If your in a private venue and I'm running my system, Your laser is going away. Away may be in your pocket and your leaving, or held by me until you leave, or in that of a security person, but I'm held responsible for your laser if you use it while my variance is active. It Doesn't matter about the Federal or State fine print. A lawyer could argue that I as a laser professional should know better then to allow unplanned radiation greater then class II to strike a audience member. That is enough for me. All I have to do is say 21 CFR 1040.1 to the Cop. I don't even have to have proof, get the legal citation right nor to make a fake citizen's arrest. And to the venue owner, I just say one (1) word, Liability.
If I let you keep aiming a beam around, I'm open to a lawsuit and loss of my business and huge damages that I could end up paying for the rest of my life. I'm going to have to terminate my show, power down my system and let security deal with you. I also assure you I will have a power meter with me, and if your over 4.95 mW and it doesn't have a accession number on it, odds are I'm gonna argue for it to be confiscated by security as a illegal device. Law or no law, its going away if I'm in a private venue.
In a public venue, I'm going to have to terminate my show, and point you out to law enforcement, and I'm not restarting till your device is gone, one way or another. If I can see something over say IIIA, I'm not going to ask you nicely, I'm going straight to the cops. You will then have a hopping mad audience to deal with you.
My insurance or the events insurance is NOT going to cover me if there is another laser present. So its game over for the pointer, no matter what social engineering or creative fibbing I have to do. If I even think its struck a person's eyes, its staying around for a measurement, on my meter if possible or done later on that of a consultant hired by a prosecutor. Sue me later, and my expert witness will make a fool of you.
There have been several events world wide where licensed, insured, laserists have been accused of causing damage, that could later be attributed to a pointer. One European case resulted in permanent damage to a young ladies eyes at a major rave. A pointer was found at fault.
The AZ case is a possible pending legal matter, and your not going to see any more details for a while. The rave promoter made the decision to smash the unit. The laserist, who was scanned in the face by the pointer, argued for assault charges to be filed and for Az State Radiation Safety Officers to be called. Arizona has a very active safety program and does issue fines.
The laserist in question has a very expensive state license, and the state could cite him against his license, if he allowed continued operation of a non licensed laser in the venue, even if it were "exempt".
I know the guy, he's a friend. He actually wanted the unit kept intact for the safety investigation. He wasn't given much of a option. Law enforcement was present. He's very lucky to have only experienced severe eye strain and loss of a few days work. He did have to undergo medical treatment and have strong anesthetics placed in his eyes for the exam.
You have no moral ground to scan a unsuspecting person in public with laser radiation. And most laser show companies now have a "pointer" clause in their contract to cover this.
And by private agreement of rave promoters and venue owners in Phoenix, pointers are now a banned item.
Steve
