I'm With California

Once a decade or so, California takes legislative initiative that I actually agree with.   99 percent of the time, California is busy banning plastic straws, de-criminalizing knowingly passing on HIV and criminalizing incorrect gender identification and other such woke legislation.  But this time, California got it right.

Last week, California signed into law the Fair Pay to Play Act, which permits college athletes to keep the earnings from their images, names, and likeness.  The law puts California in direct conflict with NCAA rules that prohibit student athletes from receiving such payments.  South Carolina is about to introduce a similar bill and word has it that Illinois may as well.

The NCAA has threatened to bar California schools (a completely empty threat), and has threatened to sue on the grounds that it interferes with interstate commerce, so the matter may be tied up in the court system for years.  Critics claim that it will taint amateurism of the sport and cause problems with Title IX.

I’m all for it.  I similarly supported the efforts of Northwestern University players to unionize.  That attempt was batted down by the NRLB ( https://www.nlrb.gov/news-outreach/news-story/board-unanimously-decides-decline-jurisdiction-northwestern-case) a couple of years ago, which ruled that the players were not statutory employees, and therefore, not entitled to NLRB protections.

Who is kidding whom here?

The N.F.L over the years has carved itself out sweetheart deals with the government.  It was granted exemption from anti-trust laws in 1914, which permitted the league to bargain it as a unit and obtain fat television and cable contracts.  Those dollars, in turn, led to the explosion in players’ salaries (in the 60’s, many players had jobs in the off-season and many went to work after their careers were over).   Teams also get tax advantaged financing and other goodies at the local level to build their stadiums.  Finally, the league has a tax subsidized minor league that IT DOESN’T HAVE TO PAY FOR—the university system.  How sweet.

Despite drawing millions for their schools, through the collusive rules of NCAA eligibility, players “salaries” are capped at tuition, room and board and a small stipend, say, the total cost is $60,000 per year (less than a good legal secretary).  And only about 1.5% of these players make it into the N.F.L.  The schools piously argue that they “get a free college education.”  But if you look at what actually happens at most places, playing football is their full time job.  While the NCAA boasts that graduation rates have improved, they are 17.8 lower than the general student population and athletes are often steered into worthless majors (https://www.sbnation.com/college-football/2014/7/9/5885433/ncaa-trial-student-athletes-education).  

Furthermore, coaches are the highest paid state employee in 37 states; the four coaches in the football playoff system made more than all 50 governors combined.  These coaches will make more than the vast majority of DI players.

I was incensed that the NCAA sanctioned Ohio State when some player sold their championship rings, autographs and other memorabilia.  It was THEIR property.  There is no property interest more intimate than one’s own name, likeness and image.  It’s high time we call it like it is—a collusive labor arrangement that fixes labor costs, forcing the players to be amateurs but the schools, coaches and the N.F.L. are free to rake in the dollars.  

This time, California got it right.