BYU Sunday sports ban
jpotuto1 at UNL.EDU
Tue Sep 21 10:23:07 PDT 1999
The NCAA is not a state actor. That was resolved in the case involving Jerry Tarkanian from UNLV. Any state institution that applies NCAA rules may be sued, however, and does not have the defense that "the NCAA made me do it."
James Maule wrote:
> >>> "Steven D. Jamar" <sjamar at LAW.HOWARD.EDU> 09/18/99 09:11AM >>> asks
> BYU bans athletic competition on Sundays. The NCAA sought to ban
> schools from NCAA championship tournaments if the school had such a
> Sunday ban. (The NCAA ultimately decided not to ban the schools.)
> My question: could the NCAA constitutionally ban BYU and other schools
> from championship tournaments on the basis of refusal by the school to
> play on Sundays?
> Two thoughts:
> 1. Is the NCAA a state actor? Does it get federal funding? (I think not). Is it a state actor because some or all of its member schools get federal funding?
> 2. Assuming there is state action, would the issue be moot for certain sports (e.g, football, which rarely has a Sunday game except for certain bowl games in certain years) because the BYU ban would not interfere with playing? Or is there some sort of tapestry that weaves all of the sports into one monolithic "competition"? ( I guess this depends in part on how the NCAA was going to work its sanction (all sports v sports in question. The NCAA uses both approaches, I think).
> Jim Maule
> Professor of Law
> Villanova University School of Law
> Villanova, PA 19085
> maule at law.vill.edu
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