The Risks of Putting New York Out of Commission
March 6th, 2011
The Risks of Putting new York out ofCommissionA quick look at Some of the Hazards ofCutting the Budget of the new York State Athletic Commission
Early last month, Michael Marley reportedon Boxing Scene.com that Melvina Lathan, the distinguished Chairperson of theNew York State Athletic Commission (the “Commission”), is likely on her way outas a result of Governor Andrew Cuomo’s need to address new York State’s $10billion budget deficit. Marleyreported that Lathan is but one of up to 10,000 state employees that may orwill find themselves without a job in the coming months, unless she opts tooffer her services on a pro bono basis. while cutting Lathan loose may makesense to some in the context of new York’s bigger problems, the question isbegged as to what happens to the Commission, and the new York boxing scene as awhole, if both Lathan departs and the Commission is no longer provided thebudget it needs to stay fully and capably staffed. a quick look at some of the potential issues and fall-outfollows.
Who will Step up to be the Chief ?
Lathan’s salary is/was allegedly in the lowsix figure range, a respectable salary for someone who is charged with makingcertain that everything runs smoothly at every boxing event staged in new YorkState in a given year. If new YorkState is now unable or unwilling to pay a similar (or any) salary to herreplacement in the midst of its budget crisis, who would step up and accept thethrone? Marley suggested that someone such as retired heavyweight contender “Baby”Joe Mesi may be in the running. Asarticulate and well-liked as Mesi is in new York boxing circles, one has tobelieve that he does not have the grasp on boxing’s legal and regulatoryniceties that either Lathan, or a veteran from boxing’s legal community in NewYork, would have if a respectable salary could be guaranteed. Without a strong Chairperson, theCommission is at risk of losing its edge in terms of continuing to takedecisive steps to keep the bouts under its jurisdiction fair and safe, anddoing its part to take the lead in suspending boxers it feels should not beparticipating in the Sweet Science any longer.
Lose the Battle, Lose the Wars?
If the Commission finds itself whollyunable to budget for a solid Chairperson or staff, will new York State as awhole begin to fall out of the running for major fight cards? in the past year,several notable boxing cards took place at Madison Square Garden, boxing madeits reemergence at (the new) Yankees Stadium with a tremendous action boutbetween Miguel Cotto and Yuri Foreman, and Oscar De La Hoya’s Golden BoyPromotions entered into an agreement to stage monthly cards at Brooklyn’sBarclays Center. With a fracturedCommission, does the annual number of bouts dwindle at the Garden and itssmaller counterpart, the Wamu Theater? Does boxing become a one-off event at thenew Yankees Stadium? Does Golden Boy decide that new York’s house is in toomuch disarray to make the Barclays Center deal worthwhile? probably not, as NewYork can house major events like few other states, but the undercurrent ofuncertainty may be create concern for some.
no Addition given the Subtraction?
The Chief Justice of Standing 8 Courtrecently moderated a forum at the headquarters of the new York County LawyersAssociation during which the panelists discussed and debated the legal andregulatory issues surrounding the legalization of mixed martial arts in NewYork. given the recentness ofMarley’s report at that time, the inevitable question came up: how would theCommission be able to handle the increase in the number of combat sports eventsif MMA were legalized, yet the budget cuts made as to the Commission continued? One answer is that with the estimated$1.3 million in direct revenue and $23 million in economic impact that MMAevents can bring to new York State in a given year, the windfall alone couldhelp pay for the upkeep of a respectable Commission. Indeed, it is beyond question that venues from NassauColiseum, to Madison Square Garden, to University at Buffalo Stadium would sellout in a matter of minutes in the face of a UFC or Strike Force card. Unfortunately, however, any directrevenue generated would likely go straight into the more general budget pool,and likely not be earmarked exclusively for the Commission. in sum, the recent subtraction couldmake the addition of more combat sporting events a daunting prospect for theCommission unless MMA’s legalization was attached to a revamped budget for theCommission. as an aside, here’shoping that the day is near where East Meadow, Long Island’s own Matt Serra andother new York-raised MMA talent will finally get the opportunity to dazzletheir hometown fans without having to place them all on a bus back fromAtlantic City or Newark afterwards.
Who’d be there to keep the Foxes out of theHen House?
One strong feature of the Commission is thearbitration/ mediation mechanism that it has been in place to handle thecontractual disputes that arise between boxers and their management. the result is an economical way to avoidcostly litigation in new York State, a tremendous benefit to the many boxerswhom toil away at their craft for minimal pay in new York’s gyms while awaitingtheir breakthrough opportunities. Many of these boxers already rely on the goodwill of area attorneys/boxing enthusiasts to look over their agreements on the arm and make sure they arenot being robbed by their prospective manager or promoter. Many of those same enthusiasts,however, may be not be as generous with their otherwise billable time if itmeant having to stage a full-blown litigation if the Commission one day did nothave the budget to stay up to speed with its arbitrations and mediations. perhaps new York law firms could handlesuch disputes on a per diem or pro bono basis for the Commission if it came tothat, or perhaps a law school’s sports law clinic, such as those at Valparaisoor University of Vermont, could step in. Without the Commission staying on top of such dispute resolution itself,however, it is very likely that some new York-based boxers would fall throughthe cracks and be subject to abuse without any economical source of recourse ifthe Commission could one day no longer attend to their needs due to budgetcuts.
Standing 8 Court could probably continue onfor a long time with the unsettling potential implications of the recent budgetcuts on the future of boxing in new York State. these above issues, however, should be enough of acontribution for one night to the healthy debate as to why new York Stateshould give some thought to not putting Lathan, and the Commission as a whole,out of commission. on behalf ofthe new York State combat sports community, Standing 8 Court asks that new YorkState find a way to keep the Mecca of Boxing, Madison Square Garden, and boxing’ssmaller houses of worship throughout new York, flush with events, fans, andCommission employees capable of making sure everything runs smoothly. maybe boxing and MMA will notknock out the budget deficit themselves, but at least they can be given theopportunity to do their small part to provide an escape to the new Yorktaxpayers who look forward to attending their events.
Paul Stuart Haberman, Esq. is an attorneyat the new York law firm of Heidell, Pittoni, Murphy & Bach, LLP. He isalso a new York State licensed boxing manager and the Chairman of the SportsLaw Committee of the new York County Lawyers Association. Paul can be e-mailedat .
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