Wrestler Takes Official to Court Over Judgment Call

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From the New York Law Journal

ALBANY, NY

Fifteen years after then-Chief Judge Sol Wachtler bemoaned the "greed, commercialism, and zealotry that threatens to vulgarize sports," judges are still being called on to referee athletic disputes -- as evidenced by a case last week in Albany. In Frank C. Rodriguez v. New York State Athletic Association, Trial Court Justice Thomas J. Spargo declined to enter the fray.

"To establish a precedent of reviewing and potentially reversing a referee's judgment call for the distant ivory tower of a judge's chambers would cause unending confusion in the interscholastic athletic system," the judge wrote.

The dispute centers on a championship wrestling match in Albany. On March 5, Frank C. Rodriguez and Paul Florio were competing for the state title in the 135-pound division. At the end of the match, Rodriguez, then in 12th grade, was ahead by a score of 7-6. In celebration, he threw his headgear into the air before the official handshake signaled the end of the match.

After declaring Rodriguez the championship and having the combatants shake hands, the referee learned from the assistant referee that the headgear had been thrown and that the athlete had to punished for unsportsmanlike conduct. The referee assessed Rodriguez the two-point penalty and declared Florio the victor.

Mr. Rodriguez appealed to the protest committee, but to no avail, and filed a petition with the court. Justice Spargo, however, refused to second-guess the referee. He observed that the rules on unsportsmanlike conduct prohibit the throwing of equipment, making no distinction between acts of jubilation, as was the case here, and acts of insolence or disrespect. Accordingly, the court found the protest committee acted rationally.

Rodriguez and the North Rockland School District then asked the judge to declare both men champions. Again the judge refused. "Strangely, petitioners ask the court to declare that both athletes are champions. To do so would be an abuse of judicial discretion. This court could no more declare Rodriguez and Florio co-champions than it could declare any other defeated finalist co-champion." Rodriguez's attorney said it is unclear if there will be an appeal.

New York law does recognize a right to challenge the decisions of a governing body in an athletic setting," Rodriguez's attorney said. "Unfortunately for us in this case the judge didn't agree there was enough to set aside the judgment call that was made."

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OK..thoughts? I know this is wrestling, but if any of us were in either of the Rs' shoes here, what would you do?