California new law (almost): Pay Them

[Jim3k]

California has almost passed a law providing that student athletes attending California schools can receive endorsement money for their athletic endeavors. Different versions of the same law have passed both houses and only need to be reconciled. After that, the bill will go to the governor for his signature. Gov. Newsom has already signaled he will sign the bill.

https://www.nytimes.com/2019/09/09/s...alifornia.html

The article notes that several other states have already been looking into similar statutes.

The NCAA and its California member schools have already voiced their opposition. But the cat is out of the bag now and the terrain has been severely changed by this statute. I foresee a large amount of litigation which the NCAA cannot possibly win. I perceive that there will be a lot of lawyers rubbing their hands together to get a piece of this action.

Given the high level of College tuition these days, it seems only right that the lawyers should do well here. (Yeah, I'm a lawyer though retired. So sue me.)

[dukelifer]

California has almost passed a law providing that student athletes attending California schools can receive endorsement money for their athletic endeavors. Different versions of the same law have passed both houses and only need to be reconciled. After that, the bill will go to the governor for his signature. Gov. Newsom has already signaled he will sign the bill.

https://www.nytimes.com/2019/09/09/s...alifornia.html

The article notes that several other states have already been looking into similar statutes.

The NCAA and its California member schools have already voiced their opposition. But the cat is out of the bag now and the terrain has been severely changed by this statute. I foresee a large amount of litigation which the NCAA cannot possibly win. I perceive that there will be a lot of lawyers rubbing their hands together to get a piece of this action.

Given the high level of College tuition these days, it seems only right that the lawyers should do well here. (Yeah, I'm a lawyer though retired. So sue me.)

Universities do not inhibit what their star academic students can make- in fact, they encourage entrepreneurship in every way. There is supposedly a “fair” system in place that allows every school to be competitive for championships based on simply the lure of the scholarship to get an education- but in the end, only a few schools are in the hunt in football and basketball every year. Ironically, California schools seem to be on the outside looking in. Athletes should share in the enormous profits they are making for the NCAA and schools. At a minimum- they should be able to make what they can from the market. Their marketability is very short lived given the high risk of injury.

[burnspbesq]

If you ask the wrong question, you’re unlikely to get the right answer.

“Why shouldn’t D1 schools allow athletes to earn money (or pay them)” is the wrong question.

The correct question is” why should universities be subsidizing the NFL and NBA, to the tune of hundreds of millions of dollars a year, by running their player-development systems without compensation?”

[cato]

If you ask the wrong question, you’re unlikely to get the right answer.

“Why shouldn’t D1 schools allow athletes to earn money (or pay them)” is the wrong question.

The correct question is” why should universities be subsidizing the NFL and NBA, to the tune of hundreds of millions of dollars a year, by running their player-development systems without compensation?”

You misplaced the question mark in your question. It should have ended after “player-development systems.”

[UrinalCake]

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[HereBeforeCoachK]

...beware Pandora, what you remove from the box....

[Indoor66]

...beware Pandora, what you remove from the box...

Bingo. Watch for unintended consequences of this shortsighted legislation.

[uh_no]

Bingo. Watch for unintended consequences of this shortsighted legislation.

will be sad not to see any california teams in the big dance.

[SlapTheFloor]

Bingo. Watch for unintended consequences of this shortsighted legislation.

I think the intended consequences outweigh any unintended ones. Do you disagree that this is a more fair system for the student-athletes? Shouldn't that matter more than the NCAA tournament or a bowl game?

[cato]

I think the intended consequences outweigh any unintended ones. Do you disagree that this is a more fair system for the student-athletes? Shouldn't that matter more than the NCAA tournament or a bowl game?

I agree. Preserving a particular tournament or platform for playing a sport should never trump considerations of whether the people playing the sport are being treated fairly.

More practically, if the teams can pay players, that may lessen the allure of payments by agents on the DL.

[left_hook_lacey]

I think the intended consequences outweigh any unintended ones. Do you disagree that this is a more fair system for the student-athletes? Shouldn't that matter more than the NCAA tournament or a bowl game?

Sure. And they should all be paid equally, including Olympic sports and women's sports.

[SlapTheFloor]

Sure. And they should all be paid equally, including Olympic sports and women's sports.

This bill isn't about schools paying athletes. It allows athletes to seek endorsements. So, no, it won't be equal pay even within a single sport, but I don't think anyone has been on Nike's case to start doing that.

[ChillinDuke]

We've hashed and rehashed and overhashed this PTP debate for years on DBR. At this point, I'm almost excited to let this play out, especially if California turns into a test case of sorts before infesting the rest of the country.

I don't have time to research the prospective law, but is there anything in here that regulates what is considered an arms-length endorsement? One of the most blatant avenues for corruption here is a school and/or wealthy booster paying a player a huge rate to endorse their business in exchange for playing at the school. And I'm far from the first person to bring up this hypothetical, we've discussed it ad nauseum.

Does the law deal with that (and other similar) scenario(s)? Or does it stay silent under the claim that such an endorsement is totally fair because someone is willing to pay it? Or worse, does it stay silent because they simply haven't thought of that and/or don't care and thus leave the NCAA (or some future organization) to figure out the mess?

Again, having done no research into the law, it's hard for me personally to envision this working out for all stakeholders. Sure, I think some kids will make good money. But I also think it will ruin the sport for everyone.

Of course I could be wrong. But I'm tired of debating it. So let California do what California is going to do. And we all will have no choice but to see how it goes, for better or for worse.

- Chillin

[Wander]

I think the intended consequences outweigh any unintended ones. Do you disagree that this is a more fair system for the student-athletes?

I think this idea would result in a great amount of unfairness. Get ready to see the last guy off the bench on mediocre men's basketball teams get paid orders of magnitude more than star women's players.

[left_hook_lacey]

This bill isn't about schools paying athletes. It allows athletes to seek endorsements. So, no, it won't be equal pay even within a single sport, but I don't think anyone has been on Nike's case to start doing that.

Ah I see. Goodbye what's left of college athletics, which isn't much.

[cato]

Sure. And they should all be paid equally, including Olympic sports and women's sports.

Why?

[uh_no]

Why?

were the school to be paying, by title nine they'd have to pay the women If they paid the men, for one.

[cato]

were the school to be paying, by title nine they'd have to pay the women If they paid the men, for one.

So the schools pay the same amount for men’s and women’s athletics currently?

[HereBeforeCoachK]

I agree. Preserving a particular tournament or platform for playing a sport should never trump considerations of whether the people playing the sport are being treated fairly.

More practically, if the teams can pay players, that may lessen the allure of payments by agents on the DL.

Who decides what's "fair?"
Why is it unfair now? Is anyone forced to play college sports? Are they not given any special considerations?
Be careful what you wish for. I mean, you may have it now, or part of it. Unintended consequences are far greater than some around here think. Mark my words.

[75Crazie]

Is anyone forced to play college sports?

My answer, in a word … yes! At least those that have any aspirations (realistic or not) of professional advancement. There are still no feasible alternate paths for such advancement, particularly in football. Basketball has one or two possible alternatives, but those have nowhere near the buy-in as yet to make them as enticing as college play ... especially since most colleges pay minimal, if any, lip service to academic requirements (uNC is not the only offender here, by a long chalk, just the most obvious).