NEW ASA POLICY ON SELECTING USA SOFTBALL JUNIOR TEAM

[SDTitans]

ASA's new policy almost seems illegal. For now it may be a big blow to some but someone needs to step up and challenge them.

Press-Enterprise HS sports blog (http://blog.pe.com/hs-gametime/2012/07/ ... elections/) quotes Haning and he expects it will be challenged.

Haning has placed a call to the United States Olympic Committee to see whether or not ASA has National Governing Body status over the USA Junior National Team. He also expects the new guidelines likely will be challenged in court.

“I’m not a legal expert, but I know coaches who are lawyers and even judges,” Haning said. “I don't think this will stand out in a court of law. This restricts a players opportunity to play and I think you can argue that it also restricts trade.

“Somewhere, someone is going to fight this. It could get extremely contentious."

According to ASA/USA website, ASA is the governing body of the USA teams according to the Amateur Sports Act of 1978. Seems if that is the case then they have every right to govern how the teams are selected. Unless someone is going to take it to court and challenge that.

[Battle]

ASA's new policy almost seems illegal. For now it may be a big blow to some but someone needs to step up and challenge them.

Press-Enterprise HS sports blog (http://blog.pe.com/hs-gametime/2012/07/ ... elections/) quotes Haning and he expects it will be challenged.

Haning has placed a call to the United States Olympic Committee to see whether or not ASA has National Governing Body status over the USA Junior National Team. He also expects the new guidelines likely will be challenged in court.

“I’m not a legal expert, but I know coaches who are lawyers and even judges,” Haning said. “I don't think this will stand out in a court of law. This restricts a players opportunity to play and I think you can argue that it also restricts trade.

“Somewhere, someone is going to fight this. It could get extremely contentious."

According to ASA/USA website, ASA is the governing body of the USA teams according to the Amateur Sports Act of 1978. Seems if that is the case then they have every right to govern how the teams are selected. Unless someone is going to take it to court and challenge that.

That is correct. The main USA team used to consist of the ASA champions representing USA. Then it was changed to adding maybe 3 from the outside of the team. Then to an All Star selection. All of this was funded primarily from an ASA Special program fund and as far as I know, still is. So, when the call is made, to whom will you be talking to? If I'm not correct on this, please explain...

[fastpitchdad05]

Sounds like it's time to break up the AT&T, errr...ASA monopoly.

[CULater]

Sounds like it's time to break up the AT&T, errr...ASA monopoly.

Who is going to fund it? The 200+ fastpitch teams playing PGF? Please...without the aid of ASA in funding operations, all of the national teams would have folded years ago.

[ontheblack]

ASA's new policy almost seems illegal. For now it may be a big blow to some but someone needs to step up and challenge them.

Press-Enterprise HS sports blog (http://blog.pe.com/hs-gametime/2012/07/ ... elections/) quotes Haning and he expects it will be challenged.

Haning has placed a call to the United States Olympic Committee to see whether or not ASA has National Governing Body status over the USA Junior National Team. He also expects the new guidelines likely will be challenged in court.

“I’m not a legal expert, but I know coaches who are lawyers and even judges,” Haning said. “I don't think this will stand out in a court of law. This restricts a players opportunity to play and I think you can argue that it also restricts trade.

“Somewhere, someone is going to fight this. It could get extremely contentious."

According to ASA/USA website, ASA is the governing body of the USA teams according to the Amateur Sports Act of 1978. Seems if that is the case then they have every right to govern how the teams are selected. Unless someone is going to take it to court and challenge that.

That has been superceded by The Ted Stevens Olympic and Amateur Sports Act of 1998:
http://videos.usoc.org/legal/TedStevens.pdf

As authorized by the Act, the USOC bylaws set out several athlete representation requirements for NGBs. (USOC bylaws beginning at §8.8.1.)

Here is a link to the bylaws:

http://assets.teamusa.org/assets/docume ... .25.10.pdf

Where this will get contentious is with the provision under Athletes' Rights

The USOC establishes a number of protections for athletes. §9.1 of the USOC bylaws states that:
"No member of the corporation may deny or threaten to deny any amateur athlete the opportunity to participate in
the Olympic Games,
the Pan American Games,
the Paralympic Games,
a World Championship competition, or
other such protected competition as defined in Section 1.3 of these Bylaws..."

My non-legal opinion is that someone will have to challenge this via arbitration

[CULater]

ASA's new policy almost seems illegal. For now it may be a big blow to some but someone needs to step up and challenge them.

Press-Enterprise HS sports blog (http://blog.pe.com/hs-gametime/2012/07/ ... elections/) quotes Haning and he expects it will be challenged.

Haning has placed a call to the United States Olympic Committee to see whether or not ASA has National Governing Body status over the USA Junior National Team. He also expects the new guidelines likely will be challenged in court.

“I’m not a legal expert, but I know coaches who are lawyers and even judges,” Haning said. “I don't think this will stand out in a court of law. This restricts a players opportunity to play and I think you can argue that it also restricts trade.

“Somewhere, someone is going to fight this. It could get extremely contentious."

According to ASA/USA website, ASA is the governing body of the USA teams according to the Amateur Sports Act of 1978. Seems if that is the case then they have every right to govern how the teams are selected. Unless someone is going to take it to court and challenge that.

That has been superceded by The Ted Stevens Olympic and Amateur Sports Act of 1998:
http://videos.usoc.org/legal/TedStevens.pdf

As authorized by the Act, the USOC bylaws set out several athlete representation requirements for NGBs. (USOC bylaws beginning at §8.8.1.)

Here is a link to the bylaws:

http://assets.teamusa.org/assets/docume ... .25.10.pdf

Where this will get contentious is with the provision under Athletes' Rights

The USOC establishes a number of protections for athletes. §9.1 of the USOC bylaws states that:
"No member of the corporation may deny or threaten to deny any amateur athlete the opportunity to participate in
the Olympic Games,
the Pan American Games,
the Paralympic Games,
a World Championship competition, or
other such protected competition as defined in Section 1.3 of these Bylaws..."

My non-legal opinion is that someone will have to challenge this via arbitration

But if softball continues to be a non-Olympic sport, do the USOC bylaws have any relevance?

[AlwaysImprove]

ASA own's JNT as long as USOC says they do, not one second longer. Since there is no longer fastpitch in Olympics, USOC no longer cares. So ASA has just ran around with their propped up ownership of JNT.

I can imagine the guy at the USOC that is going to be getting these overly legalized letters from ASA and PGF. Sitting there with a super puzzled look on his face asking "What is fast pitch?".

Reality is if ASA is looking to loose control of the JNT, the best possible path to making that happen is to create a JNT that would easily get arse kicked by the any assembly of PGF all star team.

Same as changing your clothes behind your Ford Taurus. You can only get so goofy and people walk away.

[Battle]

ASA's new policy almost seems illegal. For now it may be a big blow to some but someone needs to step up and challenge them.

Press-Enterprise HS sports blog (http://blog.pe.com/hs-gametime/2012/07/ ... elections/) quotes Haning and he expects it will be challenged.

Haning has placed a call to the United States Olympic Committee to see whether or not ASA has National Governing Body status over the USA Junior National Team. He also expects the new guidelines likely will be challenged in court.

“I’m not a legal expert, but I know coaches who are lawyers and even judges,” Haning said. “I don't think this will stand out in a court of law. This restricts a players opportunity to play and I think you can argue that it also restricts trade.

“Somewhere, someone is going to fight this. It could get extremely contentious."

According to ASA/USA website, ASA is the governing body of the USA teams according to the Amateur Sports Act of 1978. Seems if that is the case then they have every right to govern how the teams are selected. Unless someone is going to take it to court and challenge that.

That has been superceded by The Ted Stevens Olympic and Amateur Sports Act of 1998:
http://videos.usoc.org/legal/TedStevens.pdf

As authorized by the Act, the USOC bylaws set out several athlete representation requirements for NGBs. (USOC bylaws beginning at §8.8.1.)

Here is a link to the bylaws:

http://assets.teamusa.org/assets/docume ... .25.10.pdf

Where this will get contentious is with the provision under Athletes' Rights

The USOC establishes a number of protections for athletes. §9.1 of the USOC bylaws states that:
"No member of the corporation may deny or threaten to deny any amateur athlete the opportunity to participate in
the Olympic Games,
the Pan American Games,
the Paralympic Games,
a World Championship competition, or
other such protected competition as defined in Section 1.3 of these Bylaws..."

My non-legal opinion is that someone will have to challenge this via arbitration

They are not denying anyone. You just have to be ASA/USA registered. That will be their argument. Under that, anyone can compete.
The Ted Stevens Olympic and Amateur Sports Act of 1998 changed the rules for the governing body. Who do you think that is?

[Trophy Hunter]

Battle may be right on that last one. You have a choice. If you choose not to participate, that is your choice, made freely, and you can't blame (or sue) ASA or anyone for your decision.

edit to add of course you can sue, for anything. It's America.

[jmo]

Battle may be right on that last one. You have a choice. If you choose not to participate, that is your choice, made freely, and you can't blame (or sue) ASA or anyone for your decision.

edit to add of course you can sue, for anything. It's America.

The timing is an issue. By releasing this statement so late in the summer, they have taken a player or a teams decision away from them and thus not allowing thousands of players the ability to be eligible to participate. The only peoe ASA is hurting is the girls themselves.