By John T. Wendt
Anyone who has trained for a marathon knows how hard it is. Anyone who has run a marathon knows how brutal it is. You train, you prepare, you even visualize how the race will go – what will happen, even what could go wrong. You know it will be crowded and there will be jostling, especially at the beginning of the race coming out of the corral. But does your visualization include running into two electric bikes on the closed course or being blocked from getting water by a bike? This happened at the recent New York City Marathon. The NYC Marathon is run by New York Road Runners (NYRR) “whose vision is to build healthier lives and stronger communities through the transformative power of running [and who are dedicated] to transforming the health and well-being of our communities through inclusive and accessible running experiences, empowering all to achieve their potential.”[1]
Matt Choi is a former college football player, content creator, entrepreneur, and fitness enthusiast who has successfully competed in a number of marathons. As his website states he “operates a media company that helps him showcase his fitness challenges and workouts by creating content at scale…[and] continues to push his body mentally, physically, and spiritually to be an example of what humans can accomplish if they shift their mindset and step out of their comfort zone.”[2] His sponsors include Hoka, Nike, REI, adidas and Therabody.
On Sunday, November 3, 2024, Choi ran the NYC Marathon in just under three hours (2:57:15), a very respectable time for an amateur runner. The issue was that to promote himself and his brand Choi encouraged his followers to “Follow me around on the course.”[3] To do so he decided to have his brother and his videographer ride on electronic bikes with a live feed of his entire race and to keep him on pace for a sub-3-hour finish. Race rules mandate that “any camera mount or rig that isn’t attached directly to the head or torso” is prohibited.[4] Videos on social media showed the two on e-bikes weaving through the runners including some tight stretches of the course.[5] Additionally the NYRR and event are also covered by the USA Track and Field Competition Rules. Under Rule 144, “Pacing in running or walking events by persons not participating in the event…”[6]
Immediately after the race Choi and his entourage were roundly criticized on social media. One commentator said, “This is super dangerous and he’s an a******* doing it. He is the worst kind of runner and bad for the sport.”[7] Choi later admitted that the two bikes blocked runners from accessing water stations, and several commenters on his Instagram account claimed that they were clipped by his brother and videographer during the run.[8]
The NYRR released a statement after the race stating, “After a review and due to violations of World Athletics rules, and New York Road Runners’ Code of Conduct and Rules of Competition, NYRR has disqualified Matt Choi from the 2024 TCS New York City Marathon and removed him from the results. He has been banned from any future NYRR races.”[9]
Choi apologized on his Instagram page and would not appeal the disqualification and ban saying, “I f***ed up. This wasn’t a video I was planning on making. But I have no excuses, full stop. I was selfish on Sunday to have my brother and my videographer follow me around on the course on e-bikes and it had serious consequences…We endangered other runners, we impacted people going for PB’s (personal bests), we blocked people from getting water. And with the New York City Marathon being about everyone else and about the community, I made it about myself. And for anyone I impacted, I’m sorry. I just got really excited about the thought of hitting Sub 3 New York and I got overzealous about getting all the shots.”[10] He also said that he would not appeal the disqualification and ban, “Although there’s an opportunity to appeal it, I’m not going to. I made my bed so I’m gonna lay in it.”[11]
Yet, Choi had done the same thing last year at the Austin Marathon in Texas.[12] After the Austin race he claimed that he that he had permission from the organizers and criticizing his actions would actually hurt marathon running. “My media crew does their best job at staying out of the way of the runners…The intent of my content has always been around raising awareness around the sport of running…If we can’t show elements of running, especially competition day, it won’t continue to grow to new audiences.”[13] After the NYC Marathon Choi also said, “This isn’t the first time being called out for using e-bikes to shoot content but that stops here. It won’t happen again. My word is my bond.”[14]
Choi also created controversy in 2023 for running in the Houston Marathon with someone else’s bid, a violation of race rules sometimes known as “Bib-mulling” when someone who runs in another’s place to hit a qualifying standard securing a spot in a future race – or qualifying by proxy. Some said that for Choi it was a way to get personal recognition without complying to the race’s rules.[15] Choi’s explanation was that he simply forgot to sign up for the race and a friend who was injured gave Choi his bid. Choi said, “As someone that’s still new in the running community, I never heard the term ‘bib mule’ until just a few days ago…My intent was not to qualify for another person or cheat the system—I honestly just wanted to run…I apologize to anyone who may have been affected or offended by my actions. Running has completely changed my life and it’s a community I’m thankful to be a part of.”[16]
Historically in the morning before the NYC Marathon race, cyclists would ride the entire closed course unimpeded.[17] Then the course would be completely closed and cleared. But last year a cyclist hit a pedestrian so this year race officials warned cyclists that anyone attempting to ride the course this year would be removed. NYRR posted on social media that “Anyone attempting to ride the course ahead of the Marathon — starting in Bay Ridge, Brooklyn — will be diverted and removed by the authorities…We ask that everyone adhere to this restriction.”[18] So with the entire route closed and cleared, how could two individuals on e-bikes make it on to the course? Did they think they could not ride the course ahead of the Marathon, but they then could ride the course during a crowded Marathon?
Ben Parker is the co-founder of Runna, a top running app that sponsors Choi. Parket is a top masters marathoner and a professional running coach. Runna also has a partnership with NYRR.[19] Parker agreed to run alongside Choi pacing him for a sub-3-hour race. Parker said that the company had photographers stationed throughout the course and at the finish line. He also said that he did not know about the e-bikes and was surprised and upset by their presence. Parker also denied knowing that Choi had done this before and that in the future the company would do a better job in screening their ambassadors. “Our ethos and entire mission is about inspiring and supporting runners around the world on and off the race course, and so we are deeply uncomfortable with what happened on Sunday. We expect all of our ambassadors and entire community to adhere to race safety rules and respect the safety of other athletes. Running should be for everyone. We will ensure nothing like this happens again, and thank you for your patience.” Parker was also very succinct: “We want to be clear that this was not something that we at Runna knew was going to happen, or support as a company, and we have decided to terminate our relationship with Matt effective immediately.”[20] Yet Parker who knows the rules, has competed in many marathons, and who has a partnership with NYRR still didn’t stop this circus once during the entire 26 miles?
NYRR tells runners that “The safety and security of runners, volunteers, spectators and staff is New York Road Runners’ highest priority. Additionally, to ensure the safest event environment possible, runners should familiarize themselves with our guidelines for prohibited items… It is New York Road Runners’ goal to be sure that we are implementing the needed security features while causing minimal impact on your race-week experience.”[21] NYRR also tells all runners to “Please review NYRR’s Rules of Competition and Code of Conduct for complete rules, regulations, and standards of conduct at NYRR events.”[22] There should be no question that runners, including Choi, did not know the rules.
A question has to be raised as to why the New York Police Department (NYPD) did not remove Choi and his entourage. NYPD noted that they had bulked up security to keep runners and spectators safe with an increased physical presence, barriers, snipers and even helicopters. NYPD Chief of Staff Tarik Sheppard said that top executives would be monitoring the race in the Joint Operations Center with access to more than 60,000 cameras. The NYPD Highway Patrol would also be escorting all the runners the entire course. NYPD Sgt. Juan Swystun said, “It’s an observation for all the runners, whether it’s the elite all the way down to the amateur, making sure everyone’s safe and there’s nothing along the ordinary happening along the route.”[23] Chief Sheppard said, “These events are what really separates New York from a lot of other police departments across the country…This is what we’re experts at.”[24]
In the marathon running world Choi’s notoriety and antics are well known.[25] NYRR even selected him as a panel speaker for the marathon expo before the race! [26] With over 60,000 cameras monitoring the race, increased police and highway patrol that can contact each other immediately, no one noticed or stopped two guys with high visibility vests on e-bikes? NYRR has to conduct a serious post-race analysis and prepare for next year’s event.
John T. Wendt serves as a member of the Court of Arbitration for Sport (Lausanne, Switzerland), the American Arbitration Association, and on the JAMS Panel to hear cases under HISA’s Anti-Doping and Medication Control (ADMC) Program. He serves as Professor Emeritus of Ethics and Business Law in the Opus College of Business at the University of St. Thomas and has taught and published extensively in the field of sports law.
[1] New York Road Runners, New York Road Runners Our Vision and Mission, New York Road Runners (2024), https://www.nyrr.org/ (last visited Nov 7, 2024).
[2] Matthew Choi, Matthew Choi, Matthew Choi (2022), https://mattchoi.co/ (last visited Nov 5, 2024).
[3] Brittany Miller, Influencer Banned from NYC Marathon after Camera Crew Followed Him on E-Bikes, The Independent (2024), https://www.independent.co.uk/life-style/influencer-nyc-marathon-banned-e-bikes-b2642037.html (last visited Nov 5, 2024).
[4] New York Road Runners, Prohibited Items, (2024), https://www.nyrr.org/run/guidelines-and-procedures/prohibited-items (last visited Nov 5, 2024).
[5] Annie Correal, Matt Choi, Running Influencer, Is Banned From New York Marathon Over E-Bike Filming, The New York Times, Nov. 5, 2024, https://www.nytimes.com/2024/11/05/nyregion/matt-choi-influencer-banned-nyc-marathon.html (last visited Nov 5, 2024).
[6] USA Track and Field, 2023 USATF Competition Rules, 2023, https://www.flipsnack.com/USATF/2023-usatf-competition-rules/full-view.html (last visited Nov 7, 2024).
[7] TheRealWaldo, Matt Choi’s Brother Did It Again, r/RunNYC (2024), www.reddit.com/r/RunNYC/comments/1givi0w/matt_chois_brother_did_it_again/ (last visited Nov 5, 2024).
[8] Patrick Redford, Influencer Guy Disqualified And Banned From NYC Marathon For Bringing Bikes Onto Course, (2024), https://defector.com/influencer-guy-disqualified-and-banned-from-nyc-marathon-for-bringing-bikes-onto-course (last visited Nov 5, 2024).
[9] Sarah Lorge Butler, Influencer Disqualified From NYC Marathon After He Ran With Unauthorized E-Bikes, Runner’s World (2024), https://www.runnersworld.com/news/a62810736/matt-choi-dq-nyc-marathon/ (last visited Nov 5, 2024).
[10] Miller, supra note 3.
[11] Id.
[12] Correal, supra note 5.
[13] Alex Schiffer, Influencer Matt Choi DQ’d and Banned From NYC Marathon, (2024), https://frontofficesports.com/matt-choi-influencer-nyc-marathon-ban/ (last visited Nov 5, 2024).
[14] Miller, supra note 3.
[15] Vinay Patel, “Influencers Ruin Everything”: Who Is Matt Choi And Why Is He Banned From Future NYC Marathons, International Business Times UK (2024), https://www.ibtimes.co.uk/influencers-ruin-everything-who-matt-choi-why-he-banned-future-nyc-marathons-1728240 (last visited Nov 7, 2024).
[16] Chris Hatler, Matt Choi Apologizes for Using Another Runner’s Bib At Houston Marathon, (2023), https://www.runnersworld.com/news/a42636583/matt-choi-race-bandit/ (last visited Nov 5, 2024).
[17] Andrew Keh, New York Marathon Cracks Down on Cyclists’ Pre-Race Joyride, The New York Times, Oct. 16, 2024, https://www.nytimes.com/2024/10/16/nyregion/nyc-marathon-bicycle-race.html (last visited Nov 5, 2024).
[18] Id.
[19] Vinay New York Road Runners, An Interview with Runna Co-Founder and Head Coach Ben Parker, (2024), https://www.nyrr.org/tcsnycmarathon/getinspired/photos-and-stories/2024/runna-head-coach-ben-parker (last visited Nov 7, 2024).
[20] taeyongii, Runna Has Terminated Their Relationship with Matt Choi, r/RunNYC (2024), www.reddit.com/r/RunNYC/comments/1gk7jtq/runna_has_terminated_their_relationship_with_matt/ (last visited Nov 5, 2024).
[21] New York Road Runners, Security Measures and Prohibited Items, (2023), https://www.nyrr.org/tcsnycmarathon/runners/security-measures (last visited Nov 6, 2024).
[22] Id.
[23] Dan Krauth, NYPD Bulking up Security with Thousands of Runners and Spectators Participating in TCS NYC Marathon, ABC7 New York (2024), https://abc7ny.com/post/tcs-nyc-marathon-nypd-bulking-security-race-course-thousands-runners-spectators-participating-event/15497568/ (last visited Nov 6, 2024).
[24] Id.
[25] Correal, supra note 5.
[26] Id.
