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Friday, July 19
Updated: July 26, 1:41 PM ET
 
Exempted tournaments suffer major setback

By Andy Katz
ESPN.com

Exempted tournaments were dealt a major blow Friday when a federal judge ruled in favor of the NCAA and denied the motion for a preliminary injunction on the 2-in-4 rule for the 2002-03 season.

Judge Edmund Sargus of Columbus, Ohio, ruled that he wanted to see if tournaments like the ones in Las Vegas or New York would actually fold if the 2-in-4 rule remained for the third of four seasons. Sargus held in abeyance a decision on the plaintiffs' request for a permanent injunction on the 2-in-4 rule. Sargus wanted to see if the plaintiffs can prove "some cognizable danger of violation of the type the antitrust laws are designed to prevent,'' according to the 35-page decision released in the United States District Court in the Southern District of Ohio Eastern Division.

The 2-in-4 rule limits college basketball teams to two appearances in four seasons in tournaments like the Maui Invitational or the Great Alaska Shootout or the Coaches vs. Cancer. Each game in these two-game, three-game and four-game tournaments count as one game toward the maximum 28-game regular-season schedule. Schools are also limited to one appearance in the same tournament every four seasons.

But the rule means that a number of high-profile teams like Duke, Maryland, Connecticut, Missouri and Oklahoma won't be available for tournaments next season because they have used their exemptions. Teams such as Kansas in the Preseason NIT and Kentucky in the Maui Invitational were grandfathered into the rule because they signed contracts before 1998. The NCAA men's basketball selection committee wants teams to play in these tournaments to get neutral court games against each other, especially for mid-major schools.

"We're gratified the judge ruled in favor of the NCAA but our attorneys will take a closer look at the opinion,'' NCAA spokesperson Jane Jankowski said.

Bill Markovics, attorney for one set of plaintiffs that included Worldwide Basketball and Sports Tours, Inc. et al, said he was disappointed in the judge's decision because there will be a loss to "the players and the coaches who love to play in these events.''

Markovics said the tournament organizers could recover damages if the tournaments fold.

"Basically he put it off for a year to see if there is evidence to back what we put in front of him,'' Markovics said. "If that happens then in year four there could be a permanent injunction.''

But a number of tournaments are in serious jeopardy for next season. Chris Spencer, organizer of three Las Vegas tournaments, said he could struggle to fill the fields and doesn't have one filled at this juncture. The Coaches vs. Cancer tournament, the opener of college basketball Nov. 14-15 at Madison Square Garden in New York, has only one team -- Syracuse -- that has an exemption. Texas and Alabama were supposed to be play in the tourney but don't have an exemption.

"We'll have to get back, retrench and figure out what to do,'' said Coaches vs. Cancer organizer Rick Giles of the Gazelle Group. One option would be to count the two games.

Markovics said the attorneys have the right to appeal but it won't matter for next season.

Out of the 28 exempted tournaments, only six of the tournaments have completed their fields, Markovics said. In the top six or seven conferences, Markovics said, the majority of teams have used their exemption. According to the plaintiffs, there were 12 tournaments organized by the Gazelle Group, Sport Tours, Dorna and Worldwide that weren't filled. They were the four-team Coaches vs. Cancer tourney; the eight-team BCA Invitational, the 16-team Guardians Classic, the four-team BCA Classic, the eight-team New Orleans Knockout, the eight-team Hawaii Pacific Shootout, the eight-team San Juan Shootout, the four-team America's Youth Classic, the four-team CoSIDA Classic, the eight-team Las Vegas Tournament, the eight-team Las Vegas Invitational and the eight-team Las Vegas Classic.

The only team remaining in the SEC was Auburn, according to Markovics.

"It makes it almost impossible to get high-profile schools,'' Spencer said.

Andy Katz is a senior writer at ESPN.com.




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