The "Racine 441" Appear in Court
Published December 03, 2002
In a letter to the City Attorney, the ACLU has demanded that the charges be dropped:
- We have received many complaints regarding the blanket ticketing of hundreds of attendees of a non-profit fundraising event featuring electronic music on the night of November 2, 2002, at the Tradewinds Banquet Hall. The application of Racine Municipal Code §§ 66-346, 66-347 to individuals whose only actions were their innocent performance of electronic music or their peaceable assembly for the purpose of expressive association violates the First Amendment. In addition, the classification of this musical venue as a "disorderly house," where only a nominal amount of drug activity occurred, contravenes the fair notice requirement of the Due Process Clause of the Fourteenth Amendment.
To be found in violation of § 66-347, an individual must "knowingly" patronize a disorderly house. A disorderly house is defined as a place "which is used for the purpose of unlawfully selling, serving, storing, keeping or giving away controlled substances." Racine Municipal Code § 66-346 (emphasis added). The purpose of this event was in no way related to drug activity nor were any of the ticketed individuals accused of providing drugs, assisting those who provided drugs, or being involved with drugs in any way whatsoever. Rather, the event was held to raise funds for the non-profit organization, the Uptown Theater Group, Inc., and its efforts to restore a historic landmark located in downtown Racine. Not only did the advertisements for the event include notice that attendees would be subject to search and that drugs would not permitted inside, the Uptown Theater Group also sought to hire members of the Racine Police Department to act as security during the concert, as they had previously done for several other events. Moreover, despite a massive police raid and the forcible seizure of hundreds of individuals inside the hall, only a small number of persons were arrested on drug-related charges.
Based on the reports we have received, we have a substantial foundation for believing that the City of Racine impermissibly restricted the attendees' rights of expression and association through electronic music. Electronic music concerts provide a critical arena for artistic expression for the hired performers and audience members. The First Amendment stands as a clear barrier to any governmental effort to silence musical artists and to prevent their audience from participating in expressive association with them. Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989); Young v. Am. Mini Theatres, 427 U.S. 50, 77 (1976) (Powell, J., concurring) (stating that central to the performer's right to speak, is that there be a "free flow from creator to audience of whatever message" the speaker seeks to convey). In addition, the First Amendment safeguards the rights of individuals to peaceably assemble and associate for expressive purposes without restriction by the government. Thomas v. Collins, 323 U.S. 516, 539-40 (1945). Penalizing the performers and attendees of the concert with a nearly one thousand dollar ticket in a manner that burdens their exercise of their rights of assembly, association and speech squarely contravenes the First Amendment.
- The "Racine 441" Appear in Court
- Published: December 03, 2002
- Type:
- Section: Music
- Filed Under: Music: DJ, Music: News
- Writer: Eric Olsen
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Comments on this articleComments
I seriously think that the City of Racine PD definitely
bit off more than they can chew. I went to this party to
listen to the music. It's not everyday you get to hear
16 DJ's in one place. The police make it out to sound that
everyone that listens to "electronica" music is in some form a druggie. They need to get there asses off their shoulders. Why don't they look up records. I'm sure most of the people that attended the fund raiser on December 2nd have pretty clean records. For some it may mean they just haven't gotten caught, but for those of us who ACTUALLY have clean records, don't need a drug violation. And all of this crap about reducing the fines... I think crap describes that very well. So what if it goes down to a disorderly conduct ticket. What happens if someone actually gets a disorderly conduct ticket in the future? It would make it their second offense and they get screwed. Either way I wished all 441 of us had pled NOT GUILTY. They're putting a bad name to techno music. That type of music does NOT always associate with drugs. Though X is a very common drug among raves. This was NOT a rave... and if it was, it was the weakest rave. It was the first time I'd ever even gone to an event like that (besides regular concerts and Summerfest). From what I hear of raves, this was nothing like it. I say if we're supposed to be the "Land of the Free" then why the hell are we treated like this! If we're so "free" then why does the so-called government voilate our rights? The police over stepped their boundaries and went too far with this one. In the end, they're only screwing themselves in the rear. They think they're going to make an example out of us? HA! Well, let me say that we're going to stand up for our rights. I'm sick of getting pushed around all the time. It's about time that a group actually stands up for something they love as a group. Freedom of Speech!! It's not individuals in this matter. For the 300 some odd people that do plead Not Guilty, I thank you! I pled Not Guilty as well, and I plan to battle this thing out until the end. And for those people who just sit back and have the nerve to call us stupid, or simple-minded fools, or whatever it is that you'd like to call us... we're actually the smart ones. Just remember, we're fighting for YOUR rights. The rights that YOU wont get off your fat, lazy, butt to fight for. The way they treated us was inhumane! Throwing people on pool tables. I heard tons of profanities out of a lady officers mouth. The same lady officer that said my friend must have been on drugs because she had to go to the bathroom and the only way they would let her go was to have another officer standing at her knees. I don't know about everyone else, but when you're in a situation like that, it's hard to pee infront of someone. It was rude of that officer to say that she was on drugs. The officer that wrote my ticket didn't even understand why we were getting them. She just suggested we appear in court and if we wanted to fight it, to do so at that time. Pardon me for ranting, but I'm sick of seeing this happen and nobody doing anything to prevent it from happening again. My word of advice to the Racine City PD is... Get your heads and asses wired together because you're in for a world of pain. Taxpayers are going to just love seeing their money wasted on your foolish actions! Long live America! United We Stand, my ass.
Sincerely,
Michelle Bohn
West Allis, WI
not a druggie...? HAH!!
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I seriously think that the City of Racine PD definitely
bit off more than they can chew. I went to this party to
listen to the music. It's not everyday you get to hear
16 DJ's in one place. The police make it out to sound that
everyone that listens to "electronica" music is in some form a druggie. They need to get there asses off their shoulders. Why don't they look up records. I'm sure most of the people that attended the fund raiser on December 2nd have pretty clean records. For some it may mean they just haven't gotten caught, but for those of us who ACTUALLY have clean records, don't need a drug violation. And all of this crap about reducing the fines... I think crap describes that very well. So what if it goes down to a disorderly conduct ticket. What happens if someone actually gets a disorderly conduct ticket in the future? It would make it their second offense and they get screwed. Either way I wished all 441 of us had pled NOT GUILTY. They're putting a bad name to techno music. That type of music does NOT always associate with drugs. Though X is a very common drug among raves. This was NOT a rave... and if it was, it was the weakest rave. It was the first time I'd ever even gone to an event like that (besides regular concerts and Summerfest). From what I hear of raves, this was nothing like it. I say if we're supposed to be the "Land of the Free" then why the hell are we treated like this! If we're so "free" then why does the so-called government voilate our rights? The police over stepped their boundaries and went too far with this one. In the end, they're only screwing themselves in the rear. They think they're going to make an example out of us? HA! Well, let me say that we're going to stand up for our rights. I'm sick of getting pushed around all the time. It's about time that a group actually stands up for something they love as a group. Freedom of Speech!! It's not individuals in this matter. For the 300 some odd people that do plead Not Guilty, I thank you! I pled Not Guilty as well, and I plan to battle this thing out until the end. And for those people who just sit back and have the nerve to call us stupid, or simple-minded fools, or whatever it is that you'd like to call us... we're actually the smart ones. Just remember, we're fighting for YOUR rights. The rights that YOU wont get off your fat, lazy, butt to fight for. The way they treated us was inhumane! Throwing people on pool tables. I heard tons of profanities out of a lady officers mouth. The same lady officer that said my friend must have been on drugs because she had to go to the bathroom and the only way they would let her go was to have another officer standing at her knees. I don't know about everyone else, but when you're in a situation like that, it's hard to pee infront of someone. It was rude of that officer to say that she was on drugs. The officer that wrote my ticket didn't even understand why we were getting them. She just suggested we appear in court and if we wanted to fight it, to do so at that time. Pardon me for ranting, but I'm sick of seeing this happen and nobody doing anything to prevent it from happening again. My word of advice to the Racine City PD is... Get your heads and asses wired together because you're in for a world of pain. Taxpayers are going to just love seeing their money wasted on your foolish actions! Long live America! United We Stand, my ass.
Sincerely,
Michelle Bohn
West Allis, WI