Promoter facing 20 years to life in prison for throwing a party?!

[Red Beard]

I just wanted to bring about some awareness to a very important issue. For complete details visit emdef.org

In January, a Federal Grand Jury, in cooperation with the DEA and New Orleans Police, brought charges of operating a Crack house against two venue managers and a promoter. The unorthodox application of this law would hold professionals responsible for drug use at any entertainment event. The three men are challenging the charges with the help of EM :DEF and the ACLU. They are, however, facing a scary possibility; 20 years to life in prison if convicted!? I am helping out with a outdoor party in September with some other Production crews that will be benefiting this organization to help them fight there case and pay for there legal fees. Some of you may have already heard of this but I think it cannot get enough attention considering the possible damage this could do to the entire entertainment industry if they are found guilty.

What club, concert, warehouse party, outdoor venue, etc. could be raided and not have either drugs found or people under the influence? We need to stop with the finger pointing and take some responsibility for each of our actions. Are we going to shut down the gorge next time our parents go to a reunion concert and light up a joint?

I do want to make it clear, that I am in no way condoning drug solicitation or use. I think way to many people abuse drugs, however, this is not the way to go about helping a problem that will never go away and certainly not get better if this is how our government goes about trying to stopping it.
EM :DEF (http://www.emdef.org)

[Kat]

The company Barbecue of New Orleans, Inc. that leased their building forparties/raves/concerts has entered into a plea bargain for updated information check out http://www.nola.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi ?n4107_BC_LA--RaveIndictment&&news&rave (http://www.nola.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi?n4107_BC_LA--RaveIndictment&&news&rave)

[ 06-13-2001: Message edited by: Kat ]

[MisterK]

Damn.. I wish I could track down the "movement to dismiss" that was submitted on that case. Too bad they plea-bargained to escape prosecution, if they had set a legal precedent by getting it thrown out of court a lot of people could breathe easier.. Really, there is nothing to fear regarding the crackhouse law for a few reasons.

1) Right to Assemble
2) Constitutional right not to be subject to illegal search and seizure (not possible to stop drugs from entering venue)..
3) Would lead to selective prosecution... i.e. reunion concert at The Gorge :)..

[meej]

Originally posted by MisterK:
<STRONG>Damn.. I wish I could track down the "movement to dismiss" that was submitted on that case. Too bad they plea-bargained to escape prosecution, if they had set a legal precedent by getting it thrown out of court a lot of people could breathe easier.. Really, there is nothing to fear regarding the crackhouse law for a few reasons.
</STRONG>

it's important to note that it was the venue that plea-bargained, not the promoters.


marijane

[friendofall]

Hey is Humboldt county northwest?

Here's the latest update on the New Orleans section from the DanceSafe E-Zine. I'll post all of it up top because it was pretty good.

2. Partial Settlement in New Orleans Case; But
Donnie Refuses to Accept Plea Bargain

(This E-News update provided by the EMDEF.)

The fight in New Orleans continues as Donnie
Estopinal opts out of a plea agreement
offered by the Federal Government. Robert
and Brian Brunet accepted a plea agreement
which protects them from any criminal
prosecution, and which includes a fine to New
Orleans Barbecue, Inc. of $100,000. Though
given a chance to accept the plea, Donnie
instead chose to defend his innocence. It
remains to be seen whether a Federal Grand
Jury will indict Donnie under the Federal
Crackhouse Statute. The January indictment
issued earlier this year was retracted when
the Brunet's and Estopinal challenged the
charges.

In Panama City Beach, FL., Club La Vela,
America's largest nightclub, was indicted
under two counts of the Federal Crackhouse
Statute. The club's owners, Patrick and
Thorsten Pfeffer, were also indicted with two
counts. The indictment includes a criminal
forfeiture clause, allowing the government to
proceed in an asset seizure of all properties
believed to be related to criminal profits. The
government's argument is that the Pfeffer
brothers and corporation knowingly and
intentionally made their property available for
the sale and use of controlled substances,
and therefore their properties are subject to
seizure.

The Electronic Music Defense and Education
Fund (EMDEF) is raising funds for Donnie to
continue his fight against the Federal
Government. EMDEF also has extensive legal
documents which should serve to assist any
nightclub owner, or party promoter, in
knowing their rights. The interpretation of
the law is still vague at this point as this is
the first time the federal government has
applied the crack house law against venue
managers and promoters.

Visit the EMDEF web-site at http://www.emdef.org

++++++++++++++++++++++++++++++++++++++++++++++++

3. New Lab Results Raise Concerns over Rising
Number of Fake Pills

Recent results coming in from DanceSafe‚s
laboratory pill analysis program, viewable
at http://www.dancesafe.org/currentresults.html,
suggest that the illicit ecstasy market in
the US is becoming more and more of a

[TriPtoNyTE]

This whole thing it fuckin terrible. I cant beleve they are using the crackhouse law against venues and promoters! This could easly change the way the scene is forever. Thank god Donny is fighting it. That is complete bullshit that they blame the promoter for drugs getting in. There is no legal way to keep all teh drugs out. What are they going to do...strip search us? I could easly turn this into a huge flame war with the fuckin kids who take too much e, but this is truly a time to stand together. There are drugs at almost every party/concert/club/festival. Everybody knows the stories about the mass drug use at all the Dead concerts. But did they do anything about that then? No. If Donny loses this case, we are all in some big trouble. I have heard stuff about this all over the place- newspapers, the tv, even all the major magazines (time), so you know prosecuters are paying close attention. They are already starting in florida. If they lose this case, we are going to see new prosicutions all over the country, including the NW. We may be seeing the promoters we all know getting charged. This could easly become one of the worst things to happen to the american rave scene. Hopefully everything will be cool and donny wont have to go to jail just for throwing the same type of parties we all know and love.
Peace-
C.R.

[A D I D A S]

ok, stop.

this was posted about on the board a while ago I remember, from a different point of view.

according to board members who've been down there, this donnie guy operated a very schiesty place, and wasn't very liked there....

from what I recall from the post, he apparently had many in-house dealers working there, made a lot of proffits off of drug sales, and was in no way your average, good-hearted promotor, or even sly mark naf like business man, he was running a "crack house"

before u scream "fucking government / cop power abuse and repression" there are 2 sides to every story, I have heard both, I think in this case they did crack down on a a guy promoting drug use and supporting drug dealers in his parties. which I don't agree with. picture mark naf as this man, and on top of all the shitty things u hear bout mark, add in in-house dealers selling for him, and misc other shit. would u still be hoping he gets off?

~Steve

[texas chainsaw mascara]

Um.. I gotta agree with you here. I think that if that is true, then I am not going to cry for him if he is prosecuted.

HOWEVER- I might cry for everyone else.

I mean, If he can be charged for this shit, then there will be nothing stopping the government from cracking (pardon the pun) down on other promoters, for far less serious shit. Does that make sense?

We might "know" that this particular guy was indeed promoting drug use and may deserve to be convicted. But if he loses, people arent going to give a shit about future promoters who get arrested for the same "crime." People are just going to assume that the person/people arrested were indeed creating a crackhouse atmosphere in their club/event. This idiot is going to unforunately reflect on everyone, no matter what happens. So I am hoping that he doesn't hang for this...

~Knotty

[TriPtoNyTE]

Damn, i didnt know he was like that. Maybe i shouldnt have assumed he was a good ol promoter like most of our local promoters. But i still have to go with some of my original worries. Like knottyGirl said, that still reflects bad on the scene. And the fact that not all promoters are like that probably doesnt make a difference to the government or the prosecutors. If they can get him, we will probably see alot more promoters be prosecuted under the law. It is too bad this is happening though. I guess this part of the problems of going mainstreem.
Laterz-
C.R.

[steve]

Ditto what A D I D A S said...

not only that, but you should research EMDEF before you blindly support them... they are only interested in protecting the rave as BIG BUSINESS. Thats where their backing is coming from. Its all about the music as INDUSTRY... they could care less about the culture. They don't even seem to be aware that there are parties with under 500 or 1000 people.

[XtaticPimp]

quote/
Really, there is nothing to fear regarding the crackhouse law for a few reasons.

1) Right to Assemble
2) Constitutional right not to be subject to illegal search and seizure (not possible to stop drugs from entering venue)..
3) Would lead to selective prosecution... i.e. reunion concert at The Gorge ..

/quote

thats total bs it was proved in court along time ago that constitutional rights are not applicable in drug related cases. read some gore vidal or something

[Jinger]

Anyone know exactley what you have to prove to win a case like this? I mena I don't know much about crackhouse laws but it would seem that they have to prove that the dealers were working for him in order for him to be prosecuted - which would make me think that this wouldn't effect smaller parties and decent promoters. But again I am not a lawyer - anyone out there explain exactley what they are being charged with and what has to be proven??

J

[steve]

The "crackhouse law"

US Code as of: 01/23/00

Sec. 856. Establishment of manufacturing operations

(a) Except as authorized by this subchapter, it shall be unlawful
to -
(1) knowingly open or maintain any place for the
purpose of
manufacturing, distributing, or using any controlled
substance;
(2) manage or control any building, room, or enclosure,
either
as an owner, lessee, agent, employee, or mortgagee, and
knowingly
and intentionally rent, lease, or make available for use,
with or
without compensation, the building, room, or enclosure
for the
purpose of unlawfully manufacturing, storing,
distributing, or
using a controlled substance.

(b) Any person who violates subsection (a) of this section shall
be sentenced to a term of imprisonment of not more than 20
years or a fine of not more than $500,000, or both, or a fine of
$2,000,000 for a person other than an individual.


On the bright side, this really only impacts the culture destroying commercial raves, which I dislike ... and this will just help drive them back underground... that way its people who are choosing to be there for the culture/music... and not as the default choice of something-to-do for those under 21 no matter what their interests are.

[smurfhead]

True dat about the scene having to go back underground.
Too bad certain people in the government do/have done certain hard drugs. *cough*bush snorts coke*cough* I wonder if that law could apply to the White House. ;)

In this situation is seems to be fairly tricky, though, because of the sleeziness of the place and the guy. Unfortunatley, they don't look at the circumstances for individual cases, so people who really support the scene could get thrown in jail for a quarter of their life. I think this law would make more sense and be more fair if those prosecuted went to jail for no more than a year.