Update December 6, 2023 – California is considering using their ‘exhibition’ regulation which allows alternate rulesets to usher in this potential event. The relevant section reads as follows:
“Recognizing that different forms of martial arts exist, notwithstanding any rule in this division to the contrary, the commission may, in its discretion, authorize alternate rules or provisions from time to time for full contact martial arts championships and exhibitions so long as the safety and welfare of the contestants and the public are not jeopardized.”
This ‘exhibition‘ exception still requires the ‘alternate rules‘ event to be a “martial art”. It does not override the limits of sports CSAC can oversee in its parent legislation. It is difficult to see how defenseless brain trauma can meet the statutory definition of ‘martial art‘.
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On December 9, 2023 the California State Athletic Commission will have a public meeting where agenda item 7 askes them to take possible action on greenlighting Slap Fighting as an approved combat sport. This raises an interesting question. Jurisdiction.
Nevada approved slap fighting last year. The Nevada commission has jurisdiction to oversee ” “any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury.” Slap fighting meets this definiion.
Athletic Commissions are creatures of statute and all statutes are not the same. California’s does not read like Nevada’s. Instead of being able to oversee all events with blows that may inflict injury, California’s Athletic Commission enjoys jurisdiction over boxing, kickboxing and “martial arts”.
Their legislation goes on to define martial arts as follows:
It incudes “any form of karate, kung fu, tae kwon do, kickboxing or any combination of full contact martial arts including mixed martial arts, or self-defence conducted on a full contact basis…”
Slap fighting is not karate, kung fu, tae kwon do, kickboxing or MMA. Slap fighting is also not ‘self defence’.
In fact the fundamental difference slap fighting has from all of these sports and martial arts is that they require contestants to defend themselves at all times. If they cannot intelligently defend themselves the bout is over. That’s where slap fighting begins. It makes defence illegal. It forces participants to not intelligently defend themselves. It is not a martial art. It begins where actual combat sports end.
The CSAC know they have limits to their power. In fact they get so many questions about issues outside of their scope that their ‘contact’ page on their website lets people know there are a host of things they are powerless to address.
When interpreting the above sections its also worth noting that “Protection of the public” is the “highest priority” according to the legislation creating the CSAC. This casts further doubt on the CSAC’s ability to approve an event that prohibits contestants from protecting themselves.
The ultimate question is does the CSAC even have legal jurisdiction to approve slap fighting? Unless and until a court answers this nobody knows for sure. In the meantime I welcome the views of any California based attorneys to this question.
Combat Sports Law 