#space Jam

My favorite recent PFT Commenter conspiracy theory is that Space Jam 2, which is set to star LeBron James but remains in preproduction, actually is a vehicle to allow James, newly a member of the strikingly mediocre Los Angeles Lakers, to recruit top players with salaries in excess of the league’s caps by paying them to be a part of Space Jam 2, a movie that might never actually get made. If about-to-be-free-agent Kevin Durant signs a cheap contract with the Lakers this offseason, we’ll know the foregoing is true.

Another thing that’s true is that my friend Grant Zubritsky is a musician who just released two new tracks this week that wouldn’t be out of place on the soundtrack for Space Jam 2. (Take a moment to remember the strength of the soundtrack to the original movie.) In light of all of that and the fact that I don’t know if these Spotify embeds are going to work, here for this week’s Jams are both of his new numbers:

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Enes Kanter Contains Multitudes (via The Ringer)

enes3-0Kanter is many things: New York Knicks center, devout Muslim, star of #NBATwitter, and enemy of the Turkish state. For the moment though, he is like anyone else on this beach—just another person in paradise, awed by all that surrounds him. “This is unbelievable,” he says.

As we walk, staring out at the Pacific in a place that feels something like the edge of the world, Kanter begins talking about other faraway places that he has considered home. At 26 years old, Kanter is no longer connected to his country or his parents, who still live there. His continued criticism of Turkish President Recep Tayyip Erdogan has landed Kanter’s father in jail and made Kanter a target of harassment and social media threats on his life. “I don’t know if he’ll ever be able to go back to Turkey,” says Fetic. “Ever.” He is rootless, building makeshift communities everywhere his life and NBA career takes him.

He finds belonging in unlikely places. A living room in Pennsylvania. A locker room in Oklahoma. The entire state of Kentucky. All have served, at least temporarily, as a refuge, giving Kanter comfort for anywhere between a few hours and a few years before he inevitably goes searching, once again, for someplace else he might call home. … Read More

(via The Ringer)

(HT: ASW)

It’s time to rethink our stance on Jamal Crawford

crawford griffin

I haven’t thought about Jamal Crawford in about eighteen years, since he was a one-and-done for the University of Michigan during Michigan State’s national championship season in 2000. Since then, he’s played in the NBA for Chicago, New York, Golden State, Atlanta, Portland, Los Angeles (Clippers), and Minnesota, his current team. If I’m reading this correctly, Crawford is the active leader in three-point attempts. This morning, Blake Griffin, Crawford’s former teammate in L.A., revealed that Crawford is a BlackBerry user.

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Sports Law Roundup – 12/22/2017

aslr - xmas

Here are the top sports-related legal stories from the past week:

  • Gymnast abuse: Earlier this month, a judge declared that a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who was facing multiple civil and criminal accusations of improper sexual conduct in connection with his alleged sexual abuse of young female athletes was “a danger to children” and sentenced him to sixty years in prison. Now, one of his most prominent victims, U.S. gold-medalists McKayla Maroney, has sued USA Gymnastics, which, she alleges, tried to stop her from publicly accusing the doctor of abuse. According to Maroney’s complaint, the situation arises out of a prior $1.25 million settlement agreement Maroney reached with USA Gymnastics that contained mutual non-disclosure provisions. Maroney’s current attorney says that while Maroney willingly agreed to that settlement, she did so at a time when she was suffering from emotional trauma and needed the money for “lifesaving psychological treatment and care.” USA Gymnastics says that the parties included the confidentiality provision in the settlement agreement at the insistence of Maroney’s then-attorney, Gloria Allred. Maroney’s complaint also names Michigan State University, the U.S. Olympic Committee, and the doctor as defendants. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Baseball injury: Dustin Fowler, currently an outfielder for the Oakland A’s, filed a negligence action against the Chicago White Sox and Illinois Sports Facilities Authority, which owns and operates Guaranteed Rate Field, because of an injury he suffered when, as a member of the New York Yankees, he ran into an unpadded electrical box in the right-field foul territory of Guaranteed Rate Field during a game last summer. Fowler damaged his knee in the collision, causing his rookie season to end before his first plate appearance, and he ultimately required surgery. Fowler claims that the defendants should have done more to secure the box or protect players from running into it.
  • Sleeve suit: A tattoo artist, whose clients include LeBron James, Kyrie Irving, Tristan Thompson, and Danny Green, is suing the makers of the NBA2K17 video game because, he says, the game’s graphics are so realistic and detailed they include replications of his work, over which he claims copyrights, and he alleges he is entitled to compensation for their use in the game. It’s unclear whether the artist (somewhat confusingly named James Hayden) has sought to protect these rights in other circumstances, such as game broadcasts or television commercials, featuring his clients. This isn’t the first lawsuit against the makers of the NBA2K series of games, however. A different owner of copyrights on NBA player tattoos sued over prior editions of the game and lost because it had not registered those copyrights with the U.S. Patent and Trademark Office. It isn’t clear whether Hayden has registered his trademarks.
  • Super Bowl ticket shortage: A federal appeals court will allow a proposed class action to proceed against the NFL based on allegations that the league’s ticket lottery program for Super Bowl XLVIII, which was played at MetLife Stadium in East Rutherford, New Jersey, only released a fraction of the available tickets to the public. The legal basis of the suit is a New Jersey consumer protection statute that requires the public sale of at least 95% of the tickets for events hosted in the state. The named plaintiff’s claim relies in significant part on an expert economic opinion that the plaintiff paid more for tickets he bought on the secondary market than he would have had the league not withheld more than five percent of the game tickets from the primary public market in violation of the New Jersey law. The federal court now has certified the question of whether the state law applies to the NFL’s actions to the Supreme Court of New Jersey.
  • Hockey island: The State of New York’s economic development agency, Empire State Development, has selected a $1 billion bid by a joint venture directed in part by New York Mets owner Fred Wilpon to develop an entertainment complex that will be the new home of the New York Islanders. The move is significant in that the site, which is part of the Belmont Park racetrack property, is located on Long Island, the place the team called home for all but the last three years, when the franchise left Nassau Coliseum for the Barclays Center in Brooklyn (which, as a geological matter, is part of Long Island but whatever).
  • Music City soccer: On Wednesday, MLS announced that it would award an expansion franchise to Nashville, where the new team is expected to play in a new arena to be built at the city’s fairgrounds. The day before, a local judge had dismissed a lawsuit by opponents of the stadium’s construction because she concluded the plaintiffs lacked standing to challenge the project and determined that the stadium would not impair existing fairground activities, including the state fair.
  • RICO soccer: On Friday in a New York federal court, a jury convicted the former leaders of the Brazilian and Paraguayan soccer associations on racketeering conspiracy charges related to millions of dollars in bribes received in exchange for marketing rights. The jury is continuing to deliberate over similar charges against the former head of the Peruvian soccer association. The maximum sentence for each charge is twenty years in prison.
  • Thursdays are for the lawsuits: On Thursday, Barstool Sports served the NFL with a notice to cease and desist the marketing and sale of a line of apparel the website contends were “made with the intent to trade off of the goodwill associated with” a Barstool-owned trademark, “Saturdays are for the Boys.” (Interestingly, Barstool did not create “Saturdays are for the Boys,” though it did popularize, market, and register as a trademark the phrase one of its writers overheard at a bar.) The allegedly offending products are shirts the NFL is selling with the phrase “Sundays are for” followed by one of its team names or nicknames. The one shown in the cease-and-desist letter is the Dallas t-shirt, which reads “Sundays are for the Boys.” The NFL had pulled that shirt from its online store prior to the sending of the letter, but the others remain available.

Sports court is in recess.

Sports Law Roundup – 12/8/2017

aslr

Here are the top sports-related legal stories from the past week:

  • Olympic doping: The International Olympic Committee has banned Russia from the upcoming Olympic Games in South Korea due to “systemic manipulation of the anti-doping rules and system,” although it will allow individual Russian athletes who prove they aren’t doping to compete under the Olympic flag and wearing uniforms indicating they are “Olympic Athlete[s] from Russia.” Additionally, twenty-two Russian winter Olympic athletes banned for life following doping violations during the 2014 Winter Olympics have applied to the Court of Arbitration for Sport to reinstate them. The upcoming winter games begin in February.
  • Gymnast abuse: In February, the Michigan Attorney General charged a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who already was facing multiple civil and criminal accusations of improper sexual conduct, with twenty-two additional criminal counts in connection with his alleged sexual abuse of young female athletes. USA Gymnastics and Michigan State terminated their relationships with the doctor following the earlier accusations. Some of the charges added in February involved victims who were younger than thirteen at the times of the alleged acts, and all of the charges are felonies that carry a maximum sentence of life imprisonment. On Thursday, following guilty pleas on three federal charges, a federal trial judge in Grand Rapids declared the doctor “a danger to children” and sentenced the fifty-four year old to sixty years in prison, the maximum allowable sentence. In determining her sentence, the judge considered statements from victims, including U.S. gold-medalists McKayla Maroney and Aly Raisman. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Charity fraud: Former NBA player Kermit Washington pled guilty to multiple criminal counts of making false statements on income tax returns and a single count of aggravated identity theft in connection with charges that he used charitable donations intended for a medical clinic in Africa for personal expenses. Washington allegedly induced donors, including professional athletes, to contribute to the clinic but spent the money on vacations and jewelry. In 1973, the Los Angeles Lakers drafted Washington fifth overall out of American University, the beginning of a ten-season NBA career in which he also played for the Trailblazers, Clippers, Celtics, and Warriors.

Sports court is in recess.

Sports Law Roundup – 9/22/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

Sports court is in recess.

Sports Law Roundup – 9/8/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Athlete advisor fraud: In February, Brian J. Ourand, who worked as a financial advisor to athletes, including Mike Tyson and Glen Rice, admitted stealing over $1 million from his clients and pleaded guilty to federal wire fraud charges. On Wednesday, a federal trial judge sentenced Ourand to thirty-three months in prison, less than the thirty-seven months federal prosecutors requested, but more than the year (plus some home confinement) Ourand sought.
  • Radio host ticket fraud: Earlier on Wednesday, FBI agents arrested Craig Carton, who cohosts WFAN’s (New York City) morning sports talk program with former NFL quarterback Boomer Esiason, on fraud charges based on allegations that Carton was operating an event-ticket scam. According to federal prosecutors, Carton induced investors to fund a concert ticket resale venture by claiming that he had special access to purchase the tickets when, in fact, he did not. Carton and an associate instead used the investors’ money for themselves, including to repay casino debts and some initial investors in a Ponzi-style arrangement.
  • Rockets sold: Tilman Fertitta bought the Houston Rockets on Tuesday for $2.2 billion. Fertitta, a Houstonian, is the owner of Landry’s, Inc., a corporation that owns restaurants and other commercial properties including Bubba Gump Shrimp Company, the Golden Nugget casino, and multiple aquariums in Texas, Colorado, and Tennessee, among many other things. Microsoft CEO Steve Ballmer set the previous record for the purchase price of an NBA franchise when he bought the Los Angeles Clippers for $2 billion.
  • NFL sanction standards: In light of the ongoing Ezekiel Elliot saga, PFT’s Mike Florio (who, people forget, is a lawyer) penned an essay on the NFL’s low standard of proof used in determining violations of its personal conduct policy, which concludes: “As long as the league has the power to impose discipline based on the very lowest legal standard of proof, any player who finds himself under scrutiny had better be able to show that there is no credible evidence of any kind that could be viewed in any way as suggesting that he has any responsibility for anything that happened.”

Sports court is in recess.

Sports Law Roundup – 8/4/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • NBA fan assault: After declining a plea offer in June, Charles Oakley, a former member of the New York Knicks who was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden, accepted a similar offer today. While Oakley’s earlier decision appeared designed to force Dolan to provide public testimony at a trial, Oakley, through his lawyer, now says that he “will be pursuing all civil remedies against Mr. Dolan based on this incident.” Pursuant to the terms of today’s agreement, prosecutors will drop the criminal charges against Oakley if Oakley stays out of MSG for one year and otherwise avoids criminal trouble for six months.
  • ESPN parody: The parody sports website NOTSportsCenter.com, which appears to exist today mostly as a Twitter account, defeated a challenge by ESPN that sought the transfer of the NOTSportsCenter.com web domain to ESPN because, ESPN complained, the parody website was confusingly similar to ESPN’s registered “SportsCenter” trademark and operated in bad faith. The arbitration panel found that the owner of the NOTSportsCenter.com domain, Will Applebee, was not using the domain in bad faith, was not attempting to disrupt ESPN’s business, and does not keep people from visiting ESPN’s website. Finally, the arbitrators noted that ESPN’s “delay in taking action against [Applebee] nullifies its arguments,” finding the Worldwide Leader’s decision to wait six years to challenge the domain registration to be a material piece of evidence. Attorneys from Greenberg Traurig, an international law firm with more than two dozen offices around the world, represented ESPN. Applebee represented himself.
  • Daily fantasy sports: On Wednesday, Delaware and Maine became the latest states to legalize daily fantasy sports. The Maine law prohibits DFS contests based on collegiate athletics. Legislative action in other states suggests that Pennsylvania, Illinois, and California could be next in line, while Massachusetts appears to be moving in the other direction.

Sports court is in recess.

Sports Law Roundup – 7/14/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Hou-Hugh Feud: Houston Nutt, which is a real human man’s name, is the former head football coach at Ole Miss. He has sued that school and its athletic department because, he alleges, school representatives’ public statements linking an ongoing NCAA investigation of the university’s football program to Nutt violated a term of the 2011 severance agreement between Nutt and Ole Miss precluding the university from, in the complaint’s words, “making any statement whatsoever relative to Coach Nutt’s tenure as an employee of Ole Miss that might damage or harm his reputation as a football coach. Ole Miss was contractually prohibited from making any statement whatsoever, truthful or not, that may damage or harm Coach Nutt’s reputation.” The complaint highlights, in substantial detail, statements to reporters by Ole Miss Athletic Director Ross Bjork, Sports Information Director Kyle Campbell, and current head football coach Hugh Freeze, whose scheduled appearance at SEC Media Days was twenty-four hours after Nutt filed his lawsuit. Freeze did not directly address the allegations that day, saying only that he was not happy with the “ironic” timing of the filing of the suit and that he hadn’t seen Nutt in years. Freeze also read a prepared no-comment statement during his turn at the podium, thereafter referring to the NCAA investigation– and, indirectly, the lawsuit– as “the lot that we’ve inherited or caused in some cases,” a statement Nutt likely will cite as Freeze’s unrepentant casting of blame on Nutt.
  • Cheerleader wages: In May, the Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, reached a $250,000 settlement of Herington’s proposed class action lawsuit that provided for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. Now, the judge overseeing the case conditionally certified it as a collective action for settlement purposes but refused to approve the settlement agreement itself, explaining that he currently lacks sufficient information to determine “whether the settlement ‘is a fair and reasonable resolution’ of” the dispute. Prior reports indicated that the $250,000 settlement amount was significantly less than what some other teams paid to resolve similar lawsuits.
  • Daily Fantasy Sports: Last month, the inevitable merger between DraftKings and FanDuel announced last November hit a probably inevitable regulatory hurdle when the Federal Trade Commission filed a lawsuit in an attempt to block the merger, and a judge granted the FTC a temporary restraining order that halted the merger. In an email to users sent yesterday, DraftKings announced that it has “formally terminated our merger with FanDuel and will withdraw litigation from [sic?]” the FTC.
  • Baseball DUI: This spring, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, but it arose out of his third DUI arrest in his native country. As a result, Kang had trouble securing a visa to reenter the U.S., which caused him to miss all of spring training, and, now, the entire first half of the current MLB season. This week, Pirates GM Neal Huntington said that one could “pretty much eliminate the thought” that Kang would play for Pittsburgh in 2017, and that the team has turned its “optimistic” eyes toward a 2018 return.
  • Umpire discrimination: Last week, Angel Hernandez, a longtime MLB umpire who is of Cuban descent, sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, among other claims. This week, FanGraphs identified Hernandez as the umpire responsible for the worst called strike of the first half of the 2017 season.

Sports court is in recess.

Sports Law Roundup – 7/7/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.