As I said before, thousands of athletes have received bans prohibiting them from competing in sport. In fact, the vast majority of those have been banned not only from the sport they usually compete in, but in fact ANY sport
Please show me examples of where some regional US court have reversed these bans? Or examples where a US court has over ruled a USADA suspension or suspension from another WADA signatory.
Competing in sport is 1) Not a job and 2) Not a god given right - If you cheat in sport, every sporting promoter is within their rights to say "No, you cant compete, you are a cheat"..
An athlete banned from competing in sport for cheating simply has to find another source of income.. hes not "unemployable".. he can get a regular job like everyone else. Sure, he loses out on his sporting income but he should have thought about that..
Like i say, show me a single instance of a US court overruling a decision by an anti doping agency that is a signatory to the wada code.
This isnt about whether or not Jones cheated.....it is a completely independent matter regarding independent contractors in entertainment.
If the UFC has no intention of offering a fighter fights, there is no need for the contract.
Jones would still be able to compete in 90% of the world.
An independent contracting partner can structure an agreement 'you can ONLY work with me'
they cannot structure an agreement 'you cannot work for me or anyone else and im not paying you.'
Thats an insane abuse of power that no judge would uphold.
If the ufc wont offer jones fights due to their own conflicts of interest with the athletic commissions and retaining their status as a sanctioned promoter, they have absolutely zero business trying to enforce an exclusivity clause.
Jones could still easily compete in europe or russia with little to no problem.
There is no real world sanctioning body for mma and USADA is only interested in the UFC.
No way in hell does a judge tell an independent contracting partner that they are allowed to choose an independent contractors job for the next four years.....thats asinine.
People still have a right to choose where they will live and what theyll do for a living. Especially in the absence of compensation.
If Jones is given 4 years at his hearing in February, he will be back in action by the end of the summer under a different banner.
The UFC is only one promotion. If they have no intention of offering fights to a fighter for such a long period of time, the fighter would be well within his rights to seek employment somewhere else.
Once again, its fine to use exclusivity clauses to do business as there is something the contractor is getting in return....in this case compensation....
You take away the compensation, and the clause becomes ridiculously one sided. Clauses get viewed on an individual basis for fairness when evaluated by courts. Telling someone 'you cant be employed by anyone on earth in your chosen profession for the next four years' is NOT how exclusivity clauses work.
If Miley Cyrus had an issue with a concert promoter, he doesnt get to say 'fuck whoever else would hire you, you can flip burgers for the next 4 years, but im not paying you a dime, and you cant work for anyone else.'
Jones is not an employee and he sure as hell isnt a slave....