MARYLAND STATE ATHLETIC COMMISSION
MINUTES - THURSDAY, JULY 31, 2003
The Thursday, July 31, 2003 meeting of the Maryland State Athletic Commission was called to order at 3:09 p.m.. Present were: Chairman Karl N. Milligan, Jr., Chairman; Commissioners Ben Alperstein, Bill McCaffrey, and David Norman; Patrick Pannella, Executive Director; Bruce Spizler, Counsel and Senior Assistant Attorney General; and Dr. Steven Manekin, Chief Physician.
APPROVAL OF MARCH 27, 2003 COMMISSION MINUTES
The April 24, 2003 Minutes of the Maryland State Athletic Commission, which previously were distributed to all Commission members for review, were discussed. Upon a motion by Commissioner McCaffrey, and seconded by Commissioner Alperstein, the Commission voted unanimously (4-0) to approve the April 24, 2003 Minutes of the Commission.
DISTRIBUTION OF MAY 29, 2003 MINUTES
The May 29, 2003 Minutes of the Maryland State Athletic Commission were distributed to all Commission members for review. Executive Director Pannella reported that these minutes will be submitted for approval at the next Commission meeting.
APPROVAL OF PROFESSIONAL WRESTLING SHOWS
Executive Director Pannella led a discussion of the proposed professional wrestling shows scheduled in Maryland for the months of August and September, 2003.
In regard to the September 3, 2003 professional wrestling show which is scheduled to be held in a gated area located on the dock outside of the Hard Rock Cafe in Baltimores Inner Harbor, Executive Director Pannella stated that, as he had done for similar events in the past, he would reiterate to promoter Donna Burke that wrestlers participating on the card are not allowed to jump or land in the harbors waters under any circumstances, and that the Commission would impose sanctions against both the promoter and the wrestlers involved if such an incident were to occur.
Commissioner Norman inquired about the fee amount which the Commission charges promoters of bought professional wrestling shows where tickets are
not being sold and where the show is being held to promote a particular venue
or business. Executive Director Pannella responded that, in these instances, in keeping with the minimum $200.00 amount charged to a promoter by the Maryland Comptroller of the Treasury for the Boxing and Wrestling Tax, the Commission generally charges the promoter a $200.00 fee for the Commissions regulatory services. The Commission asked Mr. Pannella to reconfirm with the Maryland Comptroller of the Treasury that such events are not subject to the Boxing and Wrestling Tax and that the Maryland Comptroller of the Treasury should not be receiving the fee collected by the Commission for bought shows.
Upon a motion by Commissioner Norman, and seconded by Commissioner McCaffrey, the Commission voted unanimously (4-0) to approve the following professional wrestling shows:
Sunday, August 10, 2003 - North Point Flea Market - Essex, Maryland
Promoter: Donna Burke, Mid-Eastern Wrestling Federation (MEWF); and
Wednesday, September 3, 2003 - Hard Rock Inner Harbor - Baltimore, MD
Promoter: Donna Burke, Mid-Eastern Wrestling Federation (MEWF).
APPOINTMENT OF COMMISSIONER DAVID NORMAN
Executive Director Pannella reported that Governor Robert Ehrlich recently appointed David Norman as a member of the Commission to complete the term
of Commissioner Michael Arrington, who recently resigned from the Commission.
Chairman Milligan, Commissioner Alperstein and Commissioner McCaffrey all welcomed Commissioner Norman to the Commission. Commissioner McCaffrey noted that Commissioner Norman has attended many professional boxing shows held in the Greater Baltimore area in recent years, and opined that Commissioner Normans observations as a boxing spectator will be beneficial to the Commission as Commissioner Norman assumes his new position. Executive Director Pannella stated that Commissioner Norman has been a friend to the Commission since
at least 1995, and noted that Commissioner Norman has maintained a strong
interest in Commission affairs regarding professional boxing since that time.
Commissioner Norman stated that he was very pleased to have been appointed
as a Commission member by Governor Ehrlich. He praised the Commission for
its high standards of safety and officiating in regulating the sport of professional boxing.
REAPPOINTMENT OF COMMISSIONER BILL McCAFFREY
Executive Director Pannella reported that Governor Robert Ehrlich recently reappointed Bill McCaffrey as a member of the Commission. Commissioner McCaffrey stated that he was pleased to have been reappointed as a Commission member, and thanked Governor Ehrlich, Commissioner Norman and Mr. Pannella for their support.
CHAIRMANS REPORT
Chairman Milligan expressed regret that, due to a recent ailment related to his knee, he was not physicially able to attend the 2003 Conference of the Association of Boxing which was held from July 22 - 26, 2003 in St. Louis, Missouri.
COUNSELS REPORT
Senior Assistant Attorney General Spizler stated that he would not offer a report
at this time, but would be offering comments regarding his participation in the
2003 Conference of the Association of Boxing Commissions (ABC) held from
July 22 - 26, 2003 at the Drury Plaza Hotel in St. Louis, Missouri.
EXECUTIVE DIRECTORS REPORT
Executive Director Pannella stated that he would not offer a report at this time,
but would be offering comments regarding his participation in the 2003 Conference of the Association of Boxing Commissions (ABC) held from July 22 - 26, 2003 at the Drury Plaza Hotel in St. Louis, Missouri.
ELECTED OF ABC OFFICERS; ABC APPOINTMENTS
Executive Director Pannella reported that, during the 2003 Conference of the Association of Boxing Commissions (ABC) held from July 22 - 26, 2003 in
St. Louis, Missouri, the ABC membership elected the following ABC officers
to serve two-year terms in the following positions: Tim Lueckenhoff (Missouri Office of Athletics), President; Steve Bashore (Oklahoma Professional Boxing Commission), First Vice President; Wally Jernigan (Nebraska State Athletic Commission), Second Vice President; Buddy Embanato (Louisiana Boxing and Wrestling Commission), Treasurer; and Jeanette King (North Carolina Boxing Commission), Secretary. Mr. Pannella also reported that: 1. Mr. Lueckenhoff appointed Commissioner McCaffrey and Senior Assistant Attorney General
Spizler to the ABC Committee which is preparing the ABCs World Title Fight Procedural Manual; 2. Mr. Lueckenhoff appointed him as Director of Region
One for the ABC; and 3. Mr. Lueckenhoff reappointed Senior Assistant Attorney General Spizler to the ABC Legal Committee, and also as an advisor to the
newly-created ABC Disciplinary Committee.
ABC PRESIDENT TIM LUECKENHOFF
Commissioner McCaffrey and Senior Assistant Attorney General Spizler recognized Tim Lueckenhoff for his outstanding leadership as ABC President,
and expressed confidence that Mr. Lueckenhoff would continue to build upon
his record of maintaining strong communication between ABC commissions
over the next two important years for the ABC.
Chairman Milligan opined that Tim Lueckenhoff would do a good job as
ABC President in Mr. Lueckenhoffs second term in the position.
Executive Director Pannella stated that, when Tim Lueckenhoff was elected to
his first term as ABC President two years ago, Mr. Lueckenhoff issued a mandate
to state and tribal commissions affiliated with the ABC that they ensure that
all officials working for these commissions participate in an ABC-sponsored officials training seminar. Mr. Pannella noted that, while there is still a segment
of officials in the country who have not completed the ABC officials training seminar, the seminar has still been very successful in promoting uniformity and high standards regarding officiating of professional boxing bouts. Mr. Pannella added that, as Director of Region One for the ABC, he would be contacting the state and tribal commissions located within his region to confirm that all of the officials working for these commissions have participated in an ABC-sponsored officials training seminar.
The Commission asked Executive Director Pannella to draft and send a letter to
Mr. Lueckenhoff from the Commission congratulating Mr. Lueckenhoff on being elected for a second term as ABC President.
PROTECTION OF PARTICIPANTS
Commissioner McCaffrey noted that, as was eloquently stated at the 2003 Association of Boxing Commissions (ABC) Conference by Billy Cypress, Chairman of the Miccosukee Athletic Commission, the protection of participants should always remain the chief goal and focus of all athletic commissions.
UNCERTIFIED BOXING REGISTRIES
Senior Assistant Attorney General Spizler reported that, during the 2003 Association of Boxing Commissions (ABC) Conference, the ABC membership expressed a concern that certain boxing commissions affiliated with the ABC
were relying on information obtained from boxing registries which have not been certified by the ABC in determining the propriety of approving boxing matches. Mr. Spizler said that the California State Athletic Commission was named as
a boxing commission which does not require the current bout history of every
boxer competing on the boxing shows it sanctions to be procured by either the commission or the promoter from a boxing registry certified by the ABC. He
stated that: 1. Federal law defines a boxing registry as any entity certified by
the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers; and 2. Currently, Fight Fax, Inc. is the only boxing registry certified by the ABC. Mr. Spizler explained that the ABC is concerned that, by obtaining information reported by non-certified boxing registries, boxing commissions are utilizing incomplete and inaccurate information pertaining to bout results, boxers records, and the suspension of boxers licenses imposed by boxing commissions for medical and other reasons. Mr. Spizler reported that the ABC membership unanimously adopted a resolution expressly mandating that all boxing commissions affiliated with the ABC must utilize only those boxing registries which are certified by the ABC. He noted that the ABC membership also directed ABC President Tim Lueckenhoff to send written correspondence to the California State Athletic Commission which urges this boxing commission to comply with the ABC resolution, and to forward copies of the letter to the Governor of California, the Attorney General of California, and United States Senator John McCain.
THE GREAT DEBATE
Senior Assistant Attorney General Spizler reported that, during the 2003 Association of Boxing Commissions (ABC) Conference, a discussion, billed as
The Great Debate, was held regarding Senate Bill 275, the Professional Boxing Amendments Act of 2003". Mr. Spizler stated that he and Greg Sirb, Executive Director of the Pennsylvania State Athletic Commission, spoke in favor of the Federal legislation. Mr. Spizler stated that Wally Jernigan, Commissioner of the Nebraska State Athletic Commission, and Chris Meffert, Executive Director of the Florida State Athletic Commission, spoke in opposition of the Federal legislation.
Mr. Spizler explained that, among other requirements, SB 275: 1. Calls for the establishment and maintenance of a medical registry containing comprehensive medical records and medical suspensions for every licensed boxer in the country;
2. Provides for uniform safety standards to be adhered to by all state and tribal boxing commissions, including a mandate that EMT specialists and ambulances must be continually present at ringside during all professional boxing bouts; 3. Requires all promoters of professional boxing shows to post a performance bond to
ensure that every boxer receives his purse; 4. Redefines the term promoter;
and 5. Creates the United States Boxing Administration and details its functions, including the much-needed enforcement of the existing federal law.
GAO REPORT ON PROFESSIONAL BOXING
Senior Assistant Attorney General Spizler reported that, during the 2003 Association of Boxing Commissions (ABC) Conference, a discussion was held regarding the United States General Accounting Office (GAO) July, 2003 Report entitled Professional Boxing: Issues Related to the Protection of Boxers Health Safety, and Economic Interests". Mr. Spizler stated that, as written in the GAO report, the GAO was asked by the United States Senate Committee on Commerce, Sciense and Transportation to: (1) identify fundamental elements considered important to protect professional boxers and enhance the integrity of the sport;
(2) assess the extent to which provisions of the Professional Boxing Safety Act of 1996, as amended (the act), cover these elements and determine whether selected state and tribal boxing commissions have documentation indicating compliance with the acts provisions; (3) determine whether selected states and tribes have provisions that cover additional elements; and (4) identify federal actions taken under the act. Mr. Spizler reported that the GAO report was met with a great deal of criticism by the ABC membership and by Pat English, a New Jersey-based attorney whose clients work in the professional boxing industry. Mr. Spizler
noted that Mr. English expressed a concern that the GAO report focused more
on determining if proper documentation was maintained by selected boxing commissions regarding certain safety requirements, rather than verifying if the respective requirements were actually met.
ULTIMATE FIGHTING CHAMPIONSHIP BOUTS
Senior Assistant Attorney General Spizler reported that, during the 2003 Association of Boxing Commissions (ABC) Conference, a presentation was
made by Lorenzo Fertitta, the owner of Ultimate Fighting Championship shows. Mr. Spizler opined that it was clear that the Ultimate Fighting contests have changed in description over the years in an effort to create fair, evenly-matched contests. Mr. Spizler explained that rather than competitors who are proficient in differing martial arts disciplines competing against each other, as was the general practice of those individuals who competed in Ultimate Fighting contests
when the concept originated, today competitors who are proficient in prescribed interdisciplinary forms of martial arts compete against each other. Mr. Spizler noted that these interdisciplinary martial arts forms include tae kwon do, karate, kickboxing, boxing, wrestling, judo and jiu-jitsu. Mr. Spizler reported that
Dr. Flip Homansky and Dr. Margaret Goodman of the Nevada State Athletic Commission opined that, because there are fewer incidents of head blows being exchanged between competitors, Ultimate Fighting Championship contests are safer in terms of neurological injuries than professional boxing bouts.
Both Assistant Attorney General Spizler and Executive Director Pannella noted
that the videotape of Ultimate Fighting Championship contests which was shown at the 2003 Association of Boxing Commissions (ABC) Conference featured contests in which contestants suffered significant and painful injuries to their extremities. Commissioner McCaffrey, Mr. Spizler and Mr. Pannella opined that
it was difficult to view the sport objectively based solely on this limited video footage.
The Commission elected not to consider the question of regulating Ultimate Fighting Championship contests at this time, but to first acquire additional information about these contests so that an informed decision can be made if,