Up Came the House Lights

UP CAME THE HOUSE LIGHTS. From May of 2001 to February of 2004, undercover officers reportedly made about 90 separate purchases of illegal substances at the popular Hell's Kitchen bridge-and-tunnel club Sound Factory. Owner Richard Grant was warned and forced to buy a drug-sniffing dog to keep security alert for peddlers and users. Then on March 7, New York City authorities raided the club. Citing that the club had turned into a "stash house" for drugs, a five-count federal indictment has been issued to Grant. If convicted on all counts, he could serve up to 20 years in federal prison.

This is the first time a club is being prosecuted under the "crack house statute," usually reserved for operators of crack dens. But what is unique in this case is a club owner being brought up on federal charges for not preventing the sale of drugs in his club. Last November, the Senate passed the "Illicit Drug Anti-Proliferation Act of 2003" with bipartisan support. The bill was created to "prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purposes."

This puts all the pressure on music organizers and business owners to keep drugs out of their clubs and spaces. And if they don't, stiff fines, jail time or civil penalties will be handed down by the courts.

On April 24, the Drug Policy Alliance, a non-profit organization that tries to raise awareness and foster debate on the war on drugs, started a four-month campaign to stop what they've called "Anti-Music Legislation."

"The government can't even keep drugs out of its own schools and prisons, yet it is seeking to punish business owners that can't stop their patrons from using drugs," said Bill Piper, the director of national affairs at the Alliance. "If these bills become law, innocent business owners could go to jail... that's why business owners and music fans are organizing to protect live music."

New York City nightlife operators—who have already suffered from the smoking ban, increased scrutiny by the NYPD for noise violations and safety department inspectors closing clubs down for whole nights due to minor violations—have become wary. A federal law could drive many independent contractors and entrepreneurs out of business. And the government doesn't necessarily need to win a case to stop a show. Simply by prosecuting these businesses, they bleed them dry of capital with legal fees.

A New York City party promoter, who chose to remain anonymous, said, "Theoretically, even I can go to jail. It is especially ridiculous if you look at it in the context of sporting activities, concerts or even national parks. Will the promoter giant Clear Channel ever be held accountable?"