November 15, 2006
The Fighting Sioux At UND Fight On
It looks like the University of North Dakota has won a round in its fight with the NCAA over the use of its logo and nickname:
GRAND FORKS, N.D. -- A district judge has granted a preliminary injunction to stop the NCAA from banning the University of North Dakota from hosting a postseason game because of its "Fighting Sioux" nickname, state Attorney General Wayne Stenehjem said.
Stenehjem said judge Lawrence Jahnke alerted him to the decision Saturday night. Stenehjem did not know the details.
UND is among a handful of schools with American Indian nicknames and logos that the NCAA considers hostile and abusive. Those schools are barred from holding postseason tournaments, or from using their nicknames during road playoff games.
Thanks to Brad Humphreys at The Sports Economist for the pointer. He read the decision, and reports that it rested on three critical points:
1. The policy was enacted by the NCAA Executive Council and not by the NCAA Convention in violation of the NCAA bylaws
2. The NCAA's appeals process is arbitrary and in violation of the Implied Covenant of Good Faith and Fair Dealing between the NCAA and its member institutions
3. The NCAA policy eliminates UND's bid to host a Division II playoff game no matter what the bid contains, which is a per se violation of antitrust law.
This fight isn't over by a longshot. Stay tuned.
UPDATE: Skip Oliva has some thoughts on the legal side of the equation. And more from Jesse Spector at the New York Daily News. Check out the Acid Queen's take too.
Trackback Pings
TrackBack URL for this entry:
http://www.ericmcerlain.com/mt/mt-tb.cgi/6742
Post a comment
Thanks for signing in,
.
(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)
02:38 AM