SCREWCREDIT
Member
Florida
Note: This post is for my personal knowledge only. I was not involved this incident nor do I know those who were. I am trying to further advance my education on the right to detain in the State of Florida. My post is a little long winded and will probably require the interest and experience of a knowledgable individual. It is an interesting scenario though.
The other night I was at one of Tampa's hottest night clubs, The RoundUp. You can visit their website at www.theroundup.com. I've been a loyal patron of the club for almost 8 years. About a year ago, I noticed their head bouncer started carrying handcuffs on his utility belt. Last Saturday night, I realized that quite a few of their bouncers are now equipped with cuffs.
While at the club, a customer on the dance floor got into some heated argument with the head bouncer. I believe he was asked to leave and refused to comply, only becoming more vocal. About that time, 6 bouncers tackled him to the dance floor. They carried him outside the club in a horizontal fashion, set him on the pavement, and handcuffed him. His wife, who was also on the dance floor at the time of the incident, became upset, walked out of the club and started to approach the area where her husband had been detained by security. They backed her up forcefully, and eventually took her to the ground when she became fidgety. They were about to handcuff her when she stated she would comply.
The bouncers let her up, but still had her husband restrained on the ground with their knees on his back. They eventually stood him up after he agreed to be cooperative. About 15 people went to storm out of the club to watch the drama but the door bouncer quickly closed the doors and held them shut while screaming get back inside. Another girl who works for the club was outside shouting "You're not coming out here right now." Me and a friend somehow made it out and weren't told to go back inside, so we witnessed the drama. There was also a guy next to us who had been standing out front recording the event on with his video phone. The door bouncer noticed what he was doing, walked over and said "What are you doing?" "What are you doing?" and closed the lid of his phone.
The Round Up did notify the sheriff as this all took place and law enforcement showed up about 10 minutes into this incident. The responding police officer scolded the customer telling him the head bouncer is in charge and he should of listened to his verbal commands. He was taken to jail on a charge of disorderly conduct. The officer applied his handcuffs, removed the bouncers, and handed them back to him.
See the following link for more information on the individual who was arrested.
http://www.hcso.tampa.fl.us/pub/default.asp?/Online/qdisp/bn=06013495
Here are my questions.
1. Does any entertainment establishment in this state have the statutory right to detain a feuding customer? - I have prior knowledge that detention in loss prevention scenarios are only permissible in the State of Florida in cases of retail theft or theft involving farmers. Detention in these instances can also only ensue if it is believed that by detaining the suspect, the property in question can be recovered. Obviously, loss prevention statutes do not apply here. As I did some more research yesterday, I found Florida Statute 509.143 which grants the right to Lodging and Food Service Establishments to detain anyone who is disorderly and believed to be a threat to the safety of others or themselves. At first, I thought I answered my own question. But after reading the definitions in 509.013, "entertainment establishments" are not at all mentioned. Keep in mind The RoundUp does NOT serve food, only alcoholic and non-alcoholic beverages. I do not believe they qualify as a "food serving establishment" by the chapters definitions serving only liquid. They could potentially be referenced under the "leasing space" clause maybe, as people do pay to get into the RoundUp. From a legal perspective, this admission may qualify as "leasing space". I'm really not sure.
509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.--
http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=CH0509/Sec143.HTM
509.013 Definitions.--As used in this chapter, the term:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0509/ch0509.htm
2. Did the club violate state fire code by holding the doors shut as people were trying to exit?
3. Did the club unlawfully hold those people trying to exit the building against their will, and quite possibly every individual within, for the few minutes they refused to let the doors open? Keep in mind it was only 1:30am. Closing time is at 3. The situation was under control, the suspect was detained and his wife was being cooperative.
4. Did the club violate constitutional rights in addition to unlawful detention of those inside?
5. It's my opinion the door bouncer committed battery when he closed the lid of the customers phone. This occurred directly in front of the establishment which is located in a strip plaza. What's yours?
Thanks for your input.
Note: This post is for my personal knowledge only. I was not involved this incident nor do I know those who were. I am trying to further advance my education on the right to detain in the State of Florida. My post is a little long winded and will probably require the interest and experience of a knowledgable individual. It is an interesting scenario though.
The other night I was at one of Tampa's hottest night clubs, The RoundUp. You can visit their website at www.theroundup.com. I've been a loyal patron of the club for almost 8 years. About a year ago, I noticed their head bouncer started carrying handcuffs on his utility belt. Last Saturday night, I realized that quite a few of their bouncers are now equipped with cuffs.
While at the club, a customer on the dance floor got into some heated argument with the head bouncer. I believe he was asked to leave and refused to comply, only becoming more vocal. About that time, 6 bouncers tackled him to the dance floor. They carried him outside the club in a horizontal fashion, set him on the pavement, and handcuffed him. His wife, who was also on the dance floor at the time of the incident, became upset, walked out of the club and started to approach the area where her husband had been detained by security. They backed her up forcefully, and eventually took her to the ground when she became fidgety. They were about to handcuff her when she stated she would comply.
The bouncers let her up, but still had her husband restrained on the ground with their knees on his back. They eventually stood him up after he agreed to be cooperative. About 15 people went to storm out of the club to watch the drama but the door bouncer quickly closed the doors and held them shut while screaming get back inside. Another girl who works for the club was outside shouting "You're not coming out here right now." Me and a friend somehow made it out and weren't told to go back inside, so we witnessed the drama. There was also a guy next to us who had been standing out front recording the event on with his video phone. The door bouncer noticed what he was doing, walked over and said "What are you doing?" "What are you doing?" and closed the lid of his phone.
The Round Up did notify the sheriff as this all took place and law enforcement showed up about 10 minutes into this incident. The responding police officer scolded the customer telling him the head bouncer is in charge and he should of listened to his verbal commands. He was taken to jail on a charge of disorderly conduct. The officer applied his handcuffs, removed the bouncers, and handed them back to him.
See the following link for more information on the individual who was arrested.
http://www.hcso.tampa.fl.us/pub/default.asp?/Online/qdisp/bn=06013495
Here are my questions.
1. Does any entertainment establishment in this state have the statutory right to detain a feuding customer? - I have prior knowledge that detention in loss prevention scenarios are only permissible in the State of Florida in cases of retail theft or theft involving farmers. Detention in these instances can also only ensue if it is believed that by detaining the suspect, the property in question can be recovered. Obviously, loss prevention statutes do not apply here. As I did some more research yesterday, I found Florida Statute 509.143 which grants the right to Lodging and Food Service Establishments to detain anyone who is disorderly and believed to be a threat to the safety of others or themselves. At first, I thought I answered my own question. But after reading the definitions in 509.013, "entertainment establishments" are not at all mentioned. Keep in mind The RoundUp does NOT serve food, only alcoholic and non-alcoholic beverages. I do not believe they qualify as a "food serving establishment" by the chapters definitions serving only liquid. They could potentially be referenced under the "leasing space" clause maybe, as people do pay to get into the RoundUp. From a legal perspective, this admission may qualify as "leasing space". I'm really not sure.
509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.--
http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=CH0509/Sec143.HTM
509.013 Definitions.--As used in this chapter, the term:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0509/ch0509.htm
2. Did the club violate state fire code by holding the doors shut as people were trying to exit?
3. Did the club unlawfully hold those people trying to exit the building against their will, and quite possibly every individual within, for the few minutes they refused to let the doors open? Keep in mind it was only 1:30am. Closing time is at 3. The situation was under control, the suspect was detained and his wife was being cooperative.
4. Did the club violate constitutional rights in addition to unlawful detention of those inside?
5. It's my opinion the door bouncer committed battery when he closed the lid of the customers phone. This occurred directly in front of the establishment which is located in a strip plaza. What's yours?
Thanks for your input.
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