AMATEUR SPORTS LAWAMATEUR SPORTS LAW

Sarah HallSarah Hall

INTRODUCTIONINTRODUCTION

WHY AMATEUR SPORTS?WHY AMATEUR SPORTS?

• Have you ever wondered why Jeremy Bloom was not allowed to play football at CU anymore?

• Ever wondered why professional basketball players can play in the Olympics, but other athletes must be amateurs?

• Wonder why only some members of the U.S. Women’s Ice Hockey team were on the front of Wheaties when they won gold?

• Why Paul Hamm had to go to trial?

THE ANSWERS…THE ANSWERS…

Well, not exactly…

• But here are some ways to find the answers to these questions and many more…

SEARCH TERMSSEARCH TERMS

• Amateur Sports

• NCAA

• USOC or United States Olympic Committee

• Colleges and Universities

• Olympics

PRIMARY SOURCESPRIMARY SOURCES

““THE LAW”THE LAW”

KEY NUMBERSKEY NUMBERS

Key Numbers:Key Numbers: Numerical system Numerical system

in West that can in West that can help you narrow help you narrow your searchyour search

SPORTS AS ENTERTAINMENTSPORTS AS ENTERTAINMENT

Key Key #376: THEATERS #376: THEATERS AND SHOWSAND SHOWS k3.60: Athletic k3.60: Athletic

contests and contests and activities in generalactivities in general

K6: Liabilities for K6: Liabilities for injuries to persons injuries to persons attendingattending

CHARITY ATHELITC CHARITY ATHELITC ASSOCIATIONSASSOCIATIONS

Key #75: CharitiesKey #75: Charities 75II: Construction, 75II: Construction,

Administration, and Administration, and EnforcementEnforcement

75k45: Rights, 75k45: Rights, Duties, and Duties, and Liabilities of Liabilities of Charitable Societies Charitable Societies and Trusteesand Trustees

ASSOCIATIONSASSOCIATIONS

Key #41K1: Nature Key #41K1: Nature and Status in and Status in General.General. When and whom When and whom

you can sue you can sue regarding an regarding an unfavorable unfavorable decision from a decision from a voluntary voluntary association.association.

UNIVERSITY ATHLETICSUNIVERSITY ATHLETICS

Key #81: Colleges Key #81: Colleges and Universitiesand Universities 81k9: Students81k9: Students 81k9.45: 81k9.45:

Extracurricular Extracurricular ActivitiesActivities

81k9.45(3)k. 81k9.45(3)k. Athletics.Athletics.

NEGLIGENCENEGLIGENCE

272: Negligence272: Negligence 272X: Sports, 272X: Sports,

Games and Games and RecreationRecreation

STATUTESSTATUTES

WHAT CONGRESS IS WHAT CONGRESS IS ACTUALLY UP TO?!ACTUALLY UP TO?!

FEDERAL STATUTESFEDERAL STATUTES

28 U.S.C.A. § 3701: 28 U.S.C.A. § 3701: DefinitionsDefinitions

28 U.S.C.A. § 3702: 28 U.S.C.A. § 3702: Unlawful Sports Unlawful Sports GamblingGambling

28 U.S.C.A. § 3703: 28 U.S.C.A. § 3703: InjunctionsInjunctions

28 U.S.C.A. § 3704: 28 U.S.C.A. § 3704: ApplicabilityApplicability

FEDERAL STATUTES II (maybe FEDERAL STATUTES II (maybe they do earn their $$)they do earn their $$)

36 U.S.C.A. § 36 U.S.C.A. § 22050:22050: Creates the “Ted Creates the “Ted

Stevens Olympic Stevens Olympic and Amateur Sports and Amateur Sports Act” as well as the Act” as well as the United States United States Olympic Committee Olympic Committee (USOC)(USOC)

www.usoc.org

THE UNITED STATES OLYMPIC THE UNITED STATES OLYMPIC COMMITTEECOMMITTEE

220503: Purposes of 220503: Purposes of the Amateur Sports the Amateur Sports ActAct

220504: Membership 220504: Membership in the USOCin the USOC

220505: Powers220505: Powers 220506: Exclusive 220506: Exclusive

right to name, seals, right to name, seals, emblems, and emblems, and badgesbadges

220509: Resolution 220509: Resolution of Disputesof Disputes

MORE USOC STATUTESMORE USOC STATUTES

220521: Creation of 220521: Creation of National Governing National Governing BodiesBodies

220522: Eligibility 220522: Eligibility RequirementsRequirements

220523: Authority of 220523: Authority of National Governing National Governing BodiesBodies

20524: General Duties 20524: General Duties of National Governing of National Governing BodiesBodies

220525: Sanctions for 220525: Sanctions for Amateur Athletic Amateur Athletic CompetitionsCompetitions

220526: Restricted 220526: Restricted Amateur Athletic Amateur Athletic CompetitionsCompetitions

220527: Complaints 220527: Complaints against National against National Governing BodiesGoverning Bodies

220528: Applications to 220528: Applications to Replace an Incumbent Replace an Incumbent National Governing BodyNational Governing Body

STATE STATUTESSTATE STATUTES

C.R.S.A. § 39-3-108: Tax exemption C.R.S.A. § 39-3-108: Tax exemption for land used solely for charitable for land used solely for charitable purpose (including amateur sports)purpose (including amateur sports)

C.R.S.A. § 23-16-101 et. seq.: Agents C.R.S.A. § 23-16-101 et. seq.: Agents and college athletesand college athletes

ADMINISTRATIVE MATERIALSADMINISTRATIVE MATERIALS

Federal Federal Regulations:Regulations: There is no specific There is no specific

administrative administrative regulation on point.regulation on point.

There was one There was one regulation having to regulation having to do with how if you do with how if you are a non-profit you are a non-profit you can cook your can cook your chicken at a lower chicken at a lower temperature temperature

ADMINISTRATIVE MATERIALSADMINISTRATIVE MATERIALS

State Regulations:State Regulations: http://www.dora.state.chttp://www.dora.state.c

o.us/o.us/ Nothing specific on Nothing specific on

topic, but here are the topic, but here are the closest things:closest things:

BoxingBoxing HuntingHunting

http://colorado.gov/http://colorado.gov/ No agency within the No agency within the

CO system is on point.CO system is on point. Agencies dealing with Agencies dealing with

universities, and universities, and gaming are the closest gaming are the closest things.things.

CONCLUSIONCONCLUSION

Almost all of us have been involved Almost all of us have been involved in amateur sports at one level or in amateur sports at one level or another. another.

Hopefully this presentation gave you Hopefully this presentation gave you an idea of what bodies make those an idea of what bodies make those rules, and how to learn more about rules, and how to learn more about them.them.