J
JDenz
Guest
Recent conversations with other branches of the New York State government raise the question of whether New York State law has been changed or whether the New York State Athletic Commission (NYSAC) has simply changed its interpretation of the existing law. Of course, none of this changes the fact that perfectly legitimate events which have been going on in New York for years are now being closed down and declared illegal by the NYSAC.
The law is available online at:
http://assembly.state.ny.us/leg/?ul=11
The simplest explanation of what is going on centers on Section 5A. This section states that the ONLY legal 'martial arts' competition will be ones sanctioned by organizations on the NYSAC 'approved list'. Refer to the law for a list of those 12 organizations.
Hugo Spindola, General Counsel for the New York State Athletic Commission stated in an email to Eddie Goldman
'Although I do not have any personal knowledge as to the specific organizers who have had their shows 'closed down', I will note that their events were probably not sanctioned by any of the above listed governing bodies. As such, they would then fall into the 'combative sports' definition.'
The same information was confirmed in a telephone conversation between David Ross, a San Shou promoter, and Mr. Spindola, i.e. that ONLY these 12 organizations can legally run ANY event in NY State.
Furthermore, Mr. Spindola also informed Mr. Ross that the commission has not established any process by which other organizations can be added. Specifically, Mr. Spindola claimed that NYSAC did not have the power to add any organization to the list.
Many have questioned Mr. Spindola's position on this issue, especially in light of a section of said law (Section 5-A) which reads;
- 'The commission is authorized to promulgate regulations which would establish a process to allow for the inclusion or removal of martial arts organizations from the above list. Such process shall include but not be limited to consideration of the following factors:
(a) is the organization`s primary purpose to provide instruction in self defense techniques;
(b) does the organization require the use of hand, feet and groin protection during any competition or bout; and
(c) does the organization have an established set of rules that require the immediate termination of any competition or bout when any participant has received severe punishment or is in danger of suffering serious physical injury.' -
The Department of State of New York apparently also has a different interpretation of the issues at hand. Representatives of US Wushu Union, one of the major Chinese martial arts bodies in the US, contacted Joshua Toas, the Assistant Secretary of State of New York. Toas stated that his interpretation of the law was that 'professional martial arts bouts' were in which either the participant is specifically paid to compete or in which prize money was awarded. These were definitely under the jurisdiction of the Athletic Commission. However, he also stated that theoretically, amateurs should NOT fall under this set of laws BUT he admitted that this point needed to be clarified.
Toas gave the US Wushu Union contact info for Hugo Spindola. Toas is under the impression the NYSAC should simply add the US Wushu Union onto the list of the 12 sanctioned organizations. Thus, according to the Department of State, the NYSAC DOES indeed have authority to add to the list, as the law indicates.
So what exactly is going on here?
We urge all responsible citizens to voice your opposition to this ridiculous list and the fact the commission will not add any other organizations to the list. You can do any or ALL of the following..
Call and write the commission, including sending emails.
New York State Athletic Commission
123 William Street
20th floor
NY NY 10038
(212) 417-5700
fax (212) 417-4987
Email: [email protected]
Sign an online petition in support of San Shou kickboxing
Online PETITION
Please be professional and factual when contacting NYSAC.
Thank you!
The law is available online at:
http://assembly.state.ny.us/leg/?ul=11
The simplest explanation of what is going on centers on Section 5A. This section states that the ONLY legal 'martial arts' competition will be ones sanctioned by organizations on the NYSAC 'approved list'. Refer to the law for a list of those 12 organizations.
Hugo Spindola, General Counsel for the New York State Athletic Commission stated in an email to Eddie Goldman
'Although I do not have any personal knowledge as to the specific organizers who have had their shows 'closed down', I will note that their events were probably not sanctioned by any of the above listed governing bodies. As such, they would then fall into the 'combative sports' definition.'
The same information was confirmed in a telephone conversation between David Ross, a San Shou promoter, and Mr. Spindola, i.e. that ONLY these 12 organizations can legally run ANY event in NY State.
Furthermore, Mr. Spindola also informed Mr. Ross that the commission has not established any process by which other organizations can be added. Specifically, Mr. Spindola claimed that NYSAC did not have the power to add any organization to the list.
Many have questioned Mr. Spindola's position on this issue, especially in light of a section of said law (Section 5-A) which reads;
- 'The commission is authorized to promulgate regulations which would establish a process to allow for the inclusion or removal of martial arts organizations from the above list. Such process shall include but not be limited to consideration of the following factors:
(a) is the organization`s primary purpose to provide instruction in self defense techniques;
(b) does the organization require the use of hand, feet and groin protection during any competition or bout; and
(c) does the organization have an established set of rules that require the immediate termination of any competition or bout when any participant has received severe punishment or is in danger of suffering serious physical injury.' -
The Department of State of New York apparently also has a different interpretation of the issues at hand. Representatives of US Wushu Union, one of the major Chinese martial arts bodies in the US, contacted Joshua Toas, the Assistant Secretary of State of New York. Toas stated that his interpretation of the law was that 'professional martial arts bouts' were in which either the participant is specifically paid to compete or in which prize money was awarded. These were definitely under the jurisdiction of the Athletic Commission. However, he also stated that theoretically, amateurs should NOT fall under this set of laws BUT he admitted that this point needed to be clarified.
Toas gave the US Wushu Union contact info for Hugo Spindola. Toas is under the impression the NYSAC should simply add the US Wushu Union onto the list of the 12 sanctioned organizations. Thus, according to the Department of State, the NYSAC DOES indeed have authority to add to the list, as the law indicates.
So what exactly is going on here?
We urge all responsible citizens to voice your opposition to this ridiculous list and the fact the commission will not add any other organizations to the list. You can do any or ALL of the following..
Call and write the commission, including sending emails.
New York State Athletic Commission
123 William Street
20th floor
NY NY 10038
(212) 417-5700
fax (212) 417-4987
Email: [email protected]
Sign an online petition in support of San Shou kickboxing
Online PETITION
Please be professional and factual when contacting NYSAC.
Thank you!
