Update from "Hostile and Abusive" Central

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:

  1. The policy was enacted by the NCAA Executive Council and not by the NCAA Convention in violation of the NCAA bylaws
  2. 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
  3. 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.

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Author: Brad Humphreys

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