As business owners we are very concerned with Section 305 of the CLEAN-UP Act (H.R. 834). While we do not take issue with the bill in general (which provides funding for the safe clean up of illegal methamphetamine laboratories), Section 305 would hurt innocent business owners. We urge you to remove this section from the CLEAN-UP Act.

If enacted, Section 305 would make it a crime – punishable by fines and up to nine years in federal prison – to “knowingly promote 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.”

Section 305 is overly broad and could be used against almost any business owner. Under the provision, any event promoter, nightclub owner and arena or stadium owner could be fined and jailed, since a reasonable person would know some people use drugs at musical events. In fact, any property owner (including hotel owners, cruise ship owners, and casino owners) could be hurt under this provision, since it is reasonable to assume that any entertainment event that attracts a large crowd (especially young people) will attract people who will try to use or sell drugs.

Disturbingly, it does not matter under this provision if event promoters and property owners take steps to deter drug offenses. They can be prosecuted even if they have good security and a strict zero-tolerance drug policy. Nor does it matter if the vast majority of people attending the event are law-abiding citizens that do not use drugs. Section 305 criminalizes entire events and anyone who promotes such events based on the actions of a few, raising very serious free speech and due process issues. People should not be punished for the crimes of others, nor should the government be frightening law-abiding businesses from holding legal events like rock, country, electronic music or Hip Hop concerts.

We strongly urge you to remove Section 305 from the CLEAN-UP Act. This section is too broadly written, is a threat to free speech and musical expression, and will undoubtedly harm innocent business owners. We appreciate your efforts to reduce drug abuse and hope you can address our concerns.

4th Street Recording Santa Monica, CA Chicago Special Events Management Chicago, IL Con.El. Productions Los Angeles, CA Construction Oakland, CA Enation online Jacksonville, FL Freedom Fund, Inc. Washington, DC GBH,LLC New York, NY Hype Media Honolulu, HI HK2 Inc. Los Angeles, CA

Inner Child Productions Pittsburgh, PA Inertia Arts Providnece, RI Looq Records San Francisco, CA Mythos Charlotte, NC Norfolk Sound Norfolk, VA ocdmusic Ardmore, PA Sugar Society Inc. Charlotte, NC Thump Radio Inc. Berkley, C

To let us know if your business can sign on to this sign on letter, e-mail your name, company’s name, and contact info to bpiper@drugpolicy.org.