Justin Klein on The Fight Lawyer has an update on the case of Zuffa VS The State of New York. Just to loosely summarize, Zuffa is suing NY on the grounds that they are going against their constitutional rights. On January 5, 2012, there was a status conference before Judge Kimba Wood in Zuffa et al.’s lawsuit challenging the constitutionality of the law banning mixed martial arts in New York.
The minute entry from that proceeding is below:
Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference held on 1/5/2012. Defendants will submit a limited motion to dismiss addressing only the issue of whether due process and equal protection analysis requires the Court to determine whether there was a rational basis for the law at issue only at the time it was passed, or whether the Court must determine whether there is a rational basis for the law at present (in other words, whether the Court should take into account a change in factual circumstances that makes the law no longer rational, even if it had a rational basis at the time of passage). Defendants’ motion is due 1/27/12. Plaintiffs’ reply is due 2/17/12.Defendants’ response is due 3/2/12. (js) Modified on 1/9/2012 (tro). (Entered: 01/06/2012)
As Klein summarized, the New York Attorney General and New York County District Attorney offices will be submitting a motion to dismiss. However, The Fight Lawyer noted that the motion was peculiar to him. “The narrow issue the parties will brief involves whether the Court should determine whether the law is rational now,” Klein wrote on his site, “Given the current state of the sport or if the court should focus on whether the law was rational as of 1997 when the ban was implemented.” In other words, there will be some semantics at play, as well as some educating on the modern rules of the sport, before we see how this moves ahead.