More on Age Limits in Professional Sports

The Indianapolis Star asks, "Is it fair for NBA to keep youth out?" (04/27/05). The article discusses both the quality of play in the NBA, as well as the potential success of any legal challenge a new age restriction.

Legal experts say new restrictions could be vulnerable to a challenge in court, despite the failed effort by Maurice Clarett to overturn the NFL's limits on entering that league's draft. That's because, unlike in football, there is plenty of evidence that basketball players straight from high school can succeed in the pros.

Any change in the NBA's rule would be part of a collective bargaining agreement to replace the current deal, which expires June 30. NBA deputy commissioner Russ Granik predicted earlier this week there would be increased restrictions, based on age or years out of high school.

The current rule requires a player's class to have graduated high school.

One of the legal experts quoted by the article is our own Mike McCann:

Michael McCann, a member of Clarett's legal team and a law professor at Mississippi College School of Law, said it's inevitable that someone will mount a legal challenge to any new restriction in the NBA. He said a reasonable case could be made based on the success of players drafted out of high school, dating to Kevin Garnett in 1995.

"I think there's a mistaken impression that (the Clarett case) dictates that a player could not challenge any ban," McCann said. "There's a big distinction in issues -- namely a track record, a 10-year track record of players going from high school to the pros and succeeding. I think that's a critical distinction that a court would consider. Clarett had to argue a hypothetical."

The debate over an age limit in the NBA will continue throughout the summer. It appears that the league will really push such a limit and will vigorously defend it in court. The outcome of a potential case could have a lasting impact on both professional sports, and antitrust and labor law.

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