Wednesday, July 18, 2007

Is South Beach too hot for athletes? No, just dumb ones.

SouthBeachHoosier relishes the opportunity to connect some dots on an issue raised by this recent Sun-sentinel story that allows him to finally use, for the first time ever, the famous remark attributed to notorious bank robber Willie Sutton and his rationale for robbing banks: because that's where the money is.

Similarly, the reason why so many athletes are arrested in South Florida or, like Michael Vick at MIA, detained but not arrested- is because of, in no particular order, that's where the sun, the fun and the women are. That's the list!
Honestly, it's not like they're going to be hanging out at the casinos in Hallandale Beach, though Dontrelle lives lives over at the Hard Rock Casino condos in Hollywood.


For comments of bemused and irritated Sun-Sentinel readers, see: http://www.topix.net/forum/source/south-florida-com/TJDRIPJA7BRU7VLDO

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http://www.sun-sentinel.com/sfl-flspsouthbeacharrests15nbjul15,0,1476657.story?coll=sofla_home_util

South Florida Sun-Sentinel
Is South Beach too hot for athletes?

By Michael Cunningham
July 15, 2007


MIAMI BEACH

The South Beach wine-and-dine is a standard recruiting tool for South Florida teams trying to woo players.


But now some agents and Heat coach Pat Riley are telling their players to stay away from South Beach in light of recent athlete-police confrontations.


Since spring 2006, at least 11 athletes have been arrested in Miami Beach's famed party district. That includes the June 23 arrest of former Dolphins defensive tackle Fred Evans and the December DUI charge against Marlins pitcher Dontrelle Willis. (Evans and Willis have pleaded not guilty).


In eight of the 11 arrests, police allege the athletes failed to heed their orders. It's doubtful the player clashes with cops will stop athletes from enjoying the popular destination, but some of their advisers wish players would find another place to party.


"I cringe when I hear my clients are going down there," said agent Mark Bartelstein, who represents about 40 NBA players. He said he tells them to avoid South Beach because he believes in some cases police "mishandled and mistreated" athletes.


Heat coach and President Pat Riley also indirectly raised questions about the Miami Beach police. Riley immediately suspended guard Robert Hite after a DUI arrest in January but, after charges were dropped against Hite, Riley didn't discipline forward James Posey for the same charges in April.


In explaining the different approaches, Riley said he'd made a mistake with Hite and wouldn't decide on any discipline for Posey until he got the "real, real" facts. Police said Hite's blood-alcohol level was well below the legal limit when he was arrested.


Posey has said he wasn't drunk or driving.


"The police, they're watching, they know who's there and you're driving away and you're putting yourself in jeopardy," Riley said recently. "We talk to our guys more now than ever about it."Agent Chubby Wells' client, NBA center Dale Davis, scuffled with police and was arrested last year but later was acquitted by a jury. Wells said he's still considering filing a lawsuit over the incident.


"I am not saying that people don't do anything bad or that all cops are bad," Wells said. "These athletes travel all over ... and it doesn't happen over and over in those places."


Sgt. Bobby Hernandez, the Miami Beach police spokesman, says overzealous police aren't the reason for the string of athlete arrests. Instead, Hernandez said the unique layout of South Beach and the strict public nuisance laws can put athletes at odds with officers.


There's a better chance athletes will come into contact with police at South Beach as opposed to other hot spots, Hernandez said, because it's a relatively small area. Most of the action in South Beach is within a roughly 40-square block area.


Also, Hernandez said Miami Beach police arrest for minor offenses more than cops in other cities because many bars and nightclubs are near residential areas. So loud music, public drinking or blocking traffic can affect locals who don't wish to be part of the party.


"We're a beach community that has to maintain a balance between the residents and the partyers," Hernandez said. "One way to control that is enforcing laws that seem to be minor and go overlooked other places but that affect quality of life tremendously. ... We can't have people playing loud music in the middle of the street at 4 a.m."


It's under that kind of circumstance that athletes have quarreled with Miami Beach police in the past 15 months. Most of those police reports include allegations that athletes were arrested when they didn't follow police instructions.


In May 2006, police arrested then-NBA player Awvee Storey because they said he blocked traffic and wouldn't move when told. Washington Wizards teammate Gilbert Arenas was arrested after police said he approached them to question their handling of Storey and then wouldn't get back in his car when instructed.


Those arrests, as well as that of NFL player Santonio Holmes, came amid a police crackdown on revelers during the South Beach hip-hop party on Memorial Day Weekend. Prosecutors later dropped the charges against all three players, who made $250 donations to a police assistance fund.


In April, Posey was arrested after police said he failed to move his car from a traffic lane when instructed by an officer; his case is pending. Former Panthers goalie Ed Belfour's incident worsened when police said he refused to leave a popular club; he later agreed to a plea bargain.


Police say Evans, the former Dolphin, resisted after they ordered him to leave a taxi. Police arrested NFL player Dhani Jones when he allegedly wouldn't stop dancing in front of a club (a disorderly conduct charge was later dropped).


Thomas Julin, a First Amendment attorney in Miami, said citizens have a Constitutional right to question police action as long as they do not interfere with officers' efforts to maintain order.


"If the athlete is questioning the police and thinks they are being too rash, and is arrested just for that, you definitely have the potential that the officer is acting in violation of the person's rights," he said. "But it's unusual that the First Amendment comes into play in those kinds of arrests you see on [South Beach]."


Police said Davis, the NBA center, refused to leave a hotel when asked repeatedly, accused police of targeting him because he's black and then walked toward police in what they said was an "aggressive manner." Police shocked the 6-foot-11, 250-pound Davis with a stun gun and arrested him.


In December, a jury found Davis not guilty on counts of assault and resisting an officer without violence. Davis told the Associated Press "justice was served." Wells, his agent, said police were too aggressive."You really have to be careful there because people have their eye on you," Wells said in an interview.


Bartelstein, the agent for Storey and Posey, said he's "not trying to lay all the blame on the authorities, because people have to take responsibility," but his experience has shown police to be unfair to athletes."


I think there have been cases where athletes have done wrong but also a lot of cases where guys were taken advantage of," Bartelstein said.


That's not true, Sgt. Hernandez said, adding that police "don't discriminate on who gets arrested and who doesn't." He said, if anything, Miami Beach cops are tolerant of party people, but that circumstances like the time, place and manner in which they party dictate the police response.


Hernandez said the attitude of suspects toward police matters, too. His "no-brainer" advice for athletes and other visitors to South Beach is to do as told by police.


"You are not going to win that argument with a cop out on the street," he said. "You might win later on in court; you might find justice or maybe even win a lawsuit. But that night, you are not going to win."


Staff Writer Ira Winderman contributed to this report.

Michael Cunningham can be reached at mcunningham@sun-sentinel.com.


Copyright © 2007, South Florida Sun-Sentinel

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