Let Lipton thrive or fail on its own

July 25, 1990

Another brainy idea from the county manager: using a tourism tax to build a tennis stadium on Key Biscayne.

Yes, folks, the happy Lipton giveaway continues. In his zeal to keep the International Players Championships at Crandon Park, County Manager Joaquin Avino wants tax dollars used to help pay for a permanent $16.5 million stadium.

This is the very same stadium which, only a few years ago, promoter Butch Buchholz had promised to build with private funds. Not a penny of public money would be spent, he said.

What happened? We got stuck again, that's what. The Lipton is costing county government plenty, and it's about to get much worse. Having been clobbered once in court, the county charges onward heedlessly, making the same mistakes. It is certain to be sued again.

Undaunted, the commission on Tuesday accepted Avino's tennis-tax plan, allowing him to begin negotiations. Short-term memory loss apparently afflicts some of the commissioners, who only two years ago vowed to spend no more public funds on the Lipton.

Hailed by supporters as a booming triumph, the tennis tournament nonetheless loses money year after year. Most private businesses, faced with such chronic deficits, would either reorganize or go bankrupt. Not the Lipton, which has been a special charity case from Day One.

First the county handed over a big chunk of a public park. Then it financed a $1 million clubhouse. Then it paid for the parking lots. Then it sweet-talked the state out of a cool $1 million or so. Now it wants to tax tourist motels to bankroll a new stadium.

Which brings up another mystery. For months we've been warned that the Lipton would abandon Dade County for greener pastures if a permanent 12,000-seat stadium weren't constructed. Then an appellate court ruled that the tournament violates the deed, as written by the Matheson family when it donated the unspoiled property half a century ago.

Suddenly the ultimatum for a 12,000-seat stadium disappeared. Planners emerged with a new scheme for a smaller, 7,500-seat stadium with more public parking. It was put forward as a "compromise" to please worried Key Biscayne residents—but the real effect was to dodge the South Florida Regional Planning Council, which must review and approve large projects. Supporters defend these tactics by saying the Lipton is good for Florida, good for Dade County, good for Key Biscayne. They claim a positive economic impact of $111 million annually—an unsubstantiated puffery based on some of the wildest calculations you ever saw.

Certainly this is a fine tennis tournament, but it ought to succeed or fail on its own. To use millions in tax money to prop up a private sports enterprise is reckless. To use a public park for it is a disgrace.

There's nothing to stop the promoters from buying their own land and developing their own tennis stadium—people in South Florida would cheer for its success. As it now stands, every taxpayer in Dade County should get free admission to the Lipton tournament, since they've paid for so much of it.

Even if the commission votes for the tennis tax, there's an excellent chance the stadium will need a new location. If the Matheson property isn't used exclusively for public park purposes, the deed allows the family to invoke a "reverter" clause to take the land back.

Which is exactly what they're contemplating.

If the Matheson heirs choose to reclaim the donated property, it will be a lacerating embarrassment to the county. The family could give the Crandon tract to either the state or the federal government for preservation as a park. That means no tennis stadium, no retail shops, no tournament.

The county will fight it, of course—spending hundreds of thousands more tax dollars on what could easily be a losing cause. And a misguided one.

Parks shouldn't be used to fill private coffers

April 19, 1992

All parks officially are up for grabs. Dade Circuit Judge Gerald Wetherington has ruled that putting a 14,000-seat tennis stadium in Crandon Park is no big deal.

The pioneer Matheson family, which donated the land, has been fighting the proposed Lipton tennis center. The Mathesons say the property wasn't meant to be handed to a private sports promoter. The 1940 deed gave the land for "public park purposes only."

In a decision that warmed the hearts of would-be developers, Wetherington said: "As times have changed, the concept of public purpose has changed."

Twisted is more like it. The term "public purpose" now means taking public land for the purpose of enhancing private pocketbooks. It's a broad concept that benefits entrepreneurs who are too cheap to buy their own property.

The Lipton technically leases part of Crandon, but the tournament remains heavily subsidized with public funds. Naturally, the new stadium will be built with tax dollars.

Fifty years ago, the Mathesons never imagined that the county would give away the park. When donating the land, they composed the deeds in language that seemed straightforward.

Understandably, family heirs were upset when the county allowed a private sports venture to take over part of Crandon. They've argued adamantly that the tract wasn't intended for commercial exploitation and that the original deed prohibited it.

By ruling against the Mathesons, Judge Wetherington essentially announced that it didn't matter what the family might have intended—a tennis stadium would be built. No clearer message could be sent to future donors of public parks. The county will betray you in a flash unless the deed is airtight:

"I, (YOUR NAME) , hereby give and bequeath the property located at (LEGAL DESCRIPTION) to Dade County, for use exclusively as a park. This deed shall hereby exclude the following commercial events: tennis tournaments, automobile races, soccer, skeet shooting, rodeos, croquet, lacrosse, monster-truck pulls, Wrestlemania or any Battle of the Network Superstars.

"For the purposes of this deed, the term 'public park' strictly shall be defined as a place for public recreation and enjoyment at all times. Turnstiles are forbidden."

Miami lawyer Dan Paul, who helped write the county charter, favors an amendment that will protect the parks from Lipton-type development. Under his proposal, no park could be leased, built upon, or turned over to a commercial enterprise without a countywide referendum.

Ironically, Judge Wetherington's Crandon giveaway came on the same day that plans were revealed to turn Miami's troubled Bicentennial Park into an enormous dock for cruise ships.

It won't be the first time the place is remodeled in the name of private profit. The city previously leased Bicentennial to promoter Ralph Sanchez, who paved it for a Grand Prix. (He'll soon be getting $9 million of tourist tax money to upgrade the racetrack, which is used exactly twice a year.)

Now Carmen Lunetta, czar of the Port of Miami, wants to expand Bicentennial and adjacent property into a fancy harborage for cruise liners. New shops and restaurants would be featured (even though nearby Bayside is gasping for survival). To keep Sanchez happy, Lunetta is tossing in an extra 6,000 seats for the Grand Prix.

Voters bought the Miami waterfront for use as a park, not a commercial port. But, as Judge Wetherington says, times have changed. What's a park these days without taxis, buses, jillions of harried cruise-ship passengers and the occasional nine-pound wharf rat. I'm already packing my picnic basket.