NCAA's arguments in favor of amateurism grow more and more ridiculous, says DanWolken Column:
To be perfectly clear, Johnson vs. NCAA – a case that asserts Division 1 athletes are employees and entitled to wages under the Fair Labor Standards Act – has not been decided. A hearing last week at the U.S. Court of Appeals for the Third Circuit centered only on whether the case will move forward or whether it gets dismissed, which is of course what the NCAA would prefer.
When the legal assault on amateurism began more than a dozen years ago with Ed O’Bannon filing a lawsuit that alleged antitrust violations over the use of his name, image and likeness, judges seemed willing to show at least some deference to the NCAA as a complex and unique American institution that does not fit into a well-defined box.
It’s time for the NCAA, conference commissioners, athletics directors and everyone else with a stake in the enterprise to get serious and read the room. Stop with the excuses and figure it out. Three or four decades ago, it may have seemed reasonable that the differences between big-time football and basketball schools and everyone else weren’t so big that they needed to be governed by an entirely different system.
That may require something dramatic, like universities agreeing to remove their non-revenue sports from the athletic department and making them something more akin to club sports where scholarships would be given out based on financial need and academic merit rather than pure athletic ability.
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