ABC not so easy as 1-2-3! They reject Judah's appeal!
ABC rejects Judah appeal!
October 24, 2006
http://www.fightnews.com/1312.htm
In the first appeal from a decision of a boxing commission to the Association of Boxing Commissions ("ABC") since the 1996 enactment of a federal law entitled the "Professional Boxing Safety Act" ("PBSA") providing for such an appeal, the ABC recently ruled that the revocation of Zab Judah's boxer's license by the Nevada Athletic Commission for "unsportsmanlike conduct" during Judah's IBF welterweight championship fight against Floyd Mayweather, Jr. on April 8, 2006 is reciprocally enforceable by all boxing commissions in the United States.
The revocation of Judah's license by the Nevada Athletic Commission was based upon the following facts. Nearing the end of the tenth round of the Judah – Mayweather bout, Judah struck Mayweather below the belt; and, as Mayweather "doubled over" from the low blow, Judah struck Mayweather in the back of the head (commonly referred to as a "rabbit punch.") Referee Richard Steele then grabbed Judah and began directing him to a neutral corner, as Mayweather staggered to the other neutral corner. Immediately thereafter, Roger Mayweather, the trainer of, and a "second" for, Floyd Mayweather, Jr. (the uncle of the boxer), left his seat and entered the ring, soon followed by Leonard Ellerbe, another "second" for Floyd Mayweather, Jr. Yoel Judah, the trainer of, and "second" for, Zab Judah (the father of the boxer) then left his seat, entered the ring and attempted to strike Roger Mayweather in or about the face. A fracas ensued in the ring among various members of the boxers' corners and security personnel. During the fracas, Zab Judah, who did not go to the neutral corner as directed by the referee, pushed aside two Commission inspectors, struck Mr. Ellerbe in or about the back of the head, and then engaged in a scuffle with Roger Mayweather. Unlike Zab Judah, Floyd Mayweather, Jr. remained in a neutral corner throughout the entire incident and did not participate in the fracas in any manner.
On May 8, 2006, the Nevada Athletic Commission held a hearing regarding this matter at which Judah personally appeared with his attorney. Soon thereafter, the Nevada Athletic Commission issued written "Findings of Fact, Conclusions of Law and Decision" in which it was determined that Judah was guilty of "unsportsmanlike conduct in connection with a contest or exhibition of unarmed combat"; accordingly, it was ordered that Judah's boxer's license be revoked, and that he pay a fine in the amount of $250,000.00. Under a Nevada Athletic Commission regulation, a boxer whose license has been revoked may not petition for reinstatement or apply for a new license until one year after the revocation.
On June 7, 2006, Judah, through counsel, appealed the ruling of the Nevada Athletic Commission to the ABC as provided in the PBSA which states, in part, that a boxing commission may allow a boxer who is under suspension or revocation in any State to participate in a boxing match in another State:
"… if the boxer appeals to the Association of Boxing Commissions, and the Association of Boxing Commissions determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this chapter [the PBSA]."
On October 16, 2006, following the submittal of memoranda by legal counsel for Judah (Lamont Jones) and the Nevada Athletic Commission (Michael Mersch), the ABC held a telephone conference hearing before a panel consisting of Tim Lueckenhoff (President of the ABC), James Erickson (Vice President of the ABC) and Ron Scott Stevens (Chairman, New York State Athletic Commission). Bruce Spizler (Chairman of the ABC Legal Committee) served as legal counsel to the ABC hearing panel.
Judah, through his counsel, acknowledged that there were "sufficient grounds" for the revocation of his license; that the revocation was for a "proper purpose"; and that, under the PBSA, the term "suspension" includes within its meaning the revocation of a boxing license. Judah argued, however, that the basis of his boxer's license being revoked was not for one of the "purposes" of the PBSA, and, as a result, should not prohibit him from participating in professional boxing matches in other boxing jurisdictions in the U.S. Specifically, Judah argued the language of the PBSA as to those violations for which reciprocal enforcement is mandatory is only applicable to "unsportsmanlike conduct" which takes place during competition, not merely "in connection with" a boxing match. Accordingly, Judah argued, because the Nevada Athletic Commission did not revoke his license for the low blow or rabbit punch, but, instead, for his actions during the ensuing fracas, the revocation was not related to the purposes of the PBSA; and, therefore, he should be allowed to participate in other boxing commissions in the U.S.
In a Decision, dated October 18, 2006, the ABC unanimously rejected Judah's argument. The ABC noted that, considering one of the express "purposes" of the PBSA is "to assist … boxing commissions to provide proper oversight for the professional boxing industry in the United States," the section regarding "unsportsmanlike conduct" is not to be read so narrowly as Judah suggests. Instead, the ABC said, there is nothing to suggest, or intimate, that Congress intended to exempt from reciprocal enforcement a suspension or revocation for "unsportsmanlike conduct" where, for example, such conduct occurs between rounds or follows the announcement of the judges' decision.
The ABC also unanimously ruled that it is without authority and does not have jurisdiction, under the federal law or otherwise, to substitute its judgment for that of a boxing commission regarding the propriety or severity of the sanctions imposed by a boxing commission.
Never beg a 40 dollar hooker...specially after she's just turned down your mom's credit card!!
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Originally Posted by AdamGB
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