|
|
|||
|
|
|
|
|
|
 |
 |
|
Back to Facility ManagerContents |
Bill In Congress Creates Criminal By Turner D. Madden, Esquire Once again, for the second consecutive year, the United States House of Representatives is attempting to pass a bill under bill H.R. 834, Section 305, that makes event and concert promoters criminally liable for promoting an event where drugs may be used or distributed by patrons. On behalf of the International Association of Assembly Managers, Inc. (“IAAM”), we sent a letter in opposition to Section 305 of the bill. A complete copy of the letter is posted on the IAAM web site. Section 305 of the bill invokes a violation of criminal drug laws because of the type of entertainment, rave, event, dance or just plain music played at an event. Even though other sections of the bill have tremendous merit and should be passed by Congress, Section 305 creates economic, operational and constitutional concerns for music promoters and operators of public assembly facilities across the country. In order to understand our specific concerns about Section 305, it is set forth below. SEC.305 LIABILITY OF PROMOTERS OF COMMERCIAL DRUG-ORIENTED ENTERTAINMENT “Whoever knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place were the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.” IAAM’s specific opposition to Section 305 centers on the following reasons. Section 416A of the bill will have a devastating economic impact on the concert and entertainment industry in this country. It is well known that drug use occurs among the young, particularly teenagers and college-aged individuals. Section 305 will prevent promoters and facility managers, for fear of criminal prosecution, from booking any entertainment event where one (1) instance of drug use or one (1) instance of drug distribution may take place at the event. The language in the Section that the “promoter knows or reasonably ought to know” is extremely vague and will lead to uneven enforcement and selective prosecution of “promoters” and facility managers. As a by-product of criminal prosecution, property used in the alleged crime is subject to criminal and civil forfeiture provisions. It is clear that prosecutors will be more inclined to seek enforcement against private owners and operators of music venues, because these individuals have more personal property at stake, and any such forfeiture will inure to the government’s interest. If Section 305 becomes law, the economic effect will be devastating to the concert and entertainment industry and our country. Section 305 places facility managers in a quandary because they cannot deny musical performances based on content, they cannot conduct a thorough search to prevent drugs from entering the facility, but this bill makes them liable for acts of third parties. Furthermore, the language of the bill is broad that any event with drugs would fall under the Federal Drug Enforcement laws. Please write your Congressman and the Chairman of the Judiciary Committee, James Sensenbrenner, about this bill. A draft letter to Congress and who to contact will be posted on the IAAM website. Turner Madden is with the law firm Madden & Patton based in Washington, D.C. He may be reached at maddesq@bellatlantic.net. |
|
|
© 2002
International Association of Assembly Managers |