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- Title
Jeremy Bloom and the NCAA Amateurism Rules.
- Authors
Sharp, Linda A.
- Abstract
This article explores the case Jeremy Blooms versus the National Collegiate Athletic Association (NCAA). In 2002, Bloom became the World Cup champion in freestyle moguls skiing and competed in that event during the 2002 Winter Olympics. Based on his skill in this sport, he acquired endorsement contracts for equipment, goggles, and apparel. Endorsements are a standard form of compensation for a professional skier, and this support enabled Bloom to continue his skiing career. Additionally, Bloom signed a modeling contract with a clothing company and was offered some media appearance opportunities. Bloom is also a talented football player who joined the University of Colorado (CU) in 2002, hoping to participate as a wide receiver and punt returner. On Bloom's behalf, CU petitioned the NCAA to waive its Bylaw 12.5.2.1 prohibiting a student-athlete from receiving money for advertisements and endorsements. The NCAA refused to grant the waiver, and Bloom discontinued his endorsement, modeling, and media activities in order to play college football that season. Although Bloom complied with the NCAA bylaw, he brought an action against the NCAA seeking both declaratory and injunctive relief. Bloom's argument was threefold: first, he was a third-party beneficiary of the contract between the NCAA and its members, permitting him to receive compensation in a professional sport different from his amateur sport; second, the restrictions of the NCAA on endorsement and media appearances were arbitrary and capricious as applied to his case; and last, the restrictions were improper restraints of trade. The state trial court joined CU as an indispensable party, and CU aligned with the NCAA as an involuntary defendant. The trial court held that Bloom was not entitled to preliminary injunctive relief primarily on the basis that the plaintiff did not have a reasonable probability of success on the merits.
- Subjects
BLOOMS, Jeremy; SKIERS; SPORTS; PROFESSIONAL sports; BY-laws; ACTIONS &; defenses (Law)
- Publication
Sport Marketing Quarterly, 2004, Vol 13, Issue 4, p236
- ISSN
1061-6934
- Publication type
Article