Court strikes down possible payments to college athletes

[shakespeare]

Associated Press
SAN FRANCISCO (AP) - A federal appeals court agreed Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws but struck down a plan to allow schools to pay football and basketball players up to $5,000 per year.

The 9th U.S. Circuit Court of Appeals said the NCAA could not stop schools from providing full scholarships to student athletes but vacated a proposal for deferred cash payments.

"The difference between offering student-athletes education-related compensation and offering them cash sums untethered to educational expenses is not minor; it is a quantum leap," Judge Jay Bybee wrote. "Once that line is crossed, we see no basis for returning to a rule of amateurism and no defined stopping point."

NCAA officials said they agreed that allowing students to receive cash compensation was erroneous and called the ruling a victory for the principle of amateurism.

"That was a very, very welcome decision from our point," NCAA President Mark Emmert said.

The NCAA in August began allowing its member schools to provide an athletic scholarship that covers the full cost of attending college, though officials say it should not be mandated by the courts.

Previously, an athletic scholarship covered tuition, room and board, books and fees. Now NCAA rules allow schools to raise the value to include other expenses, such as travel, that come with attending college. Schools determine their cost of attendance using federal guidelines.

Big 12 Commissioner Bob Bowlsby said the ruling supports the idea that college athletes are not employees.

"There are elements of this ruling that are either unknown at this point or are things that we would tend to disagree with the court," Bowlsby said. "But in the main I believe this has affirmed the amateur status of collegiate athletes and affirmed these are students, not employees."

The NCAA had appealed U.S. District Judge Claudia Wilken's 2014 decision to allow players in the top division of college football and in Division I men's basketball to be paid. The money would have been put in a trust fund and given to them when they left school.

This does not end the legal challenges facing the NCAA. One case in particular challenges schools' rights to cap compensation to college athletes at the cost of a scholarship.

"I think in a general sense we made progress," Bowlsby said. "I think we now are well-positioned to move ahead with the rest of the challenges that we face."

Wednesday's decision came in a lawsuit filed by former UCLA basketball star Ed O'Bannon and 19 others.

The NCAA was accused of violating antitrust laws by conspiring to block the athletes from getting a share of revenue generated by the use of their images.

The NCAA said paying college athletes would destroy its system of amateurism, and the rules designed to protect that system had never previously been found by courts to violate antitrust law.

NCAA attorney Seth Waxman cited a 1984 U.S. Supreme Court ruling during oral arguments before the 9th Circuit in March. The ruling said athletes must not be paid in order to preserve the character and quality of college athletics.

Plaintiffs' attorney Michael Hausfeld countered that the Supreme Court's comment was made in passing and was not integral to the outcome of that case.

This will never make sense to me.

[cragganmor]

it just seems unfair to tout the principle of amateurism when in fact the schools benefit greatly. does unc turn down the advertising revenue and their share of the ncaa tourney cut at the end of the season because they are amateurs? outdated laws that benefit the people raking in the money.

the sports programs don't want the hassle of paying a wage because as an employee, one is obligated to follow a ton of rules to ensure fair treatment of the employee. the athletes benefit because they could sue the schools for mishandling them. the system is inherently unfair. i think a class action lawsuit on the basis racial bias is the only way; minorities shoulder a disproportionate burden while they have only a brief span to their athletic careers.

[shakespeare]

There is a tragedy here that I can't really put my finger on, but it's there. And it lies somewhere between the fact that the NCAA is making billions of dollars yet refusing to compensate these players outside of free room and board and the fact that the NCAA will rule a player ineligible if he or she accepts a gift.

Like you said, outdated laws. Definitely. I'm sure no one envisioned the culture of college sports would would grow into the beast that it has become in this day and time.

[KnicksFanInSouthFL]

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[cragganmor]

if colleges actually paid student athletes a living wage, they might stay in school longer by helping their families out with the bills. the fact of the matter is that the ncaa enforces institutional slavery on poor student athletes. perhaps you get around this by establishing a trust to administer payments, but reform is necessary and just

[nazrmohamed]

I don't think colleges should pay salaries to athletes. They don't get free room and board, they get a free educating and if they don't intend to stay long enough to recieve it that's thier problem.

They day a college athlete should get paid is the day they should sign a 4 yr contract to stay till they graduate. Yall ready to sign that paper for a mere 5k per year? That's right, I didn't think so. You wanna get paid? Go to Europe at your own peril and get lost against real pros.

And i know I gotta kill the athlete pity party but it's not like the athlete doesn't use the schools for what the opportunity is. College is nothing but exposure for the top guys. If they were allowed to most of them wouldn't even go. I watch a league where it takes 3 years for someone to even look like an nba player. They get everything free as it is, get coddled.

I just don't feel sorry for these guys. When nba players start a fundraiser for all the guys who couldnt make the league Ill feel like they care. When they actually make a commitment to the team Ill feel sorry for them. I don't feel like a dude should be compensated for his one year of service prior to making double digit million dollars.

[nazrmohamed]

I will make a concession though. Remember when Manzell got in trouble for signing that memorabilia? I had no problem with that?

To me if you are marketable and people wanna pay you for your likeness, endorsements I have absolutely no problem with that. You're good, outsiders see that you are good and wanna pay you. Ill actually defend this cuz to me is none of the schools business who outside of the school wants to pay you. I just don't believe the ncaa should pay you. Cuz Ill be damned if Melo makes the same 5k as Jerry MacNammara. See how now that becomes an issue? To pay athletes equal in essence becomes more unfair than not paying them at all. But endorsements are basically what the market allows.

[n8 the gr8]

My biggest problem with the NCAA and universities operating as a business is what happens with injured players. Like if you get a basketball scholarship and make straight As and make money for a good program for 3 years and then tear your acl in the tournament the school isn't obligated to let you finish your senior year if you can't play. Tough luck, thanks for your time.

I could see the NBA changing the rules so that anyone that's 18 at the time of the draft can be selected but you have to be 20 to play in the league. Then require the NBA to pay everyone that they select 200k so they don't have starving relatives and then allow them to go into the market and get insurance in case they get injured and never get a chance to play in the NBA.