Last night ABC premiered a horrible Big Brother knock-off called The Glass House. Despite the name of the show, it wasn’t about Toronto FC fans reaction to the public intoxication arrests of Nick Soolsma, Luis Silva and Miguel Aceval.
You see, based on how "refreshed" the typical TFC crowd is, many Reds fans appear to be casting stones in their glass houses today.
[PRBREAK][/PRBREAK]
Let’s review what we know:
- The three men were outside Club Escobar in downtown Houston early Monday morning.
- There was a verbal altercation between “several” people outside the club
- Police arrested the three and accused them of public intoxication.
- One of the three tried to flee after the police started to place the others under arrest
Through secondary reporting by Ives Galarcep, we’ve heard suggestions that Silva may not have been in the club and was simply there to pick up the other two. Silva is also reported to have been the one who ran from police. Galarcep also reported that it was a “disgruntled ex-girlfriend” that tipped off the Toronto Sun to the arrests.
What we don’t know:
- Whether they were actually drunk (without an admission of guilt, or breathalyzer results, we are only assuming intoxication)
- Whether they were involved in a physical altercation (that the Toronto Sun changed its headline from “TFC players busted in drunken brawl” to “TFC players busted outside Houston club” may suggest that there wasn’t any indication of violence)
- How they ended up in the altercation (it probably doesn’t matter, but if you’ve ever been to a nightclub at closing time you know that stuff can happen and that it’s easy to get caught up in that stuff even if you’re not really looking to. It’s not that crazy of an idea that the three men were targeted by those that recognized them as well – that wouldn’t excuse anything, but might help us to understand the incident better)
In Texas, public intoxication is considered a Class C Misdemeanor, which is the same category as a speeding ticket. It is punishable by a fine of up to $500 and usually requires 4-12 hours in jail (i.e., the drunk tank) at the time of the incident.
If Silva was charged with resisting arrest – a far, far more serious charge that could potentially carry a prison term – it’s likely we would have heard about it by now and it seems very unlikely that he’d be allowed to travel back Canada.
So, until we hear otherwise we can likely assume he was only charged with the Misdemeanor.
As a Misdemeanor, the charges will not restrict the player’s travels into the United States. However, one must also look at how the charge is handled in Ontario to understand if it will affect travel back into Toronto.
The law in Texas is far less nuanced than it is in Ontario, where there are two levels of public intoxication. The lower level, and most commonly enforced, requires something more than just being a little tipsy, but not enough that the person would be obviously under the influence to others. The punishment is a ticket and a cab ride home.
It’s only when someone reaches a point of “gross intoxication” – obviously drunk to others – that the more serious charge, which involves a trip to the drunk tank, is made.
The law in Ontario is designed to provide police with the tools to ensure public safety, but is also designed to make it difficult for police to apply it in cases where the level of intoxication does not represent a danger to the individual or others.
It seems likely that the three would have received tickets and a cab ride home if they were picked up outside Musik. It’s quite possible we never hear about it in that case. It’s also pretty clear the Ontario interpretation of the law ensures that the players will not experience difficulty traveling home.
When discussing what the appropriate internal response is to the incident it’s also valuable to understand how the law is enforced in Texas. By treating public intoxication the same as a speeding ticket, the State has made it much easier for police to lay the charge. That, in turn, should at least partially influence how TFC reacts to it. There wouldn’t be sensationalistic headlines in the local tabloid if they had been nailed for doing 70 mph in a 55.
As professional athletes, the players have a greater responsibility than your average person would in the same situation. They represent the club and the city on all occasions and therefore must be held responsible for putting themselves in this position. There is no doubt that there needs to be some sort of consequence.
However, suggestions that the players should have their contracts voided are more than a little over the top. It’s also a bit much to suggest that a failure by TFC to tell us what the consequences are is an example of the club “sweeping things under the rug.” It would be in the club’s best interest to do so, but clubs don’t routinely disclose internal fines for curfew violations and, for all we currently know, that could be the worst thing the players are guilty of.
If it comes out that the three were drop-dead drunk and throwing punches then we can revisit it. Until we know more, however, let’s dial the moral outrage back about 50 notches and take an honest look at the incident.
There should be a punishment. That punishment should fit the crime.