The Fight for Federal Intervention: Why Professional Boxing Needs Uniform Regulation By Raul Muniz A Thesis Submitted to the Faculty of The Wilkes Honors College in Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts in Liberal Arts and Sciences with a Concentration in Political Science Wilkes Honors College of Florida Atlantic University of Jupiter, Florida August 2018 The Fight for Federal Intervention: Why Professional Boxing Needs Uniform Regulation By Raul Muniz This thesis was prepared under the direction of the candidate’s thesis advisor, Dr. Mark Tunick, and has been approved by the members of his supervisory committee. It was submitted to the faculty of The Honors College and was accepted in partial fulfillment of the requirements for the degree of Bachelor of Arts in Liberal Arts and Sciences. SUPERVISORY COMMITTEE: ______________________________ Dr. Mark Tunick ______________________________ Dr. Timothy Steigenga Dr. Ellen Goldey, Dean, Honors College ______________ Date i To all of the fighters who put their lives on the line for the sport we love. ii ABSTRACT Author: Raul Muniz Title: The Fight for Federal Intervention: Why Professional Boxing Needs Uniform Regulation Institution: Harriet L. Wilkes Honors College of Florida Atlantic University Thesis Advisor: Dr. Mark Tunick Degree: Bachelor of Arts in Liberal Arts and Sciences Concentration: Political Science Year: 2018 While professional boxing is subject to some federal regulation, there is still a call for greater uniformity throughout the states. For example, the variation of state procedures for performance-enhancing drug and post-fight neurological testing present a serious threat to an athlete’s health that can lead to physical impairments or even death. I argue professional boxing regulation should be completely uniform, left to the federal government rather than individual states. I review the regulatory system in professional boxing and show how the lack of uniformity leads to undesirable health, safety, and business practices. Founded on a critical analysis of federalism, the argument is based on a general consideration of when public policy in the United States should be uniform and when it should be left for states to decide. iii TABLE OF CONTENTS CHAPTER ONE: Introduction……………………………………………………………….....1 CHAPTER TWO: Current Rules and Regulations in Professional Boxing…………………….9 CHAPTER THREE: The Role of Federalism in the United States…………………………….23 CHAPTER FOUR: Proposed Solution………………………………………………………….38 iv Chapter One: Introduction A chaplain escorted Daniel Franco’s family into the chapel room while their son laid unconscious in a nearby hospital bed. He explained how Daniel had a small chance of surviving let alone fully recovering from the brain injury. Daniel’s life revolved around boxing. He dedicated himself to his craft with the grand ambition of becoming a world champion. His fate now remained unknown while the doctors worked to relieve the pressure on his swelling brain.1 Daniel, a promising professional boxer, was on his way to a successful boxing career. A notable boxing promoter signed him to a contract deal, and he attained an undefeated record.2 On March 23, 2017, Daniel suffered his first loss via knockout in Los Angeles, California against Christopher Martin.3 The state of California requires boxers to undergo an MRI and CT scan when first applying for their boxing license as a baseline assessment.4 Despite the California State Athletic Commission retaining “the right to request another MRI if it believes that the applicant's health and safety could be jeopardized,” the state of California does not require any additional testing if a fighter suffers a knockout or engages in a grueling competition. 5 Daniel believes the brain injury started after his first loss against Martin in California. While California suspended Daniel for a mandatory 60-days following the bout, he was back in the gym three to 1 Rafael, Dan, "Featherweight Daniel Franco: 'I'm Lucky to Be Talking to You Right Now'." ESPN Internet Ventures. November 17, 2017. http://www.espn.com/boxing/story/_/id/21445874/featherweight- daniel-franco-lucky-talking-right-now. 2 Pugmire, Lance, "He was an unbeaten boxer bankrolled by Jay-Z. After an injury sent him into a coma, his new mission is helping fighters." Los Angeles Times. December 02, 2017. http://www.latimes.com/sports/boxing/la-sp-daniel-franco-20171202-story.html 3 Rafael, “Featherweight Daniel Franco: 'I'm Lucky to Be Talking to You Right Now'." 4 California State Athletic Commission. "Frequently Asked Questions." California State Athletic Commission - Frequently Asked Questions About the California State Athletic Commission. September 11, 2014. http://www.dca.ca.gov/csac/forms_pubs/publications/faqs.shtml. 5 Ibid. 1 four weeks later sparring and preparing for a match in Mexico at the request of his promoter.6 He was able to obtain another match since Mexico would not enforce the 60-day suspension authorized by the California Boxing Commission. Daniel easily defeated his opponent and landed a fight on a CBS Sports Network-televised main event.7 On June 10, 2017, Daniel faced off against Jose Haro in the state of Iowa. After intense action in the fight, he suffered a loss via an eighth-round knockout. He suffered a seizure moments after the fight; the paramedics rushed him to the hospital for further examination. Daniel underwent surgery to treat a brain bleed, but a coma left him unresponsive. The doctors eventually had to remove a portion of his skull for the brain to heal and reduce its swelling.8 Daniel survived the aftermath of the nearly fatal event. He is now able to tell his story. In addition to the physical hardship, Daniel and his family need to confront the financial burden acquired from the medical bills amounting to $200,000.9 The promoter’s insurance, mandated by the state of Iowa, only covered $10,000 of the total cost.10 Rightfully so, Daniel would like to see federal and uniform regulation established in professional boxing to prevent life-changing injuries and deaths from occurring in the sport. He also wishes to start a foundation to help financially support professional boxers who have suffered life-altering injuries.11 6 Pugmire, "He was an unbeaten boxer bankrolled by Jay-Z. After an injury sent him into a coma, his new mission is helping fighters." 7 Ibid. 8 Rafael, "Featherweight Daniel Franco: 'I'm Lucky to Be Talking to You Right Now'." 9 Pugmire, “He was an unbeaten boxer bankrolled by Jay-Z. After an injury sent him into a coma, his new mission is helping fighters." 10 "Iowa Athletic Commission Promoter's Responsibilities Manual." Iowa Athletic Commission. https://www.iowadivisionoflabor.gov/sites/authoring.iowadivisionoflabor.gov/files/Ath.prom_.man__0.p df. 11 Pugmire, "He was an unbeaten boxer bankrolled by Jay-Z. After an injury sent him into a coma, his new mission is helping fighters." 2 A computed tomography (CT) scan after his first knockout loss could have detected any onset of a possible injury, which could have prevented a life-altering incident. Daniel Franco was not required to undergo any form of a post-fight examination. In the National Football League, teams are required to follow a Concussion Protocol; it requires injured players to undergo immediate examination for a concussion assessment, and all players who undergo concussion evaluations are required to have a follow-up examination the following day.12 It is not my objective to place blame on any individual boxing commission. Neither do I aim to place fault on the person who chooses boxing as a profession when the potential risks in the sport are obvious. I do not want to blame an individual promoter for pressuring fighters to frequently fight even when it is against the best health interest of their fighter. Although blame may be due from time to time, my objective is to evaluate whether or not current regulations in professional boxing, when mostly left up to individual states, are successful in protecting the financial and health interests of professional boxers. One fact is clear. We cannot fully control what will happen when two trained athletes face off and trade punches to the head. However, I believe the federal government, in particular, can effectively regulate the sport and ensure the best outcome for professional boxers. The stories of boxers becoming injured or taken advantage of financially are numerous. I argue uniform boxing regulation is the most effective means to substantially promote fair business practices within the sport. Most importantly, uniform regulation will protect the health and safety interests of professional boxers. Professional boxers put their lives on the line every time they step into the boxing ring to compete. I argue that just like any profession, boxing should have safety standards to ensure the well-being of participants. Based on research and the 12 France-Presse, Agence, "N.F.L. Changes Concussion Protocol." The New York Times. https://www.nytimes.com/2017/12/24/sports/football/nfl-concussion-protocol.html. December 24, 2017. 3 analysis of professional boxing and federalism, the best solution is the creation of a federal boxing commission. This work is not meant to debate the legitimacy of a professional boxing career. Once again, any boxing spectator, a lifelong fan, or casual viewer realizes professional boxing can be a dangerous sport for the participant. Boxing is not going to fade away; it is a multi-million dollar business bringing a considerable amount of revenue to the United States. 13 Furthermore, boxing provides a way out of poverty for thousands of young men and women. Boxing is historically a sport that is prevalent in lower socioeconomic communities.14 A lot of men and women have no other choice but to fight for a living. Although it might be worthwhile to consider why one must professionally fight to secure a decent living in the United States or if professional boxing should be legal, I do not seek to answer such inquiries.