Art, Entertainment & Sports Law › Civil Rights

Wrongful Termination Suit Filed in Rutgers Basketball Scandal

Former basketball assistant Eric Murdock has filed a wrongful termination suit against Rutgers University amid the fallout following the disclosure of head coach Mike Rice’s abusive behavior toward the players. ...more

March Madness Taking Hold Of Sixth Circuit

March gets the blood flowing for all of us basketball fans, and it appears the Sixth Circuit is no different. Last week, while many of you were game-casting or locating the "hide" button on your Web browser, the Sixth Circuit...more

Great Taste, Less Filling: Revisiting The NFL’s Rooney Rule

The Rooney Rule was established to promote the hiring of minorities among the NFL’s head coaches and general managers. But with numbers at their lowest since the Rule’s inception ten years ago, is the Rooney Rule working?...more

Closed Captioning Reminder: Starting March 30, 2013, Video Programming That Is or Was Aired Live or “Near Live” on TV Must Be...

The time is drawing near for the next phase of Federal Communications Commission (FCC) requirements implementing the 21st Century Communications and Video Accessibility Act (CVAA) for closed-captioning video programing...more

New OCR Guidance Lays Out School District Responsibilities To Serve Students With Disabilities In Athletics

On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

Public Accommodations With Pools And Spas Have January 31 ADA Deadline

All hotels, health clubs and other public accommodations must retrofit their existing pools and spas with either a pool lift or sloped entry ramp by January 31, 2013, in compliance with the Department of Justice's (DOJ's)...more

Three Point Shot - January 2013

In This Issue: - Take Me Out To the Ball Game, But Keep Me Away From the Flying Hotdogs - Full Court Press Gets Young Women the Right to Play AND Be Cheered - Will Dorsett be able to “Heisman” SER Media?...more

OCR Issues "Dear Colleague Letter" Addressing Equal Opportunities in Athletic Programs for Students With Disabilities

A "Dear Colleague Letter" just issued by the Department of Education Office of Civil Rights interpreting Section 504 of the Rehabilitation Act of 1973 clarifies that colleges and universities must provide disabled students...more

DOJ Releases Technical Assistance Regarding University's Settlement Of ADA Issues

On December 20, 2012, the Department of Justice (DOJ) announced that it entered into an agreement with Lesley University to ensure that students with celiac disease and other food allergies can fully and equally enjoy the...more

The Department Of Education Requires That School Sports Be Open To The Disabled

Over 40 years ago, Title IX mandated that schools balance the resources allocated to men’s and women’s educational programs including extracurricular sports. The sweeping overhaul dramatically improved the athletic...more

Illinois Basketball Star’s Lawsuit For Unequal Treatment In Residency Dispute Can Proceed

A federal judge allowed claims of unequal treatment by a high school basketball player to proceed against his school district. The claims arose out of the student’s move from the attendance area of one high school within the...more

Trademark Registration Application for THE SLANTS

THE SLANTS Trademark Registration Application, Office Actions and Responses, plus Notice of Appeal

Can THE SLANTS be registered as a trademark? In fact, there are many trademark registrations for the word SLANT. But what if the person who wants to register the mark is Asian? According to the PTO, then the mark may not...more

Magic Turkey Lawsuits

There is a lot to be thankful for in Los Angeles this Thanksgiving. As I’m sure we can all agree, near the top of the list is the Lakers’ recent acquisition of superstars Dwight Howard and Steve Nash, as well as team USA...more

Town of Mount Pleasant v. Robert Chimento, et. al. [Poker / Gambling]

South Carolina Supreme Court Opinion No. 27197 - Filed November 21, 2012

Mt. Pleasant v. Chimento Factual and Legal Summary: Nathan Stallings leased a home in Mt. Pleasant where he lived with his fiancee and a roommate. He used an internet networking site to meet other poker players, and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

Table of Contents: - Claybrook v. American Broadcasting Company: District court dismisses putative class action alleging racial discrimination in casting of shows The Bachelor and The Bachelorette, holding that...more

No Blacks on ‘The Bachelor/ette’: Suit against ABC Dismissed

Know why you’ve never seen a black “Bachelor” or “Bachelorette” on the hit reality series of the same names? Because American audiences can’t handle mixed-race couples, and the TV network that owns the show racially...more

Governor Brown Signs Several Bills That Impact Employers

Governor Jerry Brown recently signed bills enacting several new employment statutes. Below are brief explanations of these new laws that affect employers in California. It should be noted that the Governor vetoed AB 1450,...more

Competitive cheerleading? Not a sport.

Under Title IX of the Education Amendments of 1972, colleges receiving federal funding must afford equal participation opportunities in varsity sports to male and female athletes. One way schools demonstrate their compliance...more

Three Dwight Circus

Litigation Value: Andy’s vocal hatred for Nelly = fodder for her brewing constructive discharge and breach of contract case; New versus Old Dwight dynamic = possible future age discrimination issues; watching Old Dwight’s...more

CHURCHILL DOWNS INCORPORATED; CHURCHILL DOWNS TECHNOLOGY INITIATIVES COMPANY, doing business as TWINSPIRES.COM, versus CHUCK TROUT, in his official capacity as Executive Director of the Texas Racing C

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (re Dormant Commerce Clause et. al.)

Churchill Downs Inc. challenging Texas law that would ban TwinSpires.com: ----------------------------------------------------------------------------------------------------------- In a bold move to keep online wagers on...more

Three Point Shot - September 2012

In This Issue: - In Tennis Channel Carriage Dispute with Comcast, Ball is Now in Appeals Court - Crimson Tide Infringement Claims Turned Back by Artist's Fair Use Defense - Citius, Altius, Litigious: USOC,...more

Competitive Cheerleading Not a “Sport” For Title IX Purposes

A federal appeals court has held that competitive cheerleading cannot be counted as a sport for Title IX purposes. Although the decision came in a lawsuit filed by a university coach and students, it has implications for...more

Second Circuit Says Cheerleading Isn’t a Sport

The Second Circuit Court of Appeals has ruled that competitive cheerleading isn’t a sport. In doing so, the federal court of appeals upheld a 2010 lower court decision, Biediger v. Quinnipiac Univ., where a women’s volleyball...more

Biediger, et al., v. Quinnipiac University

Federal Appeals Court Upholds Ruling in Quinnipiac Title IX Case (Decision)

The U.S. Court of Appeals for the Second Circuit affirmed today that Quinnipiac University failed to provide equal athletic opportunities for women, agreeing point by point with a 2010 ruling by U.S. District Court Judge...more