Athletes and the Law: Boating while Black

On Saturday, May 3rd, Chicago Bears running back Cedric Benson was arrested after officers from the Lower Colorado River Authority (LCRA) say that he failed a sobriety test, failed to comply with officers' directives, and was eventually pepper-sprayed. Recently, witnesses have come forward to say that Benson was not intoxicated and did not resist, calling into question the officers' versions of events. What is interesting here is that Lake Travis, where Benson was boating with some friends (and his mom!), is well-known as a "party cove" where boaters congregate to engage in heavy drinking and alcohol-fueled idiocy. In fact, there have been 22 fatalities on the lake in the past 3 years alone, leading to an increased presence from the LCRA. However, the Lake is located immediately adjacent to a wealthy, predominantly white suburb of Austin, Texas (Benson attended the University of Texas in Austin). In addition, Benson's 31.5-foot boat (valued at less than $200,000) is actually small (in both size and value) in comparison to numerous other boats typically found on the lake. Did the LCRA target Benson because: (1) he got into some trouble when he was at UT, and is thus well-known to them (Benson was arrested twice while at UT - once for marijuana, and once for trespassing); or (2) he was a black man partying with some white women on a boat that looked out of place on Lake Travis?

There has been much research over the past decade into the phenomenon of DWB - driving while black. Recent concern over the stop-and-frisk tactics of the NYPD have even led some to posit that WWB (walking while black) is an actionable offense in some areas. Now it appears that several witnesses are arguing that Benson was the victim of BWB - boating while black. Although it is difficult to untangle everything that went on during the arrest due to the location (i.e. fewer overall potential witnesses when the situation occurs on a boat in the middle of a lake), many people are suspicious of the fact that the LCRA is refusing to release the audio tape of the arrest. It would seem that if they feel that they acted appropriately, the LCRA should not have a problem releasing that tape. If, however, their reasons for the initial stop were suspect, and they did in fact treat Benson inappropriately, then clearly the audio tape coming to light would work against them. Benson seems ready to mount a vigorous defense (particularly since his status with the Bears is uncertain due to poor performance on the field) to clear his good name, so we may eventually uncover the whole truth.