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| Thursday, August 29 Top-ranked moguls skier wants ruling reconsidered By Darren Rovell ESPN.com |
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Jeremy Bloom's battle against the NCAA is not yet over. On Thursday, lawyers for the 20-year-old University of Colorado freshman wide receiver filed a motion in Boulder, Colo., district court, asking Judge Daniel Hale to reconsider parts of his ruling against Bloom on Aug. 15. As a result of the ruling, Bloom -- who is the world's No. 1-ranked moguls skier -- was forced to choose between playing football at Colorado or pursuing a professional skiing career that brought with it endorsement deals. Bloom also couldn't pursue a paid television job, if he wanted to play with the Buffaloes. Although Bloom chose football and could play this Saturday against Colorado State, Bloom's lawyers claim the ruling was mostly based on the interpretation and application of Bylaw 19.8, which they say should be declared "unenforceable." If Bloom had won the case, but the NCAA won an appeal, Colorado would risk forfeiting games in which Bloom played, under the application of the bylaw. The bylaw also stipulates that the NCAA Management Council has the authority to strike team victories, to penalize the school by preventing them from attending any number of NCAA championships and to assess financial penalties, including the possible forfeiture of the school's share of television revenue. Bloom's lawyers maintain that since no student-athlete's interest can ever be bigger than the team's or school's interest, student-athletes never have a chance to receive a ruling in their favor, which is unconstitutional under Colorado state law. "Jeremy's position is that the use of Bylaw 19.8 in this fashion denies any student-athlete of ever having access to the courts to enforce their rights," said Bloom's lawyer Peter Rush. An NCAA spokesperson did not immediately return calls seeking comment Thursday. Rush would not say if Bloom intended to file a separate appeal of the decision. Athletes are prohibited from endorsing products based on their athletic ability. Since the ruling Bloom's agent has severed all endorsement agreements, including deals with Oakley and Under Armour. Darren Rovell, who covers sports business for ESPN.com, can be reached at darren.rovell@espnpub.com.
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