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Legal
Lock: A Look At New England Laws And Regulations
By:The
Mark
06/06/04
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Over
the past few years I have seen a rise in the
questions concerning the laws and regulations
concerning wrestling in New England. Looking into
the subject I have found a number of states that
regulate wrestling and some that do not. The
following article is not meant as a beginning and
end all of the regulations but just a look at a few
that are on the books. At the end of the article I
have links to printer friendly versions of all the
regulations that I could find. If you are aware of
any additional laws please let me know of where to
find them so that I may add them to our database.
Also please send me any feedback you may have on
this article. Click the WrestlingMark.com
REGULATIONS LINK to bring you to the laws for that
individual state.
Thank You
The Mark
TheWrestlingMark@hotmail.com |
| You’re
on your way to a show. You’ve been looking forward
to it for three weeks since it’s announcement.
Everything is going to plan; the kids are strapped
into their seats excitedly chatting about the
night’s events. You stop at McDonalds for your
ritual pre show meal. Your excitement grows as does
the kids. The card is strong; some of the areas top
workers are on the card. As the anticipation mounts
you cant help but think this is the same way your
dad felt twenty some odd years ago while taking you
to a local show. |
 |
As
you approach the doors with the boys in tow you
notice there aren’t to many cars around “Maybe
we’re early” you think to yourself. I know the
website said the show started at seven. But then you
catch sight of the sign on the door. Your filled
with dread, you hope beyond hope it doesn’t say
those horrible words. But as you get closer you
realize it’s true. The sign says in a hand written
scrawl “Wrestling Canceled!”
We see this all the time, last minuet cancellations
of events. Rumors of one promoter “ratting”
another out to a local athletic commission.
Sabotaging of events due to a poor payday by
disgruntled workers. The truth of the matter is, by
keeping oneself apprised of all laws and regulations
and keeping yourself above board and legal is part
of doing business.
Dozens of states throughout the US regulate
wrestling; whether you wrestle or promote wrestling,
it is imperative for you to orient yourself with the
laws and regulation that govern your particular
state or local agency for wrestling. Ignorance of
the law is no excuse and those who violate local
laws and regulations risk both hefty fine as well as
suspension from being able to conduct business
within the state.
Now it is important to understand why local and
state agencies first implemented wrestling
commissions. At the turn of the century Wrestling
was perceived as a real combative sport much like
boxing. Mainstream media reported events and results
weekly and even dedicated entire sections and
reporters to its coverage. A representation the
industry itself continued to perpetuate over the
years. And with the depiction of being a combative
sport drew the attention of legislators who wished
to control and legitimize the sport it self.
Most laws and regulations were designed to function
and regulate three things:
1. To oversee the protection of the competitors
health and safety.
2. To oversee the promotions integrity of wrestling
events and their outcome.
3. To protect the collection of taxes to collected
for the state in which the promotion ran events.
Now with this in mind in the early to mid eighties
wrestling’s iron curtain of secrecy was torn down
forever. Although rumors had always surrounded the
legitimacy of wrestling matches, it was not until
the World Wrestling Federation’s CEO Vince McMahon
labeled his promotion as Sports Entertainment, that
wrestling was viewed for what is was, not a
competition but an athletic performance. What many
within the industry at the time felt would destroy
the business itself actually breathed new life into
it. It also had one other positive effect. State
agencies by the late eighties began to eliminate
regulations altogether, viewing wrestling as theater
for the masses. But a few continued to enforce their
arcane laws that were first designed to regulate an
industry that for all essential purposes did not
exist. |
Gary
Albright died of a massive heart attack during a
match in Pennsylvania |
Now
some regulations are welcome especially when it
comes to the safety of the participants. Some states
require workers to be licensed by the state, however
fall short when it comes to a detailed explanation
of what it takes to become licensed.
Questions about the safety of workers first arose in
1940 when John Stevens was killed during a match.
Stevens was a referee during an event in |
Seattle’s
Civic Auditorium. Stevens had been pushed to the
ground and kicked several times by LaVerne Baxter, a
heel worker in the region. The States Athletic
Commission’s investigation into the incident drew
national attention. It was also interesting to note
that the investigation was one of the first to
“out” the industry when Baxter revealed that the
event was staged and that his attack on Stevens was
first instigated by Stevens himself. "A couple
of weeks ago, Steve had asked me to rough him up at
the end of a match to make him look tough,"
Baxter testified. "He wanted me to grab him by
the hair and pull him about the ring."
As a result wrestling was banned in Seattle for five
years. The longest prohibitions in US sports history
where a major city was involved.
More recent events can be seen as reason for
regulation as well. Gary Albright 36, died during an
event in 2000. Albright collapsed during a match in
Pennsylvania, and despite the ring crews attempt to
resusitate him with CPR, he died shortly there
after. The cause was found to be a massive heart
attack that was complicated by diabetes. It was only
a few months ago that John Coggeshall, 34, died
during an event at the Newport Elks Club in April.
It is also widely felt that physical conditioning
played a roll in his passing. And all to often we
hear of untrained workers being injured if not
killed around the country.
Most of states require a worker to be at least
eighteen years of age in order to participate in any
way with in a match. In Connecticut no one under
eighteen may be engaged in a match unless a school,
college, or university that has been accredited by
the state athletic association supervises it. New
Hampshire bans minors from any professional bout
altogether. Rhode Island has more detailed
requirements for wrestlers to receive licenses to
wrestle with in the state, and when laws a closely
it quickly becomes apparent that the laws are
written so that they may be revoked or denied on the
whim of the commissioner. Most also ban inter gender
matches, but Rhode Island also bans wrestling with
animals.
Connecticut Requires a physical examination before
participating in any event, Whereas under Rhode
Island law any worker over thirty five must submit
to a hearing before the division concerning their
health. Although I do agree that proving that you
are healthy enough to perform in as physically
demanding activity as pro wrestling. I have to
question the age before being required. We have seen
plenty of guys who were woefully out of shape
climbing in the ring tempting a heart attack. Or
what about those who work so hurt that they have a
hard time climbing into the ring. Few say anything
simply because that’s the way its always been. In
this aspect every state falls way short of
protecting the participants. At the very least the
states that do not require licensing of worker do
not pretend to care about the workers well being.
And the most of the states that do seem more
interested in the money that it generates. Maine
gets $60.00 per year however gives no requirements
as to what is needed outside the $60.00 to obtain a
license.
Many laws that require a worker to be licensed also
require that person to prove that they are properly
trained. This is a great idea except for one thing.
How does the wrestler prove he is properly trained?
To my knowledge there are no accredited pro
wrestling schools in the US. What constitutes proper
training? And if schools were to be accredited who
would be accrediting them? Lets face it; there
isn’t a Squared Circle Academy or a SlamTech
University in every state. The truth is that any ass
can throw a couple of mattresses into his basement
and call himself a wrestling school.
In Rhode Island it is prohibited to use any form of
narcotics or alcohol before or during an event, a
rule no other state in New England has. A physician
may be allowed to require a participant to a blood
test at any time before a match. It also requires
HIV testing and may only be waived if the wrestler
presents lab tests results to the department that
have been preformed with thirty days.
Rhode Island also is the only state I found that
required protective equipment be worn by all
participants. Males must wear a plastic protective
cup. Females must wear foul-proof breast protectors.
Plastic breast covers are adequate. All Competitors
must wear fitted mouthpieces. In addition to the
foregoing, the Division reserves the right to
require Competitors to wear such other protective
equipment as the Division deems necessary in
furtherance of the underlying policies and purposes
of these Rules and the Act. |
| Looking
to what is required by a promoter, it becomes
quickly obvious that the main focus of the state
authorities is again the money it generates in
licensing fees. Looking at Maine and New Hampshire
it swiftly obvious that only those with in the state
are allowed to run shows. Unless you are a resident
or own a business within the state you will not get
licensed. |
Many
states have considered regulating shows with
excessive blood letting |
Another
sticking point with being a licensed promotion in
most states is acquiring insurance. This is a good
idea all the way around but some feel it is being
over done. New York has some of the biggest demands
on the promoter. $20, 000 Surety Bond, $450
licensing fee, $7,500 medical coverage and $100,000
accidental death insurance for all wrestlers on your
card, and $1,000,000 liability policy for the venue.
A promoter is looking at steep fees for insurance
and permits before even selling a single ticket.
Many of the attacks on wrestling concerning
insurance came because of the industries inability
to police itself. Pennsylvania and New Jersey have
both proposed banning Blood letting during matches
following the controversy of wrestlers spilling into
the audience while bleeding. By insuring oneself for
the injury of a fan or spectator is important.
Wrestlers dragging the show out onto the floor have
become commonplace, it’s almost expected. However
giving the argument that you knew it could happen as
an excuse in court may not be a good legal defense.
If a worker throws a chair at another and it hits a
little kid behind it’s intended target, the
promoter may have a hard time convincing a jury that
the child was informed of the danger before
entering. All states that require licenses require
some form of insurance and surety bond. Although
they do not necessarily give guidelines for how
much.
Equipment is also another thing that is regulated.
In Rhode Island the ring must be no less than
eighteen feet within the ropes and no more than
twenty four. It must also extend two feet outside
the ropes and covered with padding no less than one
inch thick. The platform must be no more than four
feet high, and the ropes must be one inch thick and
wrapped in soft material.
Now this is where things start to get weird. Most
commissions require certain compliances by the
promotion. As most would guess medical personnel is
required to be in attendance. Ok fine. Also
requiring licensed workers, as we already said
licensing wrestlers is a little vague at best but
ok. Licensed Time Keeper, Referees, Managers,
Trainers, Seconds, and Judges. Ok now how is this
gonna work, and what the hell is a second anyway.
This is where Arcane in Arcane Laws come into play.
This seems more like a way to milk a little more
cash out of a situation. Or you could also look at
it as a way for a state to revoke or deny a license
on the whim of a commissioner.
Also keep in mind that during the sixties and
seventies the judge was appointed by the athletic
commission, and basically sat in the audience and
green lighted the event and anything the promotion
wanted them to. Eighty dollars per event paid to the
judge. Lets not even begin with the Physician who
also was appointed by the commission, and for all
essential purposes could very well be a dentist from
Peoria. Eighty Bucks there too per event. You
didn’t have to be a doctor to tell that Gorilla
Monsoon’s blood sugar was to high for him to
participate in any sport, however not to high to
wrestle through out New England during the
seventies.
The last part of the commission is to protect the
state. Many states require that a report be filed
with in seventy-two hours. The report will contain
the number of tickets sold and the gross receipts,
and oh yes a check for a certain percentage of the
take. In Maine if the promoter does not pay the
required five per cent the day of the event they
must have a surety bond for $10,000 before the event
payable to the state athletic commission.
Non-compliance to any of the rules and regulations
for any given state can be steep. In Rhode Island,
New Hampshire, and Maine any division official may
revoke a license for any reason at any time. In
Connecticut you may be fined as much as $200.
Now the push for wrestling regulation comes from
many different directions. Georgia representative
Alan Powell has proposed legislation that in his
view would make wrestling in the state safe for all
those who would participate. Requiring a doctor to
be in attendance and under supervision of the state.
A one time fee of one thousand dollars and two
hundred fifty per event, with the money going to the
state Athletic and Entertainment Commission. He has
stated he would like to see wrestling regulated more
like boxing. |
The WWE's Chairman Vince
McMahon has even stepped into the regulation
fray.
|
Even
Vince McMahon has stepped into the fray of seeing
that wrestling gets regulated. Vince openly
supported legislation in New Jersey that would
devastate Indy promotions in that state, while
leaving the WWE totally exonerated from these
regulations. Why? Good question. The WWE’s
official stance was always to allow parents decide
what their children watch, and yet they take the
same stance as their long time enemy the PTC when it
came to smaller but more popular wrestling
organizations. One might say Vince is concerned with
their box office, while in fact their support of
legislation more rings to vilify the smaller more
controversial promotions |
Now
the question you may have is are commissions
actively looking for violators in New England. I
have a hard time believing they are. The truth is
most of these commissions look at violators a waste
of resources. However I do feel they are more
apprised of the situation than not. It seems that
they only go after violators when they receive
complaints from “Concerned Citizens” or when
challenged to. This may be why some who have never
run shows in certain states receive little to no
negative feedback when contacting local agencies,
while others who have been operating under the radar
for a period of time hit a stone wall when dealing
with the same authorities.
In short wrestling is a business and should be
treated as such. The investment you make on every
level should be protected. Be it financial, or time
wise it is foolish to leave you open to attack.
There are no guaranties. Operating under the idea of
I got away with it before may find you on the short
end of the law of averages.
The Mark
Doug.Frongillo@verizon.net |
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