Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

As the Penn State scandal moves along, there are smaller-scale (but perhaps equally significant) incidents coming to light involving sports figures and coaches.

It is being reported that an underage sex sting operation in Florida resulted in approximately 40 arrests, including a swim teacher and former PGA Tour Professional Steve Thomas. Thomas was charged with seducing an underage girl, and using a computer to entice a legal guardian or parent to commit sexual acts on an underage girl.  Apparently, Thomas was caught in an operation set up similar to NBC's "To Catch a Predator," where he attempted to meet with a girl he thought was 13. The swimming coach arrested is Bryan Woodward of the Gator Swim Club. Mr. Woodward coached children of various ages since he was hired in 2010.

Also, a former NFL lineman committed suicide this week, as he was about to enter a plea in Oregon to five counts of sexual abuse and one count of luring a minor. According to the District Attorney, the charges involved three victims, all under the age of 14. 

This kind of conduct is not new, but high profile cases such as Penn State will lead to reporting of additional abusive situations. Locally, a Catholic High School coach was recently arrested for videotaping boys in the shower room. Although there was no evidence of any sexual contact, Immaculata High School's Pat Lott was arrested on multiple counts of endangering the welfare of children. A search of Lott's computer allegedly revealed multiple photographs of underage boys in the shower, and a hidden camera was later found in the shower area. 

 

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 Sports in the Courts Blog was featured on Cocky Law Blawg..... check it out

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Last month, we wrote that the NY Court of Appeals found no liability against a golfer who fails to yell “fore” after hitting an errant ball. This week, a lawsuit filed in South Carolina claims that a golf course negligently failed to warn the plaintiff as to the presence of large, wild and aggressive alligators (as opposed to the gentlemanly kind). In October of 2009, James Wiencik was playing golf with his son, and hit his ball near a deep pond. While reaching for the ball, a large, ten foot alligator sprung from the water, biting Wiencik's arm and pulling him into the water. Wiencik struggled with the alligator, and his right arm was tragically torn off. As per the Complaint (a copy of which can be seen here, courtesy of Courthouse News, "[t]he alligator swam away, having eaten plaintiff's arm."

Perhaps this story will help discourage those golfers who insist on spending 10 minutes looking for a $2 golf ball.

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In a landmark decision affecting the game of Golf, the NY Court of Appeals (the highest court in the state) decided that there is no liability against a golfer who doesn’t yell “fore” after hitting a bad shot.

According to the lawsuit, two men, Dr. Anoop Kapoor and Dr. Azad Anand were playing golf on a course on Long Island, New York. At some point, Dr. Anand went to look for his ball when he was struck by a shanked shot from Kapoor. The injury was so severe that Dr. Anand, a neuroradiologist, was blinded in one eye and claimed he could no longer work. In his action, Anand claimed that he did not receive the customary “fore” warning from Kapoor after he “shanked one.”

The NY high court found that a “shanked” shot was a commonly appreciated risk of golf and that a golfer consents to certain risks when he chooses to play. However, the court also determined that a golfer will not assume the risk of intentional conduct (like being purposely struck on the head with driver after someone tees off badly).

As a practicing lawyer and horrid golfer, I take two important things from this decision. First, if you shank one (which I do all the time), don’t say anything and just quietly try to hit another one, and second, without the rule to yell “fore” golf just got a lot scarier. 

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The LPGA just voted to remove a requirement in its bylaws that members must be born female.  A 57 year old transgender female, Lana Lawless, recently filed a lawsuit in California against the LPGA , contending that this requirement violated California law.  The LPGA claims that the lawsuit merely forced the LPGA to look at the issue now.  The vote was reportedly overwhelmingly in favor of removing the requirement

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The LPGA is reconsidering a rule requiring that all participants be born female, apparently in response to a lawsuit filed in the Northern District of California by a transgender golfer. Lana Lawless, 57, underwent gender reassignment surgery in 2005 and has now sued the LPGA for refusing her membership.

The Complaint alleges that Ms. Lawless “has felt like a female since birth and has had gender reassignment surgery to harmonize her anatomy with her feelings.” She claims that the LPGA’s policy violates California’s “Unruh Civil Rights Act,” and also pleads unfair competition and interference with her economic prospects. Ms. Lawless has also sued a long driving competition that changed its rule to comport with that of the LPGA, after Ms. Lawless won a long drive competition. Some tournament sponsors are also named, including CVS and Dick’s Sporting Goods.

The Unruh Civil Rights Act protects individuals against – among other things – gender and sexual orientation-based discrimination in all business establishments. Lawless’s argument is that California already recognizes her as a woman, and therefore she is entitled to membership in the LPGA.

Michelle Wie’s average driving distance notwithstanding, the holes in LPGA tournaments are played shorter than the PGA, and it would obviously be unfair if men were permitted to complete in the LPGA. Lawless, however, claims that she is taking drugs to retard the production of testosterone, and consequently, she has lost muscle mass. The problem is, if transgender females are permitted to play, it will have to be across the board, regardless of body type.

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ESPN commentator Jay Mariotti pulled a Tito Ortiz this weekend and was arrested for domestic violence.  The incident happened late Friday night into early Saturday morning.  According to sources, Mariotti's altercation with his girlfriend went "Around the Horn".  Initially, Mariotti and his girlfriend were arguing at a club in Santa Monica.  It then spilled over into Mariotti's Venice apartment, where police were called at approximately 4:30 a.m..  Cincinnati Bengals wide receiver Chad OchoCinco broke the news via Twitter.  

Mariotti was released on a $50,000 bail.  It will be interesting to see how ESPN handles this incident with Mariotti.  Check back for updates.  

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According to Radaroline.com, Tiger Woods and his wife, Elin, are close to beginning the process of ending their ill-fated marriage by filling divorce papers in a Florida Court. Rumors are that Elin will receive a settlement that will pay her $750,000.00 and the children will live with their mother (although Tiger will have joint custody rights).

No matter how rich a person may be, a $750 million settlement in a divorce settlement is shocking, especially when Tiger’s soon to be ex-wife is a former model and certainly can work.

But that might be the problem, Tiger doesn’t want her working. There can be no doubt the Elin Woods could make her own fortune by writing a “tell-all book.” She could then hit Oprah and the other talk shows and really rake in the cash. There are rumors that a condition of the $750 million payout hinges on Elin’s agreement to be silent (or a confidentially clause). Elin’s silence would go a long way of putting Tiger’s “affairs” behind him and allowing him to remarket himself with sponsors (old and new). If there is no tell-all book, then “Team Tiger” can manage the press for this point forward. If Elin writes a book, the questions to Tiger will be endless, especially if she adds more scandal to the story.

In the end, while $750 million may be steep, if Tiger can buy his wife’s silence, then it’s a hole in one. 

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Today, Dr. Anthony Galea, who has treated major athletes such as Tiger Woods and Alex Rodriguez, was charged with unlawfully treating athletes with illegal drugs including Human Growth Hormone (“HGH”). Dr. Galea, a Canadian citizen, was charged in Federal Court in Buffalo, NY.

The documents filed with the court allege that Galea illegally gave 2 HGH kits to at least one NFL player. The Feds also may have other NFL players that are witnesses to Galea’s alleged HGH distribution. Galea has not entered a plea to these charges as of yet.

We now know that the Feds believe they can connect Galea to HGH use in the NFL. If true, this another blow to the NFL and its apparent lack of enforcement to restrict HGH. The NFL already was rocked when Defensive Rookie of the Year, Brian Cushing, tested posted positive for steroids. This news of HGH allegations in the NFL doesn’t help at all.

The case may shed light on the “pass” the NFL has received on steroid and HGH use by its players while baseball has gotten the majority of the scrutiny. We also will be watching to see if Dr. Galea can be “flipped” to give up other star athletes that may have also received illegal drugs.

We will update once Galea’s lawyers begin to comment on the charges.
 

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