I just read this article by Jake Rossen that discusses, among other things, Shine and Mayorga's legal dispute with Don King Productions. While I won't opine on his statements about Mayorga's true motive for signing on with Shine (that he wanted to get DKP's attention and a fight) or his statement that Mayorga would have gotten demolished and was not qualified to fight Din Thomas, I do take issue with his legal conclusion that Shine's position was thin because I think it does a disservice to MMA as a sport that is distinct from boxing.
Specifically, Rossen states as follows:
"In fact, the show’s cancelation is one hundred percent a result of their building an event around the toothpick-supported premise of Mayorga breaching a valid contract. We’re a long way from the ninjitsu experts of the 1990s, but this business will always be home to amateurs."
I have read the contract (and posted about it numerous times) and think that the correct interpretation of the agreement is that it only covered "professional boxing bouts" for Mayorga as a "professional boxer." While there is some ambiguity about what "bouts" with a little b means in the Exclusivity provision of the contract (or whether it is broad enough to mean something more than boxing, which is the crux of the entire agreement), I think on balance bouts should not have been read to preclude Mayorga from participating in the independent sport of MMA. While the judge obviously disagreed, this is not the final word and it surely does not mean that he is right and/or that his decision will withstand scrutiny on appeal.
I have not seen the judge's decision in Florida, but have seen bits and pieces from other reporters. It appears from everything I have seen that the judge in Florida focused not on what the contract said, but instead focused on why Shine set up the fight in the first place, which appears to be what Mr. Rossen is focusing on. Obviously, nobody can credibly dispute that Shine set up the fight because of Mayorga's history as a boxer. Indeed, the title of the card, "Worlds Collide" evinces that intent. I can't imagine that Shine would not have stipulated to that fact -- which would have avoided two days of testimony -- if that was what the judge was focusing on. It is no different than the UFC bringing over Brock Lesnar to fight MMA -- the UFC would have freely admitted that the lure of Brock Lesnar is his wrestling prowess and to see how that will work in an MMA fight where Lesnar, necessarily, would rely on other disciplines.
The crucial issue here is that MMA is not boxing and Mayorga was entering the ring as an MMA fighter -- with mma gloves etc. Sure, he would have thrown punches, but he also likely would have at least attempted to throw kicks, elbows, knees, and would have tried whatever he learned in six (6) months to defend himself on the ground. It is no different than Lesnar entering the cage as a wrestler. Sure, he would have relied on wrestling to some extent but he also was going to throw punches, kicks and whatever else he needed to do to win.
The bottom line, boxing and MMA are different. If you need evidence of that, simply look at the relevant legislation across the country. The two sports are treated differently.
Since we are talking Florida, under the relevant Florida statute, Title XXXIII, REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 548.002(3) and (16), "boxing" is defined to mean to "Compete with the fists" whereas "mixed martial arts" is defined to mean "unarmed combat involving the use, subject to any applicable limitations set forth in this chapter, of a combination of techniques from different disciplines of the martial arts, including, but not limited to, grappling, kicking, and striking."
For another example, simply look at New York where boxing is permitted and mixed martial arts is banned. Under this judge's reasoning, if Mayorga was going to fight Lesnar in a "mixed martial arts" fight (or another professional boxer) in New York, no problem I guess because both wrestling and boxing are permitted. This logic is flawed. The two sports are different.
The judge should have determined whether the promotion agreement covered Mayorga (or rather prevented Mayorga from competing) in a bout that is distinct from boxing, i.e. MMA. With all due respect to the judge and Mr. Rossen, the terms of the contract should have prevailed here and, at best for DK, I guess you could say the contract was close.
While Shine could have (as Mr. Rossen suggests) to be 100% sure sought a declaratory judgment in December that MMA was not precluded under Mayorga's promotion contract, I have no reason to doubt that Shine did do its diligence -- having lawyers look over the agreement who reached an opposite conclusion from this judge. For his part, DK could have just as easily moved for the injunction in December, instead of waiting until the week before to enjoin Mayorga from competing.
BTW, I have still not heard the official reason from the NC Boxing Authority as to why the plug was pulled. Once I find out, I will post more.
UPDATE
MMAJunkie is reporting that the Boxing Authority pulled the plug because of fighter purse issues and no doctor. Does not bode well for getting at DK's bond if Shine is ultimately right on the merits because DK can argue that his injunction didn't cause any damages to Shine or Mayorga because the fight would have been canceled without it.
Fight Lawyer
