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Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should Be Amended to Provide an Exception for Harm Reduction Services

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Chicago-Kent Law Review Volume 93 Issue 3 Comparative and Cross-Border Issues in Article 12 Bankruptcy and Insolvency Law 9-18-2018 Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should be Amended to Provide an Exception for Harm Reduction Services Robin Mohr Chicago-Kent College of Law Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Criminal Law Commons, Entertainment, Arts, and Sports Law Commons, Food and Drug Law Commons, and the Legislation Commons Recommended Citation Robin Mohr, Preventing Drug-Related Deaths at Music Festivals: Why the "Rave" Act Should be Amended to Provide an Exception for Harm Reduction Services, 93 Chi.-Kent L. Rev. 943 (2018). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol93/iss3/12 This Notes is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. PREVENTING DRUG-RELATED DEATHS AT MUSIC FESTIVALS: WHY THE “RAVE” ACT SHOULD BE AMENDED TO PROVIDE AN EXCEPTION FOR HARM REDUCTION SERVICES ROBIN MOHR INTRODUCTION Amid flashing lights and pulsing beats, nearly 100,000 electronic dance music fans attended Electric Zoo on New York’s Randall’s Island in August 2013.1 Unfortunately the party was cut short. Following the deaths of two young fans, the final day of the three-day music festival was can- celed at the request of city authorities.2 In separate incidents, Olivia Ro- tondo, a twenty-year-old University of New Hampshire student, and Jeffrey Russ, a twenty-three-year-old Syracuse University graduate,3 died after collapsing at Electric Zoo with high body temperatures.4 Toxicology results revealed that Ms. Rotondo died from acute drug intoxication after taking pure MDMA, a “euphoria-producing drug” commonly known as “molly” in its powdered form and ecstasy in its pill form.5 The pills Mr. Russ in- gested contained a deadly mix of MDMA and methylone, a similar stimu- lant that drug dealers frequently cut with MDMA.6 That same year, four other Electric Zoo attendees were hospitalized in critical condition from apparent drug overdoses.7 Unfortunately, the ecstasy-related deaths at Electric Zoo are not iso- lated incidents. In 2014 alone, there were at least ten ecstasy-related deaths 1. Steve Knopper, Drugs, Death and Dance Music,ROLLING STONE (Sept. 11, 2013), http://www.rollingstone.com/music/news/drugs-death-and-dance-music-20130911 [https://perma.cc/X2GX-H4JU]. 2. James C. McKinley, Jr., Overdoses of ‘Molly’ Led to Electric Zoo Deaths, N.Y. TIMES: ARTSBEAT (Sept. 12, 2013, 6:06 PM), http://artsbeat.blogs.nytimes.com/2013/09/12/overdoses-of- molly-led-to-electric-zoo-deaths/ [https://perma.cc/3XKG-86QX]. 3. Knopper, supra note 1. 4. McKinley, Jr., supra note 2. 5. Id. 6. Id. 7. Kirstan Conley et al., Agony of Ecstasy at Killer NYC Rave, N.Y. POST (Sept. 2, 2013, 12:31 AM), http://nypost.com/2013/09/02/agony-of-ecstasy-at-killer-nyc-rave/ [https://perma.cc/U8D2- YKBD]. 943 944 CHICAGO-KENT LAW REVIEW [Vol 93:3 at music festivals across the United States.8 At some annual music festi- vals, drug-related deaths occur nearly every year. For example, in 2010, a fifteen-year-old girl died from a drug overdose after attending Electric Dai- sy Carnival at the Los Angeles Coliseum.9 Following the girl’s death, the festival was forced to move from Los Angeles to Las Vegas.10 Since the festival’s move to Las Vegas in 2011, there has been about one death at Electric Daisy Carnival every year, with most of the deaths being attributed to MDMA.11 At HARD Summer Music Festival in Southern California, there was one death in 2014, two deaths in 2015, and three deaths in 2016.12 The coroner confirmed that ecstasy contributed to all six fatali- ties.13 On August 31, 2013, Shelley Goldsmith, a nineteen-year-old Universi- ty of Virginia honor student, died after taking MDMA at an electronic dance music (“EDM”) show in a Washington, D.C., club.14 Like many people who suffer MDMA-related deaths at live music events, Shelley did not die from a drug overdose.15 Rather, her death “resulted from a combi- 8. Jason Henry, Ecstasy Deaths Continue in Southern California Despite 2010 Crackdown, SAN GABRIEL VALLEY TRIB. (Sept. 7, 2014, 12:09 AM), http://www.sgvtribune.com/general- news/20140906/ecstasy-deaths-continue-in-southern-california-despite-2010-crackdown [http://perma.cc/WH2A-93M2]. 9. Alex Young, Second Person Dies at Electric Daisy Carnival 2014, Marks Seventh Death Since 2011,CONSEQUENCE OF SOUND (June 24, 2014, 8:03 AM), http://consequenceofsound.net/2014/06/second-person-dies-at-electric-dance-carnival-2014-marks- seventh-death-since-2011/ [https://perma.cc/GS2A-N5H8]. 10. Id. 11. Dennis Romero, A SoCal Woman Who Attended EDC Vegas Has Died, Reports Say,L.A. WEEKLY (June 24, 2016, 9:33 AM), http://www.laweekly.com/music/a-socal-woman-who-attended- edc-vegas-has-died-reports-say-7068717 [https://perma.cc/3UJ9-8PUY]. 12. Arman Sharif, Arman Sharif: Preventing More Tragedy Following HARD Summer Musical Festival Deaths,DAILY BRUIN (Aug. 14, 2016, 10:31 PM) http://dailybruin.com/2016/08/14/arman- sharif-preventing-more-tragedy-following-hard-summer-musical-festival-deaths/. Fortunately, there were no deaths reported at HARD Summer Music Festival in 2017. See Tracy Bloom, 107 Arrests Made, 19 Hospitalized During Hard Summer Music Festival in Devore: SBSD,KTLA(Aug. 7, 2017, 8:16 AM), http://ktla.com/2017/08/07/107-arrests-made-19-hospitalized-during-hard-summer-music- festival-in-devore-sbsd/ [https://perma.cc/ZRW8-2XHG]. 13. See Rong-Gong Lin II, Three Who Died After Hard Summer Rave Overdosed on Ecstasy, Coroner Says,L.A.TIMES (Nov. 30, 2016, 7:20 AM), http://www.latimes.com/local/lanow/la-me-ln- hard-summer-rave-ecstasy-overdose-20161130-story.html [http://perma.cc/P7WY-SQK8] (stating that the three deaths in 2016 were ecstasy-related); Rong-Gong Lin II & Richard Winton, After Fatal Drug Overdoses at Rave, Parents of Dead 19-Year-Old File Lawsuit,L.A.TIMES (July 28, 2016, 4:15 AM), http://www.latimes.com/local/lanow/la-me-ln-rave-lawsuit-20160728-snap-story.html (stating that the three fatalities from 2014 and 2015 were ecstasy-related). 14. Dave Herrera, Activist Whose Daughter Died from Drugs Wants Prevention at EDC Festi- vals,LAS VEGAS REV.-J. (June 17, 2016, 12:57 PM), http://www.reviewjournal.com/neon/electric- daisy-carnival/activist-whose-daughter-died-drugs-wants-prevention-edc-festivals [https://perma.cc/AJP7-AX59]; AMEND THE RAVE ACT!, https://www.amendtheraveact.org/ [https://perma.cc/BY24-2CD2]. 15. AMEND THE RAVE ACT!, supra note 14. 2018] THE “RAVE” ACT 945 nation of MDMA and dehydration after dancing for hours in a hot, over- crowded environment, which ultimately led to hyperthermia or heat stroke.”16 In fact, the most common cause of MDMA-related death is hy- perthermia; dehydration, over-hydration, and toxic combinations of drugs misrepresented as MDMA also cause many MDMA-related hospitaliza- tions and deaths.17 Is it possible to prevent future drug-related deaths at music festivals? Clearly zero-tolerance drug policies and strict security measures are not working. Many people argue that music festival promoters should finally acknowledge drug use by providing harm reduction services onsite.18 Drug- education organizations like DanceSafe offer a variety of harm reduction services at festivals—education in how to stay cool and hydrated at the festival, cool-down areas where people can take a break from dancing, and drug testing kits to determine if a pill is cut with potentially dangerous adulterants.19 Unfortunately, music festival producers often shun drug- education organizations like DanceSafe out of fear that they will be fined or criminally prosecuted for allowing or encouraging drug use on the festi- val’s premises.20 Many music festival organizers believe that the presence of harm re- duction measures could make them liable under the Illicit Drugs Anti- Proliferation Act of 2003, which imposes harsh fines and possible jail time on event organizers who allow or encourage drug use on their premises.21 The bill is commonly known as the RAVE Act (“Reducing Americans’ Vulnerability to Ecstasy Act”), the name under which the legislation was originally proposed in 2002.22 Although the text of the RAVE Act does not specifically target music festivals or concerts, the bill’s name, legislative history, and overly broad language rightfully give music festival organizers 16. Id. 17. Kristen Gwynne, Meet the People Who Want to Make It Safer to Take Drugs at Festivals, ROLLING STONE (Aug. 7, 2015), http://www.rollingstone.com/culture/features/meet-the-people-who- want-to-make-it-safer-to-take-drugs-at-festivals-20150807 [https://perma.cc/LF3F-ECU7]. 18. Id. 19. Id. 20. Id. 21. Janelle Brown, Your Glow Stick Could Land You in Jail,SALON (Apr. 16, 2003, 12:29 PM), http://www.salon.com/2003/04/16/rave/ [http://perma.cc/4TSW-2AFA]; Pasquale Rotella (PasqualeRotella), I am Pasquale Rotella, CEO of Insomniac, Electric Daisy Carnival and EDMBiz. Ask Me Anything.,REDDIT (June 19, 2014), https://www.reddit.com/r/electronicmusic/comments/28kk8n/i_am_pasquale_rotella_ceo_of_insomniac _electric/cic2dlx [https://perma.cc/LAE4-U58A] (“Unfortunately some people view partnering with DanceSafe as endorsing drug use rather than keeping people safe, and that can prevent producers from getting locations and organizing events.”).
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    volume 6 issue 1 2013 Greg Lake Comes Full Circle LE BAS 23 Successfully Safe Years of White Glove Charter Service Buford Jones PLUS: Clair Robe GMatter MADONNA IT’S A MATTER OF SCALE photo credit: Southern Reel “You guys saved the day…we couldn’t have WWW.AIRCHARTERSERVICE.COM done it without you! I’m sure thousands of fans are thanking you as I type” Use your smartphone to scan and watch our corporate video Air Charter Service (ACS) are longstanding experts providing aircraft charter solutions for artist HELICOPTERS management companies and tour managers worldwide - successfully flying equipment, crew TURBOPROPS and some of the world’s most renowned artists on large scale music tours. Our global network PRIVATE JETS of offices are able to provide flexible and bespoke solutions to meet your exact requirements, EXECUTIVE AIRLINERS whatever your aircraft charter needs. COMMERCIAL AIRLINERS Contact us today to see how we can look after your logistical requirements. CARGO AIRCRAFT A GLOBAL LEADER IN MUSIC INDUSTRY CHARTERS N.AMERICA | S.AMERICA | EUROPE | AFRICA | CIS | MIDDLE EAST | ASIA volume 6 issue 1 2013 contents IN THE NEWS 6 SOUND “The Stones Roll at 50 with Clair” 7 LIGHTING “Robe Adds its Voice to Top German Talent Competition” 8 VIDEO+CHARITY “GMatter Delivers Video Content Design for Journey’s World Tour” “The Hands That Rock Massages the Future for Underprivilaged Children” 9 REHEARSAL FACILITY “S.I.R. Opens New Rehearsal Studios in Vegas” 10 NEW HIRES FEATURES 12 “GREG LAKE COMES FULL CIRCLe” 16 LE BAS “23 Successfully Safe Years of White Glove Charter Service” 20 MADONNA’S MDNA “It’s A Matter Of Scale” 27 MDNA CREW/PRODUCTION 30 BUFORD JONES 32 Obituary: Ed Hopson FROM THE Publisher Is it possible? Is it 2013 already? Where did the last year go? Maybe this is a function of age, but it seems that it we went from Spring to Christmas in a blink of an eye! Tour Link is on us and that is where our year begins.