(Editor’s note: What follows is Part One of an article written by Laurie Anthony, Lenny Chiarello, Ben Cohon, Adam Masterson, and Shannon Vafiadou — all of whom were enrolled in in attorney Carla Varriale’s “The MMA Project” sports law class at Columbia University’s School of Continuing Education in New York City. Part One examines the political players and status of the issue in Albany, and Part Two will examine the influence of unions in maintaining the ban on professional Mixed Martial Arts in New York.
Introduction
Mixed Martial Arts (“MMA”) was born from the combination of Brazilian Jiu-Jitsu, wrestling, boxing, judo, karate, kickboxing, and Muay Thai. It is a sport that has seen significant evolution and gained vast popularity in the United States and around the world. The beginnings of the sport boasted a “No-Hold-Barred” style, was largely unsanctioned and ultimately banned in 36 states due to unsafe conditions for athletes and lack of regulation. New York State was among those 36 states.
As the sport has developed, eye-poking, groin strikes, knee to head blows of downed fighter, strikes to back of head and other moves were deemed illegal, making the sport safer for the fighter in addition to other safety provisions. Over its 20 year history, MMA managed to go from an essentially “anything goes” spectacle to a mainstream sport valued by Forbes Magazine to be close to $2 billion.
California and New Jersey were among the first states to take note of its progress and legalized MMA in 2000 after the sport moved to implement structure and regulations. Both states are still highly touted as having the safest conditions for athletes and the most organized governing bodies. The first U.S. sanctioned mixed-martial-arts event was held by the International Fighting Championships (IFC) in New Jersey on September 30, 2000. Just two months later, the Ultimate Fighting Championship (UFC) held its first sanctioned event, UFC 28, under the New Jersey State Athletic Control Board’s “Unified Rules”.
More states soon followed in California and New Jersey’s footsteps. Massachusetts’ Governor Deval Patrick lifted the ban on MMA, making it the 42nd state to do so on November 30th, 2009. According to the text of the bill, the state will reap four percent of revenue for ticket sales and two percent from televised events. Neighboring state Connecticut was not too far behind Massachusetts in legalizing MMA. Legislation allowing MMA in Connecticut came into effect on October 1, 2013 after a 26-9 vote just four months earlier, making it the 47th state to regulate the sport.
All but one U.S. state, New York, has legalized professional MMA. New York residents are traveling across state lines and borders to attend live professional MMA events. Why have legislative efforts to lift the ban stalled since 2010? This article examines some of the state’s key political figures, Albany’s inner workings, the infiltration of out of state politicking, and a potentially landmark decision regarding the ban.
Key Political Figures
Liz Krueger is a Democratic Senator of New York State who represents the 28th district. The district stretches from Union Square up to 96th Street along the East Side of Manhattan and is home to approximately 318,000 residents. Krueger captured the last Republican seat in Manhattan for Democrats during a special election in 2002. She is a veteran member of the New York State Senate’s Democratic Conference and is currently serving as Ranking Member of the Senate Finance Committee.
Senator Krueger has built a career by focusing upon issues relating to poverty and has been recognized nationally for her battles against homelessness, hunger, and affordable housing. She is also a proud advocate of women’s rights and health care. In June 2014, The Senate Labor Committee passed Krueger’s legislation to ban employers from discriminating against employees on the basis of their personal reproductive health decisions, known as the “Boss Bill.” “In New York, in the 21st century, no boss should be able to tell employees whether they can have access to birth control, or whether they have the right to be pregnant.” (Krueger, 2014) Krueger has also spoken out publicly against the City Human Resources Administration’s ad campaign on teen pregnancy, calling the promotion “pathologically mean-spirited” and noting the campaign misses the true reality of teen pregnancy. “Impoverished communities, a lack of support for teenagers, and continuing stigmatization of age-appropriate sex education all create an environment with more teen pregnancies.” (Krueger, 2013)
A majority of Krueger’s financial support is composed of union labor workers. According to FollowTheMoney.org, one of Senator Krueger’s top individual contributors is the New York State Trail Lawyers Lobby ($54,000). She has received $233,155 from Public Sector and General Trade Unions. More specifically, Senator Krueger received money from unions representing teachers, school supervisors, nurses, transportation workers, and healthcare professionals.
Since Krueger has a history of union support, it comes as no surprise she would support a Las Vegas union’s ongoing battle to uphold the ban on a sport about which she is admittedly ill-informed. During a moderated debate on June 30, 2014 titled “The Fight over the Fight Game in NY” held at the New York City Bar Association, Krueger appeared unaware and misinformed of MMA’s improperly regulated underground amateur culture. After MMA author and journalist Jim Genia spoke about his experience at some amateur events, Krueger asked, “Why can’t I go make them stop?” She continues to argue the sport “displays pathological misogyny, and continuing use of performance-enhancing drugs.” Krueger offers no examples or evidence to support these claims. She also conceded that she has never observed a professional or amateur MMA bout.
One of the reasons the bill can’t reach the Assembly floor is not Krueger, but Assemblyman Herman D. Farrell, Jr., Chair of the Ways and Means Committee. The Assembly Floor is where the bill to legalize MMA has gone to die. Even though the bill has died here, there is light at the end of the tunnel. In a recent newsletter, Farrell has agreed to support legalizing MMA in New York State as long as fight promoters agree to set aside a percentage of their profits from each fight and use those funds to treat future brain problems that MMA fighters may develop. (Reports, 2014)
What’s Happening in Albany?
While State Senator Liz Krueger vehemently opposes a bill that would legalize (and most importantly regulate) professional MMAs in New York State, State Senator Joseph Griffo (R-47) is taking a more progressive approach to this situation of political stagnation. As the sponsor of the MMA Legalization Bill (No. S6502), Griffo has been the political face of professional MMA legalization in New York State.
Senator Griffo has been quoted on the record in saying that “New York is not doing this because every other state is. New York is considering it because it’s an opportunity to have people in this state do something they want to do.” The bill has seen support across party lines with the support of 57 Assembly members, including Assembly Majority Leader Joe Morelle (D-136).
It’s also noteworthy that New Yorkers are already exposed to on a weekly basis at various amateur MMA events throughout the state. The vagueness of the 1997 MMA ban in New York State allows amateur bouts to take place, although the events are not adequately regulated. Griffo saw another opportunity and introduced the MMA amateur regulation bill (No. S4877) earlier this year, which “brings the entire amateur realm under the oversight of the New York Athletic Commission.”
With leadership from both chambers of the New York State Legislature showing support for professional mixed martial arts in the state, why are we at this impasse? New York State Assemblyman Joseph Borelli (R-62) feels that longtime Assembly Speaker Sheldon Silver (D-65) is blocking the vote from reaching the floor. “100 percent,” Assemblyman Borelli responded when asked if legalization falls on the shoulders of the Speaker. Borelli, who works with Assembly Leader Morelle to get more Republican co-sponsors on the bill, feels that an Assembly vote would seal MMA for New York State as there are “over 70 co-sponsors of the bill and many people that committed to voting for it.” When asked to embellish on his thoughts of the state’s ban, Borelli did not speak favorably of Nevada’s Culinary Union No. 226 influence in New York State politics, calling it “the real backbone of opposition” that “should have no impact on public policy in New York.”
While political bouts in Albany far outweigh professional MMA bouts, sanctioned MMA events are slowly working its way into New York State by way of Native American Athletic Commissions. On September 22nd, 2012, Gladius Fights promoted a professional MMA event at the Cattaraugus Sports Arena. The event was sanctioned by the Seneca Nation Athletic Commission. This is all while MMA events continue to thrive in bordering states and countries, with the disposable income of New Yorkers leaving the state. Former New York Governor George Pataki, the same governor who signed the MMA ban in 1997, has now voiced his support for the sport in New York. Through spokesman David Catalfamo, the Pataki camp said that
“With more rigorous oversight, training and medical requirements — mixed martial arts has made considerable strides to ensure the safety of participants. With these measures in mind, Gov. Pataki would be supportive of allowing the sport in New York today.” Warming to the idea is current New York Governor Andrew Cuomo, who sees it as a great revenue opportunity: “I think it’s making progress and it’s something we’re looking at as a possible source of revenue…so if we can bring economic activity in — shows, etc. — that’s something we’re very interested in.”
