Concert Laws/RAVE Act concerns

[Diluvium]

What is the name of your state (only U.S. law)? California

Hi everyone! So I have been thinking about throwing a dance party/rave with DJs at a venue in the city I live(Cupertino) around Christmas time this year and am beginning to worry about legal ramifications of people at the venue being under the influence of drugs. I understand that the RAVE Act could hold me responsible for the drug use of my patrons and I dont want to seriously risk fines or jail time. I plan on obtaining an event permit and having security and "pat-downs" to prevent drugs from entering but I understand that drugs will be impossible not to let in. I know people that throw parties in san francisco, san jose, sunnyvale, and other nearby cities and have faced nothing more than a shut-down(even when they did not have a permit) down but cupertino is somewhat known locally for stricter policing and has never really had a legally permitted rave before. I am really just concerned about the RAVE act and whether I should really have to worry about prosecution for a rave where drugs will probably be present. I plan on securing the community center(capacity 200-300 people), so it wont be too big.

I would also appreciate any legal advice from people in the know about what precautions I should take prior to having the rave.

Thanks in advance for your responses

 

[quincy]

The best way to avoid liability is to notify drug enforcement in advance of your dance party/rave, and then advise all attendees to refrain from bringing illegal drugs to your event. There is always the chance that undercover officers will be attending such an event anyway - and with the recent drug arrests at similar events in California, an attendee should know that the possibility of arrest exists.

As for pat-downs, the California Supreme Court is currently reviewing the possibility that pat-downs may be a privacy rights violation (Sheehan v. 49ers). Florida courts have already ruled on the issue and now prohibit suspicionless searches at Buccaneer games. California may look to Florida's decision when making their own ruling.

I advise you to have substantial insurance coverage for your event, should any lawsuits arise from it.

 

[Diluvium]

The best way to avoid liability is to notify drug enforcement in advance of your dance party/rave, and then advise all attendees to refrain from bringing illegal drugs to your event. There is always the chance that undercover officers will be attending such an event anyway - and with the recent drug arrests at similar events in California, an attendee should know that the possibility of arrest exists.

As for pat-downs, the California Supreme Court is currently reviewing the possibility that pat-downs may be a privacy rights violation (Sheehan v. 49ers). Florida courts have already ruled on the issue and now prohibit suspicionless searches at Buccaneer games. California may look to Florida's decision when making their own ruling.

I advise you to have substantial insurance coverage for your event, should any lawsuits arise from it.

Thanks for the advice. I figured that pat-downs could only help me but I guess not.

 

[quincy]

Yes, I would think that pat-downs could help prevent the smuggling of illegal drugs into the dance party, as well, but California's privacy rights laws are some of the strongest in the country.

I imagine someone could object to the pat-down as a privacy invasion under the laws already in place - but with the current case in the courts, I will not be surprised if suspicionless pat-downs are specifically named and included in a future law.

Because I do see areas where pat-downs could be problematic, it might be best in your situation to just let law or drug enforcement handle any party go-ers who violate drug policies while at the rave. Or you could check with law enforcement on the advisibility of, and possible attending liability of, pat-downs at your party.

Good luck with it all.