Wednesday, January 7, 2004

Sports and Zoning Law: Even zoning laws can intrude on sports. This article discusses a fight over the zoning of the land on which a golf course sits. Currently it is zoned as agricultural, but developers want to change the zoning to commercial so that the land can be re-developed. Thanks to How Appealing for the link.

PGA Media Fight Goes to 11th Circuit: The lawsuit against the PGA Tour concerning the reporting of real-time golf scores will be argued in the 11th Circuit on January 14. Morris Communications, which owns several newspapers, argues that the Tour violated anti-trust laws when it forced media outlets to delay the reporting of real-time scores in order to gain access the PGA's press center. Morris argues this was done so that the Tour's own website would have exclusivity in the reporting of real-time event scores.



The district court judge threw out Morris' claims, concluding that the publisher "free-rides on the PGA Tour's efforts in compiling the scores." In its appeals briefs, Morris has argued that it does not free-ride on the Tour's core business of promoting golf tournaments and that the tour does not have any intellectual property right to golf scores.



This is the second golf-related case the 11th Circuit has heard in as many months. The other concerned the right of women's groups to protest outside of Augusta National during the Masters.

Arrington Signs Group Licensing Pact: The Sports Business Daily is reporting that Redskins linebacker Lavar Arrington has ended his holdout as the only player who refused to sign the NFL Player's Association Group Licensing Pact, an agreement which allows the NFLPA to make deals using his name, number, voice and image in licensed deals involving six or more NFL players. Arrington had previously filed lawsuits against Nike and adidas, asking that the companies cease selling Arrington jerseys, and against three trading card companies for producing cards bearing his likeness without his permission. It is unclear what caused Arrington to change his mind and sign the agreement.

Media Out in Bryant Hearing?: Prosecutors and an attorney for the accuser of Kobe Bryant have requested that a hearing detailing the accuser's medical history be closed to the media. Bryant's own attorneys have asked that a different hearing be closed to the media because the evidence introduced could prejudice their client at trial.

Richardson Seeks Dismissal of Counterclaim: Nolan Richardson, the former men's basketball coach at the University of Arkansas, has objected to a counterclaim filed by the University that states that Richardson violated the terms of the buy-out of his contract by filing his lawsuit against the University. Arkansas seeks either a dismissal of the lawsuit or a return of the $800,000 paid to Richardson as part of the agreement.

Rose Admits to Betting on Baseball: Unless you have been living in a cave, you know that Pete Rose has a new book out admitting that he bet on baseball and on his own team, but denying that he ever bet against his own team.



ESPN has an article here, including an assertion that Rose bet from the clubhouse.



FindLaw has an article here.



The New York Times has an editorial today calling the confession "lame."



The Sports Business News has an article stating that Rose's confession should not be trusted.



The fact is that Rose took 14 years to admit what everyone already knew-- he bet on baseball and deserved the ban handed down by Major League Baseball. I am not certain why this admission should change anything. If a man convicted of murder confessed 14 years later, he would not be released from prison. In addition, he would not receive a reduced sentence for "coming clean." Rose tarnished the game in his actions, in his banishment and now in his confession. Peter Gammons said it best and I paraphrase: Why would someone who claims to love the game of baseball time his confession to overshadow this year's Hall of Fame inductions? The answer: Pete Rose has always cared more about himself than about the game of baseball.



So, should Rose be inducted into the Hall of Fame?



Gammons has reversed his initial thought and now says he will vote no if Rose is on the ballot. A number of other voters would also vote no, and even the Cincinnati Enquirer states that his confession does not change a thing. Others, however, still argue that his playing career should be separated from his subsequent actions.



In his admission, Rose has proven once again that he just does not understand the situation and thinks himself above the game of baseball. Many people, like Gammons, once believed that if Rose came clean, they would vote him into the Hall of Fame. However, the manner of Rose's admission, which focused much more on making money than making things right, have infuriated those voters who supported Rose and threatened his chance of entering into the Hall.



As for this writer, I believe that Rose deserves entry as a player, but his plaque should include that he was banned from the game in 1989. This would allow all Hall visitors and history to reflect on Charlie Hustle the player while always remembering that he became Charlie Hustler the manager.



I think a similar plaque should be erected for Shoeless Joe Jackson, whose supporters have been following the Rose story carefully.

Tuesday, January 6, 2004

College Bands Drowned out by Marketers: The Wall Street Journal (no link available) has a very interesting article today about the increasing influence of in-game marketing promotions and the resulting impact on college pep bands. Many bands, including the Louisville band profiled, have had their in-game playing time cut in half to make way for free throw contests, on-screen ads and other promotional gimmicks that can cost as much as $15,000 per spot. Now, when the home team is in the midst of a comeback or the crowd is fired up, a timeout will bring a commercial, not a song from the pep band designed to fuel the crowd's energy. "It's like throwing a wet blanket on the crowd," said the Louisville band director.



This represents just one more manner in which "revenue-producing" college sports (i.e. men's basketball and football) are becoming lesser pro leagues, complete with all of the annoyances of professional basketball and football games. Even at Cameron Indoor at Duke (where I went to school), the number of in-game promotions has increased, though it is (thankfully) tempered by the lack of a video screen. Is it any wonder that college athletes are pushing to be paid, or are desperate to leave early for a paycheck? The players are not dumb-- they see that they are merely pawns in the "minor" leagues of the NBA or NFL. Where as the college game used to be a different experience, complete with school spirit and inspiring bands and cheerleaders, it is fast becoming a lesser clone of the pro leagues. As a result of this, players see no reason to stick around in a "lesser" pro league and head instead for the real deal. To keep college players, universities must give them a reason to stay: namely, a unique college athletic experience that does not compete with, but rather stands out from professional sports.