letter from seg (ufc) to ny governor in 1996

8/19/2019 Letter from SEG (UFC) to NY Governor in 1996

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xhibit

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Case 1:15-cv-07624-KMW Document 34-13 Filed 12/04/15 of 7



Case 1:11-cv-08215-KMW-GWG Document 89-25

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.

Filed o ~ £ / J ~ a g e ~ -

FEATHERSTONHAUGH,

CONWAY,

WILEY & CLYNE, LLP

JAMES

D. i'EATHERSTONHAUGH

THOMA5ACONWAY

STEPHEN

J

W tEY

ELIZA lEIH K t

YNE

GOVERNMEJ\ITAL

REL A

T ONS

JOHN L.

HARDY

D ~ ' \ ; l E . C Pt .JMMER

JOHN

P.

CRl 'F N

VIA HAND DELIVERY

Honorable Michael C. Finnegan

Counsel to the Governor

The Capital

Albany, New York 12224

RE

A 8615/S 7780

Dear Mr. Finnegan:

99 PINE STREET

ALBANY, NEW YORK

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)Offi\1 L COROO

August 28, 1996

As legislative counsel for Semaphore Entertainment Group ( SEG ), the creator and

promoter

of he Ultimate Fighting Championship, we

urge

the Governor

to

approve this legislation.

PURPOSE OF THE BILL

This legislation expands the jurisdiction

of

he State Athletic Commission

so

as to authorize

the regulation of Combative Sports

in

this state.

BACKGROUND

A new form of martial arts sport has developed. SEO has been at the forefront of the

development of his sport through its creation and promotion of he Ultimate Fighting Championship

( UFC ). In

fact,

in a mere

three

(3) years, the

UFC

has become the world's most popular and safest

full-contact martial

arts

event. In over one hundred and four

{I

04) matches,

Q

competitor has

suffered any major injury.

The UFC is a mixed match martial arts fighting competition which

has

been broadcast live

to at least

50

million homes in America. The UFC

is

based on established events that take place

safely

in

Europe, Japan, and South America.

In

addition it

is

broadcast

in

Great Britain, Spain,

France, Japan, China, South America, and Mexico on Pay-Per-View cable television

. '




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case l:ll-cv-08215-KMW-GWG Document 89-25 Filed 07/31/14 1 of 37

The UFC is an eight fighter elimination competition, fought in an octagon shaped ring. The

fighters are world class combatants, all with multiple titles for their respective martial arts

disciplines. They consist of Olympic medal winners, Olympic athletes, college wrestlers, judo

champions and world class martial artists. The UFC is sanctioned by its governing body the

International Fighting Commission.

SEG pulls no punches; the UFC is a very tough full-contact sport. The UFC is not ballet and

it is not for fans who do not enjoy combative sports.

It

is, however, martial arts. The martial arts

are a healthy, invigorating way

of

conditioning one's

self

and increasing one's self-esteem. It is

increasingly a part of he physical fitness trend in America, which in part, accounts for the popularity

of he Ultimate Fighting Championship.

Despite this reality, elected officials and their staffs have been bombarded with much

hyperbole regarding the promotion

of

combative sports. Detractors have characterized combative

sports as brutal , pornography, and a dangerous and repugnant spectacle . Many detractors point

to .a perceived great risk

of

serious injury

or

death due to the lack

of

gloves

or

padding worn by

contestants.

Because, in the case of he Ultimate Fighting Championship, the facts do not support these

accusations, SEG set out

at

the outset of this legislative session to demonstrate to

New

York's

legislators that the UFC is a safe, valid and honorable sport. In particular, SEG informed legislators

of he following undisputed facts:

Fact l

In eleven events encompassing more than 104 bouts, the UFC has seen no serious,

lasting injury to any participants. Dr. Joseph Estwanick, the team doctor for the US

Boxing Team, characterized the UFC as safer

than

high school soccer or football.

The most serious injuries in the UFC have been sprained wrists, facial cuts and one

knocked-out tooth.

Fact 2

The ability of the fighters to tap-out or surrender in Ultimate Fighting is a

tremendous safety device. To tap out in the Martial

Arts

world means to surrender

with honor. Seventy nine percent (79%) of the UFC fights end this way with a

fighter able to surrender before he gets injl Ired

JFact#3

Gloves are not safer for fighters

th n

bare knuckles. Gloves, as all experts in ringside

medicine know, protect hands not heads. Boxing gloves allow fighters to punch each

other in the head as many as 500 times in a match. Martial Artists know that heads

2

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Case 1:15-cv-07624-KMW Document 34-13 Filed 12/04/15 Page 3 of 7



Case 1:11-cv-08215-KMW-GWG Document 89-25 Filed 07/31114 Page 32 of 37

are stronger than fists. The UFC produces sprained wrists as a result

of

head strikes

not the brain damage that boxing generates.

Fact 4

Because

of

its stringently enforced rules, Ultimate fighting is safer than boxing.

Boxing rules have been designed for

one

purpose: to allow men to stand on their feet

with padded clubs on their fists and deliver repeated, brain damaging blows to one

another. Mel Bowen, a

W F ~

ranked boxer, fought in

UFC

IV and afterwards said

that the

UFC

was nothing compared to the punishment received

in

a heavyweight

boxing

match.

Fact S

The UFC fighters are world-class athletes. The event

has

featured the best fighting

athletes from around the world. These athletes have included Olympic and NCA

wrestlers, Olympic Judo players, ranked heavyweight boxers, and Martial Arts

champions representing Japan, Russia, Brazil, Holland, France and China. The same

experience, talent and conditioning that makes these competitors champions protects

them from

serious injury in the UFC. Our competitors include:

Ken Shamrock

Ken is currently the Pancrase Shoot Fighting World Champion and

the

UFC

Super Fight Champion. Shoot fighting is a Japanese Martial

Art

form

that combines open handed karate techniques with judo

take-down and submission holds. Ken s training facility, The Lion s

Den, has become a world class Shoot Fighting center. Ken and his

adopted father Bob run Shamrock house, a home for troubled boys

in

northern California

Emmanuel Yarborough

Emmanuel is the

World

Amateur Sumo Champion. He h s competed

for the past three years having previously placed second and third in

world competition.

He

is also an advanced judokan. This past year

he

took part in the Olympic judo trials until forced

to

withdraw due

to injury. Emmanuel was a college wrestler

and

football player at

Rutgers University.

) ~ m

Severn

Dan is one

of

he United States top amateur wrestlers, some ofhis 70

3

•

• ..

1

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Case 1:11-cv-08215-KMW-GWG Document 89-25 Filed 07/31/14 Page 33 of 37

national and international titles include the 1994 Outstanding

National AAU Freestyle and National Wrestling Alliance

Heavyweight Championship, and the AAU World Sarnbo Champion.

Dan has served as the Head Wrestling Coach

t

Michigan State

University and Assistant Head Coach at Arizona State. Dan is

currently training in Arizona at the North Phoenix Baptist Church

facility for Olympic wrestlers and judo players.

Finally, SEG demonstrated that the UFC h s developed comprehensive rules aimed at

maintaining fighter safety. Specifically, UFC rules:

l . Require Mandatory Protective Gear

• Mouth Guard

• GroinCup

• Gloves (at the fighter s option)

2. Prohibit

• Eye gouging

• Biting

• Throat strikes

3. Include Strict Medical Safety {The precautions swpass established boxing standards)

• Head physicians

n

attendance

• Two other physicians in attendance

• Triageroom

• Two EMT ambulance crews

• Advance life support systems

• Local trauma center hospitals

4. Allow Free and Honorable Fii:ht Termination

Tap out by: fighter, corner, doctor, referee

o Stoppage due to inability of fighters to intelligently defend themselves

n the end this information helped convince even the most ardent detractors of the sport that

UFC is indeed a valid, safe and honorable sport. It also contributed to the Senate s decision to

regulate the sport, using the boxing statute and the UFC rules as

its

regulatory models.

The result

of

hese efforts are before the Governor now in the form

of

Senate Bill 7780. This

measure passed the Senate by a vote of 55 to 2 and passed the Assembly by a vote of 146 to 0.

.,

.

.

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a s ~ 1:11 cv 08215 KMW GWG Document 89 25 Filed 07/31/14 Page 34 of 37

SUBSTANTIVE PROVISIONS OF THE BILL

S. 7780

is

designed

to authorize the holding of

combative

sports events in this state in strict

conformance with the regulatory requirements included

in

the bill. Modeled after

the Boxing and

Wrestling Statute, this bill places combative sports under the jurisdiction

of the

State Athletic

Commission so that the participants and the public are protected.

Combative

Sports, defined as

any professional

mixed martial arts bout or event wherein the

participants deliver, or are not forbidden

from

delivering kicks, punches, or blows, other than eye

gouging, biting, throat strikes and kicks i f hard sole shoes are worn,

to

an opponent, are authorized

to

be conducted in this state provided they conform to the regulatory provisions

of

the bill.

The significant regulatory provisions of the bill include:

I. Licensure

All corporations,

managers,

participants, referee s judges, trainers and seconds

must be

licensed by the Comm ission. In order

to

secure a license, the applicant must demonstrate

that his/her financial responsibility, experience, character, and general fitness are such

that his/her participation in the sport will be consistent with the best interests of

combative sports, the safety

of

combative sports participants, and the public interest,

convenience or necessity.

The Commission may revoke or suspend any license if t finds the license holder has

engaged

in an act or acts detrimental

to

the best interest of combative sports generally or

to

the public interest, convenience or necessity.

2. Safety

All participants must undergo comprehensive physical examinations including clinical

neurological and neuropsychological examinations

by

physicians approved

by

the

Commission

in

order

to

receive a license.

They

must also

undergo

such examinations

before and after each bout. No participant may compete or appear in a bout or event

within ninety

90)days of

having suffered a knockout

in

any such

bout

or event, or

within

ninety 90) days

of being rendered

unconscious where there is evidence of

head

trauma

as

determined by the attending physician.

At

least one physician approved

by the

Commission must

be on

hand for any given bout

or event This physician can enter the ring

at

any time and

must

tenninate any bout if n

his/her opinion, any participant

has

received severe punishment or is

in

danger

of

receiving serious physical injury.

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• Case 1:11-cv-08215-KMW-GWG Document 89-25 Filed 07/31/14 Page 35 of 37

3.

Conduct

No

combative

sports bout

can

be more

than

twenty

minutes

in

length. No participant

is

allowed

to

participate in more

than

three bouts or compete

for more

than

sixty

minutes

within seventy-two consecutive

hours.

Participants

must

wear mouth guards and groin

protection.

4. Miscellaneous

No

person under the

age of 18 is

allowed to participate in combative sports.

No

person

under the age of

8 is

allowed to

be

spectator

at

a combative sports event

unless

ac.:-ompanied by

a parent. All tickets are subject

to the

provisions of New

York

State s

ticket scalping law. Combative sports bouts and events are subject

to

New York s Boxing

gross receipts

tax.

CONCLUSION

As you

can

see this measure

provides

a

comprehensive regulatory structure

for the promotion

and

conduct

of

combative sports events.

The

Act

will

ensure

the

health

and

safety

of

he participants

and the attending public,

and

require that combative sports accept many of

he

same responsibilities,

oversight and control that boxing and wrestling currently do. As such, SEG considers the measure

a clear advancement over New York s current unregulated situation.

SEG urges the governor to sign the bill.

Very truly yours,

FEATHERSTONHAUGH CONWAY

WILEY

CLYNE

LLP

IDF:sll

cc: James Natoli Director of State

Operations

Bradford Race, Secretary to

the

Governor

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letter from seg (ufc) to ny governor in 1996

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