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Below is the letter I wrote to Kelly Farr concerning the regulations proposed by the Georgia Commission he heads.

 

I met with Mr. Farr.  The commission did nearly all of it's "due diligence" outside the state of Georgia, rather than learning what, if any, problems exist in the State Of Georgia.  The rules proposed were picked at random from rules in Pennsylvania, Missouri, & Kentucky even though in those states some of the rules were passed as law or were created by commissions in those states based on specific law that allowed such rules.   The Georgia commission is interpreting the Georgia Law as granting them sweeping powers, which a reading of the law suggests was not the intent of the lawmakers.    Regardless of flaws in the regulations that Mr Farr and I addressed, he and commission seem not to care and won't even make easy changes, like letting a ref's 5 count stay a 5 count (they want a ten count for unknown reasons), and even though he agreed refs have no real authority, the language of the regulations treats refs as if they do, and even suggests they are held "responsible" to uphold the Commission's rules.

 

No effort was made by the commission to determine any impact on the Georgia 911 system by requiring ambulances at all shows, which on a busy Saturday in Georgia could be as many as 10 ambulances.   We are in the process of getting comment from various Georgia 911 supervisors.   And the ambulance rule came from a Pennsylvania law (not rule), that understands the impact on the 911 system and at least allows no ambulance if there is one within 5 miles of a show and they are notified the show is happening.  Georgia's commission removed that, suggesting it would be tough for them to check.  I reminded Mr Farr that all he needed was a contact name & phone # to check on whether a promoter notified an EMT unit, where he'd have to visit each show to see an ambulance. Mr Farr suggested calling was too difficult.

 

Mr Farr suggests he and the commission only want to protect wrestlers and fans in Georgia, but the rules only really add cost to a wrestling show, and Mr Farr & the commission have made no effort to determine whether there are any real problems they should address.  It was easier just to piece rules together by what other states did, several different states all following different law, than to actually do due diligence in the State of Georgia.  Mr Farr said they researched on the internet and named one wresting site as their research, www.georgiawrestling.tk , and he suggested they visited other wrestling promotion sites but when asked couldn't recall any.  They also heard from "concerned" promoters and former promoters, none of whom he wanted to name.

 

The hearing is next Tuesday, 12-18 at 11AM.

 

Should the rules pass it is likely promoters will seek legal council, and attempt to get an injunction to hold the rules at abeyance, until a judge rules on the commission's interpretation of the Georgia law. 

 

Bill Behrens

 

 

11-26-07

 

 

To:  Kelly Farr

       Executive Director

       Secretary of State

       Georgia Athletic & Entertainment Commission

 

From:   Bill Behrens

             President

             Show Business, Inc.

 

Re:  Proposed Rules for Professional Wrestling in Georgia (Rule 85-4-.01)

 

Mr. Farr:

 

I work in the business of Professional Wrestling currently as the TNA (Total Non-Stop Action) Bookings Director.   TNA recently promoted a PPV in Georgia at the Gwinnett Center .  Prior to this position I was employed by the WWE (World Wrestling Entertainment) and worked with a training facility and promotion it set up in McDonough , GA called Deep South Wrestling.  WWE promotes events regularly throughout the State of Georgia .  Prior to that, I promoted for 7 years in Cornelia , GA using the name NWA Wildside.   I am a former President of the NWA.

 

The NWA (National Wrestling Alliance) sanctioned wrestling in the state of Georgia for over 50 years and was featured on WTCG-TV17 which became Super Station WTBS, on Saturdays nights for years, and later on the Georgia based WCW (World Championship Wrestling).   Professional Wrestling has a long tradition of providing family entertainment, at live events and on television, in the State of Georgia .  It’s a tradition that continues today at small independently promoted shows throughout our great State.

 

I am sure you’ve heard from numerous Georgia wrestling fans about the Georgia Athletic & Entertainment Commissions’ proposed rules.  Wrestling fans are extremely passionate in their love for Professional Wrestling as you may have learned.  As Representative Allen Powell said in 2004, “Wrestling is like Fried Chicken”.   I know the members of Governor Purdue’s family that attended several recent Georgia independent wrestling shows where I was helping would agree.   They couldn’t believe the proposed regulations when told.  Neither can I.

 

Beginning in 2001 I interacted with those in Georgia politics who wished to regulate wrestling.  I met with Representative Allen Powell and GAEC member Les Schneider in early 2004, at which time we reached agreement on modifications to what was then House Bill 558.  The agreement made was that wrestling promoters in Georgia would register and pay a $100 fee, and that promoters would make reports to the commission.   Wrestling was clearly distinguished from Boxing & Mixed Martial Arts (MMA), as Professional Wrestling is not a sport, and the other two are sports.   Professional wrestling is not real. It is staged entertainment wherein the athletes protect each other..  Boxing & MMA are very real, and very dangerous.   The Athletes intend to hurt each other.   

 

The language in the bill that passed as law and that the Commission references as its “authority” to impose these rules, Georgia State Law: O.C.G.A. 43-4B, contains specific language that clearly or should clearly to the Commission distinguish Professional Wrestling from Boxing & MMA.   In their wisdom, the law makers did not intend Professional Wrestling to be regulated like Boxing and MMA.  They did not intend the fees for wrestling promoters to be like those for Boxing and MMA.   I am concerned that the commission is misinterpreting Georgia State Law O.C.G.A 43-4B, and from reading the rules being suggested they also may not understand what Professional Wrestling is and what it is not.

 

O.C.G.A. 43-4B defines wrestling as: 

 

(21) "Wrestling" means:

 

      (A) A staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or

 

      (B) A performance of fighting and gymnastic skills and techniques by two or more human beings.

 

This is pretty straight forward.  Wrestling is not a sport, not real.   The “nature of the activity” is a staged performance.

 

This is clearly different than the definitions of (2) Boxing, (9.1) Kickboxing, (10.1) Martial Art, and (11) Mixed Martial Art.  The “nature of the activity” of last three is defined well as each is defined as a form of “unarmed combat”, while the  “nature of the activity” of boxing is  “knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows”   This is very real and very dangerous activity where the participants intend to hurt their opponent and if possible render him unconscious.  

 

It is Article 4 that addresses the commission’s authority and duties as it relates to Martial Arts and Professional Wrestling.  

 

ARTICLE 4. REGULATION OF MARTIAL ARTS AND WRESTLING 7 

 

§ 43-4B-50.  Authority and duties of the commission with regard to licensure, exemption from licensure, and regulation

   (a) The commission shall have the sole authority to license organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling and to exempt organizations from licensure in accordance with this article. The commission shall have the sole authority to permit and regulate matches, contests, and exhibitions of martial arts and wrestling. The commission shall have the sole authority to license promoters of matches, contests, and exhibitions of martial arts. The commission shall have the duty to safeguard the public health, to protect competitors, and to provide for competitive matches by requiring licensed organizations to abide by rules promulgated by the commission for basic minimum medical and safety requirements based on the nature of the activity and the anticipated level of physical conditioning and training of competitors. The commission shall have the authority to inquire as to a licensed organization's plans or arrangements for compliance with such rules. The commission shall have the authority to require annual fees for licensure and a fee for each such match, contest, or exhibition or for each show and to penalize licensed organizations, licensed promoters, and the holders of match permits that violate the provisions of this article or rules of the commission promulgated in accordance with this article.

 

There is a huge difference between the “nature of the activity” of martial arts and mixed martial arts and wrestling.   The lawmakers addressed that in their definitions.   Martial Arts and Mixed Martial Arts are real fighting and forms of “unarmed combat” where the intent is to hurt your opponent.  Wrestling is a staged performance that is not real and where the intent is to protect your opponent from being hurt.   The sports where the intent is to hurt someone clearly need medical and safety requirements to protect the athletes involved, but in the “staged performance” of wrestling these concerns do not exist as the performers are not intending to hurt the other performer, because they are simply performing.  Accordingly, rules to protect the wrestlers are unnecessary. 

 

The lawmakers went further by also noting “the training of competitors”.   In Martial Arts & Mixed Martial Arts the athletes are trained to hurt their opponent, and to try to prevent the opponent from hurting them more.  In wrestling the performers are trained to protect the other performer from injury and to protect themselves.

 

The commission has a duty to “protect” and “safeguard” the athletes participating in martial arts and mixed martial arts.  But none of the rules proposed by the commission for wrestling will protect the performers more than they are already protected, nor are they necessary because wrestling is a performance not a sport.   Some are so flawed it appears the commission believes wrestling to be real.  For example refs in wrestling have no real authority. They are actors.  They are part of the performance.   In wrestling the performer must break the staged hold on another performer when they are in the ropes within a refs 5 count.  For some reason the commission wants a 10 count.  Everybody wants to be a Director as they say in Hollywood , and it seems true here too.   Wrestling has its own set of fake rules that are use to stage the performance and entertain the audience.  The audience understands these fake rules, and that the bad guys cheat and break them, and that the refs role is to try to enforce the fake rules and stop the bad guy from cheating.   The bad guy cheating creates what we call “heat”.  It makes the audience unhappy.  When the good guy overcomes the cheating then the audience is happy.  Good over bad, just like in the movies.  Wrestling is entertainment, just like movies, just like a stage play.   One famous Georgia resident and wrestling star, Dusty Rhodes always says “I’m making movies, baby” when discussing wrestling.  I do not believe the lawmakers intended the commission to take over scripting pro wrestling matches and their outcomes.

 

The lawmakers also addressed fees for wresting, boxing and martial arts as follows:

 

§ 43-4B-51.  Fees

   (a) Except as otherwise provided in subsection (c) of this Code section, the annual fee for licensure of organizations subject to this article is $1,000.00.

(b) As used in this subsection, the term "show" includes all matches, contests, or exhibitions held at the same venue on the same date and included in the same admission fee if an admission fee is charged. Except as otherwise provided in subsection (c) of this Code section, the maximum permit fee for each show authorized or governed by an organization licensed in accordance with this article is $250.00. The maximum permit fee for each match, contest, or exhibition that is not a component of a show and is authorized by an organization licensed in accordance with this article is $250.00, except as otherwise provided in subsection (c) of this Code section. Such fee shall be paid to the commission on or before the date of the match, contest, or exhibition. The commission may provide by rule for a refund of a portion of the fee if the match, contest, or exhibition is not held.

(c) For organizations authorizing or governing matches, contests, or exhibitions of wrestling as defined in subparagraph (A) of paragraph (21) of Code Section 43-4B-1, the annual fee for licensure is $100.00. There shall be no permit fee for matches, contests, or exhibitions of wrestling as defined in such subparagraph. Organizations subject to this subsection shall make reports to the commission in accordance with rules and regulations promulgated by the commission.

(d) The annual fee for a promoter's license for promoters of martial arts matches, contests, or exhibitions shall be $500.00.

 

Again the lawmakers distinguished wrestling from boxing & martial arts and exempted only wrestling from additional fees.   The commission was simply charged to get promoters licensed at $100 per year, and to receive reports from Wrestling Organizations.   This language was agreed to in 2004 by myself, Representative Powell & Les Schneider.  We discussed that by licensing all promotions and getting reasonable reports of their activity the commission could monitor this entertainment form.   This would also help prevent “outlaw” promotions or promoters from outside our state from coming into our state and potentially ripping communities off.  In essence Georgia promoters and the commission would work together to protect the Georgia Professional Wrestling business and its fans.

 

The lawmakers intended no additional fees yet the commission wishes 5% of the gate as a regulatory fee.  I see no language in the law that begins to suggest that a 5% fee or tax neither were the intent of the lawmakers nor is even permitted.  There is a 5% “tax” on a boxing gate, but that’s the only reference to 5% in the law.  Is the commission attempting to tax wrestling companies couching it as a “regulatory fee”?    Can this commission tax?  Did not the lawmakers under FEES make it clear that only a $100 fee was required? 

 

The commission wants wrestling promoters to obtain a Surety Bond for each show.  What is the purpose for this cost to promoters?   Who does this protect?  This is just another attempt to add fees to wrestling shows, fees the lawmakers never intended.

 

The commission want an ambulance and 2 EMTs at all shows, and a physician at ringside.   This is yet another attempt to simply add cost to a wrestling event with no due diligence of a need.   Athletes are hurt at nearly every boxing or martial arts event because the athletes are trying to hurt each other.  An   ambulance, EMTs & a doctor may be needed there.  Wrestlers rarely get hurt and all performers are trained to protect each other and not get hurt.   An ambulance, EMTs & a doctor are not needed at wrestling performance, just like they are not needed at stage plays or ballet performances in the state of Georgia .  We have an excellent 911 system in place for unexpected medical emergencies in our State, protecting all of us in our day to day lives and as we work & play.   I challenge the commission to document injuries in Georgia Professional Wrestling rings.   They will waste their time trying.  This is simply another additional fee that the commission is attempting to impose under the guise of “protecting” the performers.   All that will happen is three more people, 2 EMTs and a doctor, will get paid to watch a wrestling show.

One final concern I have is that one of the commissioners, Cary Ichter, may be in a “conflict of interest” given statements he made to the press concerning Professional Wrestling and the WWE that are clearly tied to his legal representation of an individual and/or estate who may sue WWE.  When addressing provisions in Georgia State Law O.C.G.A 43-4B , Mr Ichter said that he would make “sure that exemption is pulled from the law". "I want to make sure we have a way to protect folks in Georgia from the shenanigans of the WWE."  He has a professional agenda tied to his representation of a client.  This creates a “conflict of interest” as he serves on the Georgia Athletic & Entertainment Commission.   His concern is his client’s case first, and has made many public statements referencing that.  His statements are made without reference to facts and are intended to serve only the interests of his client and his case, neither of which have anything to do with the business of Professional Wrestling in Georgia nor are what the lawmakers intended in Georgia State Law O.C.G.A 43-4B.  I do not believe the members of this commission are serving as lawmakers.

I plan to attend the meeting on December 18, and will want to address the commission.  

I suggest the commission withdraw the proposed rules.  The commission should communicate with the promoters in Georgia , and with their help make sure all promoters are licensed and then develop with the promoters a form of reporting to the commission so the commission is aware of where wrestling is promoted, how often and by whom.  That is the intent of Georgia State Law O.C.G.A 43-4B.

 

Bill Behrens
TNA Bookings Director
Show Business, Inc