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In the words of the Daleks "Resistance Is Futile"
Posted on: June 10, 2021 at 20:11:09 CT
ScottsdaleTiger MU
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Currently about six or eight states have NIL Rights statues. There is a Student Athletes Rights bill pending in the Senate. It grants student athletes NIL rights.
Assuming the current statutes remain in effect, the Senate Bill is adopted and, in all liklyhood additional NIL rights statutes are adopted, attempts by the NCAA to enforce anti-NIL rights rules would be expose it to lawsuits in State and/or Federal Courts in which the student athlete could seek a permenant injunction against the enforcement of the NCAA's anti-NIL rights rules and also compensatory and punitive damages. Those suits would likely be close to slam dunk wins for the student athlete.
The reasoning is simple and straight forward. The NIL rules apply to issues that should be decided by legislatures, not by a private organization and the legistlatures have spoken. Further, the legislation does not impinge on anyone's constitutional rights.
Additionally, depending on the facts various other parties could be pulled in to the cases, i.e. the school's confernece if it were a conference game and the conference, possiblly radio and TV broadcasters. (While the claims against these additional parties could be shaky, they might find is more expeditious to settle than to litigate.)
Arguments by the NCAA and other defendants that what they've attempted to do is in the "best interest of the game" would likly carry little or no weight because that's a decision best made by legislatures and Congress, not the courts.
Assuming the current statutes remain in effect, the Senate Bill is adopted and, in all liklyhood additional NIL rights statutes are adopted, attempts by the NCAA to enforce anti-NIL rights rules would be expose it to lawsuits in State and/or Federal Courts in which the student athlete could seek a permenant injunction against the enforcement of the NCAA's anti-NIL rights rules and also compensatory and punitive damages. Those suits would likely be close to slam dunk wins for the student athlete.
The reasoning is simple and straight forward. The NIL rules apply to issues that should be decided by legislatures, not by a private organization and the legistlatures have spoken. Further, the legislation does not impinge on anyone's constitutional rights.
Additionally, depending on the facts various other parties could be pulled in to the cases, i.e. the school's confernece if it were a conference game and the conference, possiblly radio and TV broadcasters. (While the claims against these additional parties could be shaky, they might find is more expeditious to settle than to litigate.)
Arguments by the NCAA and other defendants that what they've attempted to do is in the "best interest of the game" would likly carry little or no weight because that's a decision best made by legislatures and Congress, not the courts.
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In the words of the Daleks "Resistance Is Futile" - ScottsdaleTiger MU - 6/10 20:11:09
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