Festival Travel: How to Not Get Arrested

Article by: The Festival Lawyer|@FestivalLawyer

Thu March 06, 2014 | 00:00 AM


This year I had the opportunity to hear Shelly Finkel, Head of Acquisitions for SFX Entertainment, speak at the International Music Festival Conference (IMFCON). At the end of his talk, Finkel mentioned that the festival scene in Europe (and elsewhere) is about five years ahead of anything being done in the States.

This got me thinking: If I love festivals now, how much would I love festivals that are five years ahead of the curve? This led me down the rabbit hole, researching festivals on Fest300 and thinking about where I might want to go.

Foreign travel is obviously exciting, but before we get carried away planning our costumes and booking airfare, it's a good idea to answer a few basic legal questions before heading to a festival outside the US:

Is there anything you should know about the criminal justice system of the country you are visiting?

Do you need to do anything to avoid legal issues upon entering the country?

What are the penalties for drug use in the country you will visit?

What are the rules about alcohol and DUIs in the country you will visit?

What do you need to know about bringing items into the country?

Let’s look at a couple of popular foreign music festivals and see how these questions might work in practice.

Shambhala, Canada

Photo credit: Jeff Cruz

For deep tracks deep in the Canadian wilderness, head to Shambhala , a music festival held in August in Salmo, British Columbia. Shambhala is famous for its efforts to create a positive, feel-good scene. For example, the fest has roving “Shambhassadors,” volunteers who spread “Shambhalove” by making sure that attendees are safe and comfortable and are having a great time.

What you should be aware of legally

An American who has been convicted of a DUI is considered “criminally inadmissible” and therefore not legally allowed to enter Canada. Fortunately, Canada allows you to enter if you first obtain a “Temporary Resident Permit (TRP), explain the nature of your visit, and pay a processing fee. You can find more information about how to enter Canada with a prior criminal history here .

The lesson here is that if you have any kind of a prior criminal record (even a relatively minor one), you should always check to see how it might impact you in terms of entering a foreign country. There are several countries that will turn you around at the border and send you home if they find you have a criminal history. Better to check now than have your trip ruined!

Roskilde, Denmark

Photo credit: Christian Hjorth

Roskilde is a fest held in Roskilde, Denmark, at the end of June. Fest300 describes it as, “...something akin to a summer camp for adults,” due to general good vibes, laid-back scene, and the fact that you can camp, swim and run around naked here.

What you should be aware of legally

That laid-back scene doesn't translate to lenient DUI laws. Denmark has very strict rules against drinking and driving. The legal driving limit is 0.05% BA (Blood Alcohol). People who are caught breaking this law can expect extremely high fines and usually jail time.

Keep in mind that a 0 .05% BA is about half the legal limit set for DUIs in the US (.08%). It would be easy to reach this limit after only two or three drinks. This makes it even more important to have a designated driver or use public transportation if you do go out drinking.

Tomorrowland, Belgium

Photo credit: IDT Belgium

The mother of all EDM dance parties, Tomorrowland is held in Boom, Belgium at the end of June. (Because, you know, why wouldn’t it be called “Boom"?) Tomorrowland is famous for its absolutely phenomenal stages, pyrotechnics and visuals.

What you should be aware of legally

Like most modern music fests, a certain amount of drug use is basically par for the course at Tomorrowland. Although Tomorrowland isn’t known for being particularly strict in terms of enforcement issues, you should be aware that penalties for possessing, using, or trafficking illegal drugs in Belgium are severe, and convicted offenders can expect long jail sentences and heavy fines.

Also, Belgian law requires that everyone carry official identification at all times. That means that if you are a U.S. citizen you must carry and be prepared to present your passport upon the request of any Belgian police official.

BPM Festival, Mexico

Photo credit: Pearcey Proper

Held in Playa Del Carmen, Mexico, BPM is a rager of an EDM festival that keeps getting more buzz each year. It’s also a great example of how global the EDM phenomenon currently is.

What you should be aware of legally

Mexico’s criminal justice system is very different from ours. Under Mexican criminal law, the accused is essentially considered guilty until proven innocent. There is no jury. Instead the judge makes the final decision about the guilt or innocence of the defendant.

If you are arrested in Mexico, you will be asked to make an “official statement” to authorities within 48 hours about what happened. It is extremely important that you not sign anything you don’t understand. It’s also important that you hire a local attorney who can help you navigate through this very different system.

Glastonbury, UK

Photo credit: Jaswooduk via Flickr Creative Commons

Glastonbury is really the birthplace of the massive modern music festivals we see today. If you are a “festie,” Glastonbury should be at the top of your bucket list.

What you should be aware of legally

You might already know that the UK has very strict gun laws. However, you should also know that a lot of other protection items, like mace, pepper spray and pocket knives are illegal there as well. It’s always a good idea to be extra cautious when it comes to importing any sort of a “weapon” to a foreign country.

Bonus legal tip: Due to a law still on the books, in Britain it is illegal to handle a salmon under “suspicious circumstances.” Which really is common sense when you think about it. I am surprised they even had to make a law about it.

Big Day Out, Australia

Photo credit: Eva Rinaldi via Flickr Creative Commons

Big Day Out is an annual touring festival held in Australia with a long roster of big name acts (back in 1992, the first headliners were Violent Femmes and Nirvana).

What you should be aware of legally

Australia has some of the toughest customs and quarantine laws in the world. The laws were so tough that for the '56 Olympics the equestrian events had to be held in Sweden because the horses didn’t pass Australian quarantine laws.

As a practical matter, this means you can expected to be greeted upon arrival by customs officials and their dogs. Importation of any drug would cause you to be sent back home after incarceration and immigration detention.

I know you weren’t planning on transporting any drugs, but you should also be aware that any sort of food needs to be declared. Seriously, anything at all. At a minimum the food would be confiscated if it is on the banned list. You could also be fined, possibly arrested or reported if you were trying to smuggle goods vs. just forgetting or being ignorant of the rules.

Resources for Foreign Travel

Fortunately, because American citizens are so universally loved and admired, we essentially have a worldwide “get out of jail free” card.  We therefore don’t have to learn anything about the laws of other countries when we travel.

Okay, so maybe that couldn't be further from the truth.

As the State Department puts it:

Foreign laws and legal systems can be vastly different than our own. If you break local laws in the (country you are going to) your U.S. passport won’t help you avoid arrest or prosecution. It’s very important to know what’s legal and what’s not where you are going.

Here is great resource is this link on the State Department’s website.

You can search by each country’s name and get specific information about what’s legal and what’s not for that country.

What to Do if You Get Arrested

Finally, here are some quick tips to help you should you have the misfortune of being arrested:

Contact the nearest consulate or embassy. The embassy can make sure that you have access to legal counsel and contact your family. The State Department will even let you register online with them ahead of time for free.

Don’t sign anything without a lawyer present.

Have family and friends obtain local counsel for you.

In extreme situations, don’t be afraid to use the news media to spotlight your arrest.

The Festival Lawyer is a criminal defense attorney and former prosecutor who combines his love of music and his love for the law to give you legal and practical advice that will make you a safer, more responsible festival-goer. He is a contributing columnist for Showbams. Follow him on Twitter: @FestivalLawyer.