Orange Belt
Status:
|
|
Legality of MMA
I have a small request of the readers out there. I am a law student, who is also a long-time sherdog reader and MMA enthusiast (BJJ got me into it).
I wish to write an article/paper on the why and how MMA should be legalized and sanctioned across the board in America. Right now there is only one seminal case on the matter that I have been able to find (see below for brief synopsis).
Now, what I need is a list - backed by reputable source material - of states that have legalized, banned, or are currently legislating to provide for the legalization/banning of MMA. Also, any information about cases concerning the legality of MMA would be of great importance and assistance. Finally, any newspaper, magazine, or other periodical or publication that discusses MMA legality (and the morality/ public implications of such) would help me as well.
Many thanks to all who help me out on this.
For those of you who are interested in the above-mentioned case, it is Mason v. City of Lincoln 665 N.W.2d 600.
Here are the essential facts: In April 2001, Mason began promoting weekly fight contests at the Royal Grove nightclub in Lincoln. Prior to the contest scheduled for July 19, Mason was informed by Lincoln Police Chief Thomas Casady that participating in and promoting such contests constituted the commission of a crime and that Mason needed to obtain a license from the commissioner. Mason canceled the contests scheduled for July 19, 21, and 26.
The parties stipulated to the following definitions: Mixed martial arts is "[u]narmed combat involving the use of any combination of combative techniques from different disciplines of the martial arts, including punching, striking, kicking, choking, kneeing, joint locks, 'throws', and take-down maneuvers." Kickboxing is "[a] combative form of martial art combining punches and martial arts kicks." Submission wrestling is "[a] combative form of fighting involving grappling techniques and submission holds associated with martial art forms, including the use of 'choke holds', 'armbar', 'shoulder lock', 'wrist lock', or 'ankle lock' techniques."
Participants in the fight contests included audience members who agreed to fight an experienced contestant. No specific weight categories were recognized or established, and no limits were imposed concerning the frequency of one's participation in the contests. Participants were not required to demonstrate any fight experience or training or any minimum physical capabilities. Participants were not required to undergo a physical examination by a licensed physician either prior or subsequent to engaging in the contests, nor were they subject to visual acuity testing prior to the contests. Participants were allowed to fight barefoot and were not required to wear "foul-proof groin protectors," mouthpieces, or protective headgear, but such equipment was highly recommended. Participants were not subject to alcohol or drug testing.
Mason did not require the presence of a licensed physician or trained emergency medical personnel, nor did he provide insurance for the participants' benefit. Referees were not required to receive any specific training or to meet any established standards, nor were they licensed or certified by any recognized organization. Judges did not score the fight contests. The contests were not sanctioned or regulated by any government agency or generally recognized interscholastic, amateur, or professional body or organization that had established and enforced standards, rules, and requirements providing a reasonable degree of protection for the health and safety of participants and attempting to minimize the risk of serious injury.
Participants signed a release form providing that Mason and the nightclub were released from liability for any bodily injury or personal injuries arising from participation in the fight contests. The form also released medical professionals and the promoter's employees from any claim based on first aid or treatment provided during participation in the contests. The form stated that the participant "has been informed and is well aware of the nature of the event and acknowledges that [the participant] risks serious injury or death by participating in" a contest.
The issue was "[W]hether fight contests consisting of mixed martial arts, kickboxing, and submission wrestling fit within the definitions of professional wrestling and boxing, amateur boxing, sparring matches, or exhibitions, which are subject to regulation by the commissioner." The relevant statute consulted was NE ST § 81-8,129. The court's conclusion was stated thusly: "We conclude as a matter of law that the commissioner does not have jurisdiction under § 81-8,129 to license fight contests such as those promoted by Mason. Mixed martial arts, kickboxing, and submission wrestling are not activities described in § 81-8,129. Thus, the district court erred in finding that these activities fall under the purview of the commissioner, and the court's determination is reversed."
This case raises an interesting question about statutory construction - a question which the court addresses, but negatively for MMA in Nebraska. Essentially they say that because MMA is not within the statute - although other similar categories are - it cannot be licensed. If MMA cannot be licensed, then a match cannot be legally held.
__________________
Make now the most precious moment; now will never come again.
|