The NCAA suffered a setback in its attempt to regulate college sports mascots this week. A district judge in North Dakota granted a preliminary injunction that will allow the University of North Dakota to host a Division II football playoff game later this month. Under current NCAA regulations, UND could not host a playoff game because of the university’s use of the “Fighting Sioux” mascot. A copy of the brief filed by UND is available here (in pdf format). In a nutshell, UND claims that the NCAA has no right to prohibit it from hosting a playoff game because:
- The policy was enacted by the NCAA Executive Council and not by the NCAA Convention in violation of the NCAA bylaws
- The NCAA’s appeals process is arbitrary and in violation of the Implied Covenant of Good Faith and Fair Dealing between the NCAA and its member institutions
- The NCAA policy eliminates UND’s bid to host a Division II playoff game no matter what the bid contains, which is a per se violation of antitrust law.
Meanwhile, here at Hostile and Abusive Ground Zero, Chief Illiniwek made what many think will be his last appearance at a University of Illinois football game. Stay tuned.