Zuffa LLC, the parent company of the UFC, has filed a lawsuit against New York State Attorney General Eric Shneiderman and Manhattan District Attorney Cyrus Vance with the ultimate purpose of legalizing MMA in New York, according to the Wall Street Journal.
What’s the crux of Zuffa’s argument?
That the banning of MMA in New York tramples over the right to freedom of speech given by the first amendment, although the amendment is interpreted to include more than just speech.
One such case that Zuffa bases its argument on is Brown v. Entertainment Merchants Association, a case in which it was determined that banning the sale of violent video games was an infringement on first amendment rights.
Zuffa has brought on a veritable who’s who of plaintiffs, including Jon Jones, Gina Carano, Frankie Edgar, Brian Stann and Matt Hamill.
The man representing Zuffa and the other plaintiffs—New York University School of Law professor Barry Friedman—is making full use of the fact that the sport is called mixed martial arts in his case against New York State.
“It’s martial artistry,” said Friedman. “The nature of martial arts is a lot like dancing…As is true of ballet, music, or theater, for an audience, attending a live MMA event is an experience that cannot be replicated on a screen.”
So will attacking the law that bans MMA succeed with this new strategy?
Jonathan Snowden, MMA writer and lawyer, is pessimistic.
He tweeted: “UFC’s fifth cause of action is that the law is ‘Unconstitutionally Irrational.’ More than 100 pages in and only two cases cited. Hmm…”
He then tweeted that despite his long time away from law school, he though that Zuffa “doesn’t have much of a case at all.”
The UFC has tried to lift the ban on MMA in New York on multiple occasions and was met with failure each time, despite donating over $70,000 to the campaign of New York State Governor Andrew Cuomo.
Only time will tell if the UFC can be successful this time around.
The legal documentation regarding the case can be read here.
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