Coalition to Legalize Mixed Martial Arts in New York: Small Victory for NYS in the Battle for Regulated MMA

If you have been following this blog you are aware that the ban on live professional Mixed Martial Arts (MMA) in New York State (NYS) is the target of a federal lawsuit spearheaded by Zuffa, LLC (parent company of the UFC) and many other plaintiffs including Jon Jones, Frankie Edgar, Gina Carano, Joe Lozito, and several other professional & amateur fighters, coaches, and fans.

Since Zuffa et al.’s legal team filed the initial complaint last November, there has been a volley of motions and counter arguments all for the eyes of Judge Kimba Wood of the United States District Court (NYS Southern District) who will determine the future of the case. The majority of which have revolved around NYS’s motion to dismiss counts 4 & 5 of the complaint and maintain the ban on live professional MMA in NY.

While most of the media has targeted Zuffa et al.’s assertion that the ban on live professional MMA violates freedom of expression guaranteed by the U.S. Constitution, there are several more critical assertions made in the complaint. The complaint asserts that NYS’s ban violates the U.S. Constitution on 7 counts:

Count 1 – The ban is unconstitutional as applied to plaintiffs (1^st Amendment)

Meaning: The ban violated guaranteed freedom of expression.

Count 2 – The ban is unconstitutionally overbroad and facially invalid (1^st Amendment)

Meaning: The ban is so broadly written that it violates several constitutionally protected rights in addition to freedom of expression.

Count 3 – The ban is unconstitutionally vague (Due Process)
Meaning: The law is so unclearly written that a person of ordinary intelligence cannot know what is prohibited after reading it.

Count 4 – The ban violates plaintiffs’ rights to equal protections of the law (14^th Amendment)
Meaning: The law arbitrarily singles out and prohibits MMA while NYS allows equally or more dangerous sports to be legally practiced.

Count 5 – The ban is unconstitutionally irrational (Due Process)

Meaning: The government is intruding on liberty without rational reason.

Count 6 – The ban unconstitutionally restricts interstate commerce (Commerce Clause)

Count 7 – The 2001 liquor law is unconstitutional as applied to the plaintiffs (1st Amendment)
Meaning: In 2001 the NY Alcoholic Beverage Control Law was amended to ban alcohol-serving venues from hosting MMA (both professional and amateur), but not other combative sports such as boxing. This is how the state was able to shut down many amateur MMA shows.

On August 17^th, The Fight Lawyer reported that Judge Wood ruled in favor of NYS's motion and ordered a dismissal of counts 4 & 5 of the Zuffa et al. complaint. While this is a small victory for NYS, the process is far from over. The remaining (some argue more legitimate) counts have yet to be addressed.

To get a more detailed understanding of what all this means, I encourage everyone to read the actual court documents listed here:

11/15/11 - Initiat Zuffa et al. complaint

1/27/12 – NYS motion to dismiss counts 4 & 5

2/17/12 – Zuffa et al.’s response to NYS motion to dismiss

3/2/12 – NYS’s rebuttal to Zuffa et al.’s response

8/16/12 – Judge Wood’s order to dismiss counts 4 & 5