking in the drug and provided money for educational programs. Significantly, however, lawmakers eliminated a controversial provision that would have limited speech about ecstasy and other drugs.
Raves are a legitimate cultural event just like rock concerts, art exhibitions and film screenings, and can be an important outlet for young
people, according to journalist and youth culture expert Douglas Rushkoff, a Professor of Media Culture at New York University and author of Coercion: Why We Listen to What 'They' Say. "In a world where most every authentic expression of youth culture is commodified by a media conglomerate and sold back to teens at the mall, rave culture stands as one of the few, relatively uncorrupted outposts for America's kids," he said.
Grassroots organizing has already sprung up in response to this latest government censorship threat: the newly established Electronic Music Defense and Education Fund (EMDEF), is spreading the word to rave enthusiasts and music industry professionals.
William Patterson, an EMDEF activist, said that concert promoters are concerned about drug use in their community and have taken proactive steps to alleviate problems of drug use by some patrons. The Lindesmith Center, a drug policy organization working to broaden and better inform the public debate on drug policy and related issues, sponsors the group.
For more press information please contact Susan Mainzer at Green Galactic, 323-466-514.