New rules regarding professional wrestling, set forth by the New York State Athletic Commission, contain some verbiage that is a blatant 1st Amendment violation.
As reported at: http://pwinsider.com/article/105022/new-york-state-athletic-commission-changes-guidelines-for-pro-wrestling-for-2017-may-have-ripple-effect-on-smaller-promotions-exclusive-news-on-new-rules-imposed-by-commission-already.html?p=1
- "In no event shall a participant be permitted to threaten, molest, hit or abuse, physically or verbally, any spectator, or engage in any conduct endangering the health, safety, or well being of any spectator during the course of a professional wrestling exhibition."
The use of the word "verbally" can cast a very wide net, and would prevent anyone from interacting with the crowd whatsoever. In fact, and over zealous interpretation could allow a fan to sue over an innocent high-five.
Thank you for your assistance, and I hope someone will be able to partner with us to see this through.
This seems to be an issue that the wrestling company, promoter, union or other organization should handle as opposed to an individual. No matter how clear you think your case based upon the first amendment, the type of lawsuit required could cost a lot of money. Thus, the case is better suited for the corporation, promoters, etc. as opposed to an individual person.
The wrestlers must abide by a code of conduct as part of their job that is set for them by the state that licenses such activity. The language at issue only forbids certain conduct; shaking hands and polite conversation are not proscribed. If a high-five is not consensual, it would be a battery. If it is consensual, it would not fit any of the prohibited acts and would certainly not be verbal and affect speech.
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