Does the HOT97 Smackfest break the Law?

he slapfest held at Hot 97 is in violation of New York law:First, section 8905-a(2) provides that "No combative sport shall beconducted, held or given within the state of New York, and no licenses maybe approved by the commision for such matches or exhibitions." Section8905-a(1) provides that "A 'combative sport' shall mean any professionalmatch or exhibition other than boxing, sparring, wrestling or martial artswherein the contestants deliver, or are not forbidden by the applicablerules thereof from delivering kicks, punches or blows of any kind to thebody of an opponent or opponents." Holding a contest where the winner getsmoney is probably a "professional match". Slapping is a blow of any kind tothe body an opponent because the face is part of one's body.Section 8905-a(3)(a) provides that "A person who knowingly advances orprofits from a combative sport activity shall be guilty of a class Amisdemeanor, and shall be guilty of a class E felony if he or she has beenconvicted in the previous five years of violating this subdivision."Subdivision (3)(b) provides that "A person advances a combative sportactivity when, acting other than as a spectator, he or she engages inconduct which materially aids any combative sport. Such conduct includesbut is not limited to conduct directed toward the creation, establishment orperformance of a combative sport, toward the acquisition or maintenance ofpremises, paraphernalia, equipment or apparatus therefor, toward thesolicitation or inducement of persons to attend or participate therein,toward the actual conduct of the performance thereof, toward the arrangementof any of its financial or promotional phases, or toward any other phase ofa combative sport. One advances a combative sport activity when, havingsubstantial proprietary or other authoritative control over premises beingused with his or her knowledge for purposes of a combative sport activity,he or she permits such to occur or continue or makes no effort to preventits occurrence or continuation."Hot97 is guilty of a misdemeanor because it engaged in conduct directedtoward the creation, establishment and performance of a combative sport,toward the solicitation or inducement of persons to participate therein,toward the actual conduct of the performance thereof, and toward thearrangement of its financial and promotional phases, and to other phases ofthe slap fest. Hot97 also had a substantial proprietary and authoritativecontrol over the premises being used and had knowledge of the slapfest andpermitted it to occur. Each personality of Hot 97 that participated in anyphase of the slapfest is also guilty of a misdemenaor. Even those that putthe slapfest on the Hot97 website may, arguably, be cited for engaging inconduct toward its promotinal phase or for inducing people to 'attend'.Section 8905-a(3)(d) provides that "Any person who knowingly advances orprofits form a combative sport activity shall also be subject to a civilpenalty not to exceed for the first violation $10,000 or twice the amont ofgain derived therefrom, whichever is greater, or for a subsequent violation$20,000 or twice the amount of gain derived therefrom whichever is greater."According to subdivision(3)(d), only "the attorney genreal is herebyempowered to commence judicial proceedings to recover such penalties and toobtain injucntive relief to enforce the provisions of this section." Thus,the key is to convince the New York Attorney General's office to bringcharges against Hot97 and its personnel. The use of public figures whocondemned the Tsunami Song ought to be instrumental in this endeavor.Also, in many jurisdictions the participants in the contests can sue Hot97for injuries, pain and suffering resulting from the illegal fight. Themajority rule is that even those who consent to a fight may sue the otherparticipant for injuries suffered. Liability likely extends to the fightpromoter as well.
Andre L. Smith - Assistant ProfessorFlorida Int'l Univ. - College of LawGreen Library, Suite 483
Miami, Florida 33199305.348.7198