Take notice New York; the Ultimate Fighting Championship isn't going away without a fight.
UFC officials today announced they have filed a lawsuit against New York State officials "challenging the constitutionality of the state law banning live professional MMA events and associated activities."
Along with a group of plaintiffs that includes fighters, fans and trainers, UFC executives hope to overturn the state's current ban on MMA, citing several constitutional violations.
"MMA is one of the fastest growing sports in the U.S. and one of the most popular in the world," Zuffa CEO Lorenzo Fertitta stated in an official release. "When we acquired the UFC, we went to great lengths to invite regulation and adopt substantial safety measures. MMA is now as safe as or even safer than many other sports and activities sanctioned in New York like boxing, for example, because it allows fighters to honorably tap out and involves far fewer hits.
"All the disciplines that go into mixed martial arts are performed live in New York; it is only their combination that is illegal. Denying fighters the chance to exhibit their training and skills before a live audience and denying thousands of New Yorkers the ability to watch their favorite fighters perform live is not only an injustice to them, but to the local markets that would reap tremendous economic benefits from hosting competitions. We believe the ban should be eliminated, and look forward to fighting live in New York."
The lawsuit, filed in the U.S. District Court for the Southern District of New York, "alleges the ban infringes upon the rights of the fighters who want to publicly exhibit their skills as professionals and express themselves before a live audience, the rights of fans who would like to experience live professional MMA events, and the rights of those who train, publicize or otherwise advance MMA in New York."
New York University School of Law professor Barry Friedman, who is representing the plaintiffs in the complaint, told "
The Wall Street Journal" the lawsuit will mark the first time the court has ever directly confronted the question of whether athletes have a First Amendment right to be seen in action.
"It is unfortunate that we were forced to take the step of filing a lawsuit to overturn this senseless law, but the ban on live professional MMA infringes on the rights of countless New Yorkers,†Friedman stated in an official release. "Despite sincere legislative efforts, the ban remains in place based on a flawed assessment of the sport's supposedly 'violent message.' This rationale is a patent violation of the First Amendment.
"In live events, fighters showcase their talents, communicate their convictions, show respect for their opponents and the art and tradition of MMA, and convey the importance of discipline, training and hard work. They also entertain their fans. Not only does the law prohibit live events, but as it is written it purports to ban other speech including media broadcasts and coverage of professional MMA. It is ironic that New York – in many ways the home of free expression, the global media and the art world – would deny someone his or her fundamental freedom of expression. The ban is contrary to what New York is all about. There is no legal basis for this unconstitutional ban to persist."
Earlier this year, bill A04146 stalled in the New York State Assembly's Ways and Means Committee. It was the third consecutive year a bill to regulate MMA failed to reach a public vote.
New York State long has been one of the holy grails in the movement to legalize MMA across the country. Fertitta and UFC president Dana White have proven some of the most vocal proponents, and many fighters – especially those from New York – have also spoken out in favor of legislation.
