UFC lawsuit against New York: Zuffa and its fighters call MMA ban 'unconstitutional'

by Jesse Holland on Nov 15, 2011 11:57 AM EST in UFC News

If you can't beat 'em, sue 'em.

Zuffa LLC, parent company of Ultimate Fighting Championship (UFC), has filed suit against the state of New York on Tuesday (Nov. 15, 2011), calling "The Empire State's" ban on mixed martial arts (MMA) "unconstitutional."

Here's a an excerpt from today's filing:

New York's live professional MMA ban violates numerous provisions of the United States Constitution, including the first amendment, equal protection clause, due process clause and commerce clause. The live professional MMA ban limits the liberty of those who would, but for the ban, attend live professional MMA events, as well as those who train in MMA and want to exhibit their skills as professionals before a live crowd. Indeed, for the many New Yorkers who devote endless hours of training in MMA and who cannot afford to displace their homes and families to fight elsewhere, New York's live professional MMA ban presents a serious infringement of their rights.

Also named as plaintiffs in today's suit are Jon Jones, Frankie Edgar, Gina Carano, Matt Hamill, Brian Stann -- even SB Nation's own Beth and Donna Hurrle, who have been fighting the good fight over at Gal's Guide to MMA since day one.

A full copy of the complaint, after the jump.

2011.11.15 Complaint

UFC President Dana White and co-owner Lorenzo Fertitta stormed Madison Square Garden (MSG) earlier this year with New York assemblyman Dean Murray and MSG Sports president Scott O'Neil to present an independent economic impact study indicating the "Empire State" would generate about $16 million from the UFC alone based on just two pay-per-view (PPV) events per year, split between "The World's Most Famous Arena" and Buffalo's HSBC Arena.

And that doesn't include the jobs and additional income from regional or independent promotions also throwing their hat into the New York fight scene. Put simply, money talks … and the UFC has the numbers to back it up.

Unfortunately, no one is listening, which has prompted hem to take it to the next level.

See you in court!

For more on New York's MMA ban click here.

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Clever Lawsuit

I like it.

"Did you know that if you mix equal parts
of gasoline and equal parts frozen orange juice
concentrate, you can make napalm?"

by THORAZINE on Nov 15, 2011 12:09 PM EST reply actions

THIS ARGUMENT SUCKS!!!

1. Absolutely no case law
2. This is the type of shit you say when you have zero credibility
3. Fighting is speech? Give me a fucking break
4. The only hope I see out of this piece of shit complaint is the commerce argument
a. Banning a million dollar industry would certainly affect interstate commerce

by Han Solo likes his women Korean on Nov 17, 2011 10:38 AM EST up reply actions

interesting tactic

i feel like it wont work, but idk because i dont have time to read the whole prospectus now so who knows…i guess anything can happen, its worth a shot hah

We all do damage; character is determined by how we repair it.

by magicmike on Nov 15, 2011 12:09 PM EST reply actions

Just read it. Interesting. But most people wont see it the way we see it. Where is Eofghan or however you spell his damn name. I want his take lol.

"......I'm the best ever. I'm the most brutal and vicious, the most ruthless champion there has ever been. No one can stop me. Lennox is a conqueror? No! He's no Alexander! I'm Alexander! I'm the best ever. I'm Sonny Liston. I'm Jack Dempsey....My style is impetuous, my defense is impregnable, and I'm just ferocious......." - Mike Tyson

by AintNoSunshine on Nov 15, 2011 12:20 PM EST up reply actions

minus the F
so much easier when he was just a simple name like.Alf ;)

"with a good physique and explosiveness anybody can perform a takedown"
-RoBerto

by Lesnar's striking coach on Nov 15, 2011 12:31 PM EST up reply actions

I am not an attorney

But 1st Amendment rights have been uphelp in the US Supreme Court numerous times over the last few years.

I expect them to rule that banning somehting because of the message is not Constitutional, but it will cost millions of dollars and will take a few years.

I wonder why the UFC waited this long to file the suit? I wonder what changed in the environment to cause this to be filed now. It can’t just be the FOX deal, or maybe it was planned to occur now, shortly after the most watched UFC event in history. Pretty shrewd if that is the case.

by Eoghan on Nov 15, 2011 12:55 PM EST up reply actions

That's why for sure

UFC on Fox from Madison Square Garden.

Dana’s like every 3 year old girl that dreams of owning a pony. He’s not gonna quit until he sets up his “perfect event”.

Maybe when this is over he’ll worry about fighter wages.

Cote

by jay. on Nov 15, 2011 1:09 PM EST up reply actions

he already has six ponies

he calls them ferraris

either way, i don’t get the fixiation with ny at all. Just travel the goddamn world and fuck the political class in ny if they’re too dumb to see the benefits of sanctioning mma

by ihatepressingf5 on Nov 15, 2011 1:12 PM EST up reply actions

people in new york care though

so just because you dont see the fixation, doesnt mean its not important to alot of people…DC might be the capital of the country, but NYC is the center of the world…it needs to happen

We all do damage; character is determined by how we repair it.

by magicmike on Nov 15, 2011 2:57 PM EST up reply actions

If you perform well in the UFC.. you get paid

There is no question about that. The greats make a shit load of dough imo

enzo

by enzo-enormous on Nov 15, 2011 1:42 PM EST up reply actions

Yeah, but not $24m dough.

by thirdparty on Nov 15, 2011 2:11 PM EST up reply actions

Wow, there’s always some unemployed loser that has to turn everything into a whiny “Pay the Fighters” BS thread.

P.S. I’m just assuming you are unemployed, because if getting paid $10,000 for 15 minutes of work isn’t sufficient for you, you must be. I surely don’t know of an occupation that pays more than $40,000 per hour.

by SprucesWild on Nov 15, 2011 5:14 PM EST up reply actions

They only perform for 15 minutes

They prepare for 2 months prior.

Your premise is like asking Eddie VanHalen to play Eruption perfectly after not picking up a guiter for 3 months.

But I persoanlly think that if the fighter signs the contract and is happy with the pay, no one should bitch.

by Eoghan on Nov 16, 2011 8:55 AM EST up reply actions

Hhmmm... I like that

I wonder if it will get thrown out or not. Must be nice having a team of lawyers that are probably on salary… Just tell them to sue someone and it doesnt even cost more money that any pay period lol

enzo

by enzo-enormous on Nov 15, 2011 12:12 PM EST reply actions

That’s not how it normally works. They are using an outside firm, MoFo (I swear that’s what people call the firm), and almost certainly paying them by the hour.

"I've been blessed with a big old ghetto booty." -- Shane Carwin

Fan of: Cole Miller, Amir Sadollah, Alan Belcher, Bones Jones, Frank Mir

by Pootwich on Nov 15, 2011 4:12 PM EST up reply actions

This suit is pretty big.

Ariel Helwani did an interview with one of the lawyers on Zuffa’s side.

http://www.mmafighting.com/2011/11/15/lawyer-mma-ban-in-new-york-violates-first-amendement/

This is an excerpt from the interview:

You might have heard about this, the Supreme Court had a case last year involving violent video games being sold to minors in California, and the Court struck down that law, saying you can’t ban violence as a message. So even if that were true, that would not be legitimate because we don’t think that’s the message. And then if it’s safety — remember, this law was passed a long time before there were unified rules or any of that — we don’t think the sport was so dangerous back then — there was a lot of hype — but today it’s obviously a complete different thing and there’s lots of data that shows that mixed martial arts is safer than football, boxing, ice hockey, downhill skiing, equestrian sports.

by amendamatrix on Nov 15, 2011 12:12 PM EST reply actions

If it wasn't for the corrupt unions.....

….MMA and UFC would’ve been legal in New York long ago.

TFK

Check out the MMA Forums at http://www.boxingfanatics.com/forums/f24/

by TFK on Nov 15, 2011 12:20 PM EST reply actions

i have missed u TFK

i really have

couldn’t get me old name

by couldn't get me old name on Nov 15, 2011 12:28 PM EST up reply actions

brian stann is the ace in the hole

he would be the first on the stand to advacate for mma in front of politicians.

by sac165 on Nov 15, 2011 12:20 PM EST reply actions

shit just got real.

Its probably just a handful of crusty old close minded bastards preventing mma events there anyway. I by no means expect everybody to like mma; its violent,some people won’t like it no matter how much you try to inform them. But that shouldn’t prevent other people from participating in the sport and enjoying it locally.

"eat shit." billions of flies cant be wrong

by salamagogo on Nov 15, 2011 12:22 PM EST via mobile reply actions

Larry Parker will get the UFC 2.1 billion dollars.

I've got something to say; it better to burn out than to fade away!!!
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by dandeman on Nov 15, 2011 12:22 PM EST reply actions 1 recs

Really? Sue them?

You’re gonna sue your way into New York? I thought MMA in NY was just a matter of time? That they (UFC) were doing just fine either way?

Interesting development to say the least…

Hey, I'll take it from here because you obviously don't know what you're doing... Lie down now, rest, and we'll talk about this when you regain your senses. --The Knockout Mechanism.

by battlestar on Nov 15, 2011 12:28 PM EST reply actions

In all honesty, if MMA is banned from NY, you need to ban Muay Thai, BJJ, boxing, and all other martial arts competitions.

Signed, Pick'em Champs 2011-2012: Michael Jordanesque in our picking skills.

by mountaineers101 on Nov 15, 2011 12:29 PM EST reply actions

Very nice

Cote

by jay. on Nov 15, 2011 12:30 PM EST reply actions

from what i heard before, the only reason its banned in NY

Is cause the people in power in NY have serious problems with the Fertitta’s and how they run their casino’s… Now i dont know how much truth is behind that, so this might be the only way to get MMA in NY

Every night i would pray to God for a new bike, then i realized God does not work that way, so i stole one and asked him to forgive me

by CoNr on Nov 15, 2011 12:31 PM EST reply actions

The decision makers in NY are in the pockets of the unions

The Station Casinos, owned by the Fertitta’s, are the largest non-union gaming company in the country. That is why the unions, which in places in the north east like NY and NJ are very powerful, are fighting to bring the UFC down. Not only do they have their paid stooges keeping them out of NY, the Culinary Union also requested that the FTC investigate Zuffa for not complying with anti-trust laws.

TFK

Check out the MMA Forums at http://www.boxingfanatics.com/forums/f24/

by TFK on Nov 15, 2011 1:44 PM EST up reply actions 1 recs

the Unions don't want the UFC in NY

blame the Unions.

Learn JiuJitsu.
Semper Fi'

by RolloTomasi on Nov 15, 2011 3:08 PM EST up reply actions

You heard right.

Zuffa is currently under investigation from the FTC. You’ll be surprised at the results when the investigation is complete and becomes public information.

As far as “being unconstitutional for fans, fighters, etc”, good luck with that guys. You are about to be crushed by the FTC and this won’t help your case.

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by dec3ptiKon_ on Nov 15, 2011 5:40 PM EST up reply actions

UFC got a worldwide buzz, the whole city knows!

5 boroughs of death in the flesh, the UFC is new york!

God is too big for just one religion...

UFC #1 Fan

by jason*bourne on Nov 15, 2011 12:41 PM EST reply actions

Page 21, point 56

Leading web magazines and blogs….MMAmania.com….are entirely devoted to MMA.

Not bad boys. Oh yeah, BE was not mentioned.

by Eoghan on Nov 15, 2011 12:51 PM EST reply actions

I spotted that too. I wouldn’t interpret it as a snub, just that the name “Bloody Elbow” conveys an image that the lawsuit is intentionally trying to avoid. Hell, they even mentioned Sherdog!

by Keith Harris on Nov 15, 2011 1:03 PM EST up reply actions

good point

by Eoghan on Nov 15, 2011 1:04 PM EST up reply actions

No snub, it was justified. Even they know who is the best.

by AintNoSunshine on Nov 15, 2011 2:26 PM EST up reply actions

GalsGuidetoMMA?

Learn JiuJitsu.
Semper Fi'

by RolloTomasi on Nov 15, 2011 3:08 PM EST up reply actions

Nope, try again.

by AintNoSunshine on Nov 15, 2011 3:59 PM EST up reply actions

No, Rollo got it right. :)

Gals Guide to MMA

by Donna on Nov 15, 2011 4:07 PM EST up reply actions 1 recs

They just don't wanna know...

Learn JiuJitsu.
Semper Fi'

by RolloTomasi on Nov 15, 2011 4:21 PM EST up reply actions

This case certainly has a lot of merit, I believe. A ban of MMA should certainly be considered unconstitutional. However, I’m pretty sure there is nothing that would force New York to regulate MMA competition. And without regulation, you will almost certainly have no fights. So, even if the lawsuit is won by the fighters, there’s still a long way to go.

by SprucesWild on Nov 15, 2011 12:56 PM EST reply actions