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June 14th, 2001, 12:39 PM | #1 |
Administrator
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Fwd: EM:DEF ---> Settlement in New Orleans
> --------> Please Forward Liberally <--------------
> > Donnie Estopinal, Robert Brunet and Brian Brunet will not serve any time > following a plea agreement entered today in Federal Court in New > Orleans. This victory for the three men still leaves questions to rave > promoters elsewhere about the safety of operating nightclubs and > particularly rave parties. The DEA has secured a conviction under the > crackhouse law - against New Orleans Barbecue, Inc. > > EM:DEF has sent a clear message to the DEA that Electronic Music events > will not tolerate being singled out in their growing war on so called > "Club Drugs." Clearly use of these drugs is a society-wide problem, and > the government's attempt to lay the blame on raves or nightclubs is > profiling. Furthermore, their incentive to pursue nightclubs because of > the lucrative asset seizure laws is now in the open. > > 1. The New Orleans Settlement > 2. Update on Club La Vela Case > 3. Where do donations go? > 4. News links to New Orleans Settlement > 5. Where does EM:DEF go from here? > > 1. The New Orleans settlement is perhaps the best one can hope for given > the million dollar price tag of a federal trial. The precedent is set - > one count of Operating a Crackhouse against a corporation - and rave > promoters around the country will be looking closely at the injunction > that went along with the settlement. The injunction prohibits the use > of glow sticks, pacifiers, Vick's Va-po-rub, masks, chill rooms and > other items the DEA is calling paraphernalia at future events involving > Robert, Brian ad Donnie. > > The injunction can be challenged on first amendment grounds - and a > challenge will likely overturn the injunction. After all, any search of > Britney Spears web-sites will show you that thousands of teenage girls > wave glow sticks in the air every time she performs - and at $5 a piece, > no merchandise vendor will likely follow the guidelines of the > injunction against the New Orleans Three. > > 2. Investigation into the activities of Club La Vela managers Patrick > and Thorston Pfeffer continue. A Federal indictment on two counts of > "Operating a Crackhouse" were handed down Tuesday last week, and both > men are confined to Northern Florida. Their indictment includes an > asset forfeiture clause, and can be viewed at www.emdef.org. A > settlement seems less likely in this case due to strained relationships > between club owners and the local sheriff. Club La Vela is a > multi-themed nightclub in Panama City Beach, FL. Their web-site is > www.clublavela.com. The Pfeffer's will pay for their own legal defense. > > The ACLU has a campaign about Asset Forfeiture which is certainly worth > checking out. The advertisement, which ran earlier this year in New > Yorker Magazine and The New York Times, can be viewed at: > > http://www.aclu.org/forfeiture > > 3. Donations to EM:DEF are designated exclusively for the New Orleans > case at this time. Costs of the trial in New Orleans have exceeded > $300,000. Though the case in New Orleans did not represent a total > victory for club promoters and venue managers, it sent a clear message > that electronic music events will not accept being singled out as the > sole cause of a growing use of ecstasy and other so called "club drugs." > Anyone able to make a donation to the fund can do so by visiting our > donations page: > > http://www.emdef.org/donate.html > > 4. News Links to New Orleans Settlement: > There is some news on the settlement. The items do not include all of > the details, particularly those regarding the injunction. Certain items > named as "paraphernalia" are only partially listed in each article. We > hope to have a copy of the injunction and plea agreement on our site by > Friday. If not, we'll have as many details as possible. > > 5. Where does EM:DEF go from here? > EM:DEF is a volunteer organization with administrative assistance > provided by the Lindesmith Center (www.drugpoliy.org). Clearly, the > ACLU's work on the New Orleans case is largely responsible for the > settlement which was negotiated. The case in Florida does not require > any fundraising, however, EM:DEF will continue to provide news as > possible. EM:DEF will continue to monitor activity with the federal > government's use of the crackhouse law against promoters and venue > managers. We will in fact watch any legal attacks which threaten > professionals in the music industry based on criminal activities of > others. > > We hope that people in the electronic music community will support the > efforts of The Lindesmith Center - Drug Policy Foundation. The War on > Drugs has become such a powerful force in our country that it is > difficult for innocent people to defend themselves in our courts. The > threat of asset seizure under laws like the "crackhouse law" threaten > the existence of nightclubs in our country - and thus our right to > dance. Ask any fan of jazz music about the clubs where they watched > great musicians - they'll tell you that most of those clubs no longer > exist today. > > It seems the only solution to saving our nightlife industry is to argue > for a more rational approach to fighting the War on Drugs - perhaps > surrendering a law enforcement approach, and focusing instead on > treatment. It's a dazzling question, and one EM:DEF certainly doesn't > have the answers to. Certainly the New Orleans case is an example of > how difficult it is for innocent people to defend themselves with the > hysteria that exists around drug use in America. > > To visit the Lindesmith Center: > http://www.drugpolicy.org > > ACLU: > http://www.aclu.org |
June 14th, 2001, 12:42 PM | #2 |
Administrator
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this isn't good news. Even though this press release is try to spin this as a sort of victory cause the guys didn't go to jail, the bottom line is now a precedent has been set.
glowsticks, chill rooms etc... will now be assosciated with the "crack house law". and no one has the money to fight this thing. Looks pretty bleak. not a good time to be a promoter in the US, I'm afraid . |
June 14th, 2001, 01:22 PM | #3 | |
Hullaboarder
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Quote:
ahh, there goes the .;~*PlUr*~;. parties down here suck anyway elena |
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June 14th, 2001, 01:53 PM | #4 |
Hullaboarder
Join Date: Mar 2000
Location: Grimsby, Ontario
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Does anyone understand how they can classify a room (the chill room) as paraphernalia??!?
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June 14th, 2001, 02:09 PM | #5 |
Hullaboarder
Join Date: Jan 2001
Location: Shirking work
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Why stop there?
Why not prohibit the use of any musical instrument? (guitars lead to marijuana, dontcha know) (saxophones lead to heroin) How about clothing? The wearing of a three-piece suit outside of the hours of 9am and 5pm is indicative of gangster activity, and is hereby prohibited. I guess it's time to start making cocktails Flaming Homers... Seriously, though, what's going to stop them -words? -no wonder there are so many gun nuts in the States who think that guns are their only defence against a government oppressing the people |
June 14th, 2001, 02:37 PM | #6 |
Hullaboarder
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*takes out gun*
WHAT DID YOU SAY? haha no, but maybe its for the better there is way too much competition, and when you stick 15 locals into a hot sweaty dark (and rather small) space, charge $20 at the door, toss a few fliers out onto the street and call that a party...well.... elena |
June 14th, 2001, 02:59 PM | #7 |
Administrator
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Fwd: Correction: New Orleans Settlement
> Dear EM:DEF reader,
> > A newsletter released earlier today has a CRITICAL error. While the > Brunet brothers - managers of the State Palace Theater - have entered a > plea agreement wherein New Orleans Barbecue, Inc. was convicted under > one count of "Operating a Crackhouse", Donnie Estopinal has not entered > a plea deal with the Federal Government. > > Reports in The Times Picayune were misleading, and EM:DEF hastily relied > on information found there to issue the newsletter. While no Grand Jury > has issued an indictment against Donnie since the withdrawal of the > January indictment by the DEA, the possibility still exists. Robert and > Brian have essentially been granted immunity due to their plea. > > Attorneys for Robert and Brian allowed Donnie the chance to enter the > agreement with them, but Donnie declined. While EM:DEF would certainly > have understood a decision by Donnie to enter the plea, EM:DEF continues > to support Donnie in his refusal to accept. Robert and Brian's decision > may have been based in part on EM:DEF's inability to provide adequate > funds for their legal defense. A Federal case of this magnitude can > cost in the hundreds of thousands of dollars. The plea is certainly > weakened by Donnie's refusal to accept. > > EM:DEF will provide updates on the case as they become available. If > you can donate, please do so at our site: > > http://www.emdef.org/donate.html > > One word of advice to those looking to make donations: Another > web-site: http://www.saveourmusic.com is run by a friend of the Brunet > family. The legal defense fund at Save Our Music only benefits the > legal defense of the Brunet brothers. EM:DEF has full non-profit status > and will continue to defend those who challenge the application of laws > against innocent professionals in the electronic music business. |
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