Station on and off the air with our Attorney General, David Yost of Delaware
County, I might end in which she had sent a rather appointed letter to
the NCAA discussing the issue of those two UC Bearcat basketball players that were denied
eligibility for reasons that are species at best. Joining us now somewhere in the
wilds of Houston, Texas, possibly near the southern border, is the great
David Yost, our attorney General. And now it's a few days after the
election. You had threatened to sue the NC DOUBLEA. What is the status
of getting these two players reinstated? If anything, well, as you know,
their administrative appealed or at least disease his administrative appeal was denied by the
NCAA. So I think it's time to go to court. We are in
discussions with some other attorneys general around the country a bipar to some group who
are alarmed at the anti competitive, high handed ways of the NC double A.
It may be more than just Ohio, head of the federal court here
in the next week or so, are we talking about maybe several half a
dozen a dozen other states? Are you now organizing other ags to get these
young men. The opportunity to play is out. Why you're in Texas.
We're in discussions with other states, and that's all I'm prepared to say at
the moment. But I will tell you that I've already reviewed a draft of
a complaint in federal court and yell, hey, if the NC double A
wants to fight instead of talk, baby, I know how to fight,
no question. In fact, you're awfully successful on these on these multi state
lawsuits. Well, what essentially is the argument you want to make that these
two young men who I think this would be either a second or third transfer.
What essentially is the argument other than normally in life these young men they're
not children. I think they're twenty two, twenty three years old. If
somebody in your office wanted to go and work somewhere else in a big time
law firm, you probably couldn't stop them from doing it. And then if
you're in that law firm for like a year and they want to go work
for another law firm or going back into government, the restraint of trade laws
indicate that you have freedom to move. And so what essentially what is your
argument? Well, it's you've just summed it up you're not allowed to control
where other people go and what they do. Now, clearly the NCAA has
some basis to want to not have people jumping in the middle of a season.
Okay, I think everybody would agree with that, And that's similar to
a non compete, you know, the grey Willie Cunningham. I'm guessing.
I don't know, but I'm guessing that there is a line somewhere in a
contract that says you're not allowed to have work for a different radio station in
Cincinnati, if there are any left, and so there are there are.
There are legitimate reasons to have a limited geography and a limited time frame for
that kind of a non compete thing, but this goes way beyond that,
and it's arbitrary. It's a restraint of trade and violates both state and federal
law. And instead of doing what they ought to do, which is sit
down and say, how do we how do we reimagine the nc double A
for a modern environment, they're doubling down and saying we're not going to change.
You can't make us. And essentially, in the good old days,
these basketball players a great note were not paid at least directly above the table
to play basketball, and so you received a free college education in some books,
and maybe fifteen dollars a month to have your laundry done. Now,
in today's world, I don't know this at all. I'm going to talk
with Wes Miller at some point, the head coach. I would imagine these
young men are making like one hundred thousand dollars a year to play basketball at
UC, on which they'll pay taxes. They're like any other workers, having
not signed to non compete anywhere, have the right to give their services to
anyone who is willing to pay the freight and get her done. And so
unlike in years past, you could say, well, there's no money involved,
but possibly it takes away my opportunity to play basketball in the NBA or
in Turkey or in Germany. But in today's world, the fact they're paid
six figures a year to play basketball, and they're paid that over like a
five month period, and by the way we're starting the season, is really
there is train of economic trade. Isn't the argument better for you now that
these young men are actually paid money in a sense to work and this is
keeping them from making a living well to draw a lawyer's distinction. They're not
actually paid to play basketball. They're compensated for the use of their name and
image and likeness. Of course that has only has value because they play basketball.
So it's a distinction only a lawyer could love to But yeah, I
think it's a different world out there now after the Austin decision, which actually
has the seeds of destruction in it for the NCAA's current model. You know,
the case is really strong. I honestly haven't talked to an anti trust
expert who thinks that we don't have a really good case. So we'll see
where it goes. But you know, I know that they know that they're
doing wrong because they're down in the halls of Congress trying to get an anti
trust exemption in cteral law passed through concres. Right, Well, you don't
do that if you think you're on Tarra firma. You only do that if
you realize we're way out over our skis. So the NCUAA is as we
speak this Tuesday afternoon, is working in Washington to make it more legal to
restrain trade. They know they got a problem. Is the NCAA gotten a
hold of the Ohio attorney General to talk about anything or simply issued a press
release saying we're not gonna talk. Are negotiations underway. I got a letter
from them talking about me and the horse that I wrote in on So yeah,
no, no, no, there's Will this be in state court or
federal court? It remains to be seen. I'm thinking probably federal court.
But well you'll see that when we file, and a lot of you know,
it's a complicated decision, right, and so David Yost, the Attorney
General, this decision has got to come down soon by you and the other
ags because the season is ongoing, and so you can't wait a month or
two or three. So you anticipate this happening within the next few days,
well, certainly within the next couple of weeks. I want you to understand
that the players themselves have a private cause of action. They can go to
court and seek a tro just about them. You know, the Attorney General
is enforcing antitrust law against a major national organization called the NC double A.
And while I get the importance of moving quickly, we also have to be
right eight in the way we do it, and we should have to extent
we can bring allies with us in the federal Court from other states. That
makes our positions stronger. So we're moving as quickly as we can consistent with
getting this job done because this once we engage the fight, we've got to
bring home a victory, no question. No. Lastly, I know you're
down there in Houston, Texas. Yesterday Channel nine did a story about stripping
Ohio courts of the power to protect abortion eliminated by the passage of status you
won. Representative Jennifer Gross. I had on Mike de Wine about three or
four days ago, and I brought this up to Mike. I'm sorry,
the Governor Mike de Wine, and I said, Governor, there's going to
be a movement to strip the courts of subject matter jurisdiction. He said,
look, courts have always interpreted the Constitution. I would veto anything of that
character because we voted on this thing. Is this too fresh to wondering in
this area with you? Is the a g or do you stand with Governor
Mike DeWine Or do you stand with Representative Jennifer Gross, who wants the strip
through the legislature. The courts are reviewing abortion laws. Well, look,
there's a big, fat, serious separation of powers problem there. You can't
violate the constitution of the state by passing a statute. And you know,
while the legislative authority is given to the General Assembly, the judicial authority is
given to the courts. And you know, we'll we'll see. I mean,
there's a peace in Jennifer's bill, the at least the draft that I
saw, that basically makes it an impeachable offense. I don't I don't really
know how that would work. Just color me skeptical. Well, I just
don't see how that could be accomplished. I don't, you know, with
every fiber in my being, I agree with her as far as abortion,
which is killing unborn babies that are generally healthy, ninety nine percent, every
fiber in my being says to Jennifer, I agree with the goal, but
to get there, you've got to violate American law. And I can only
imagine what the federal courts will do under the fourteenth Amendment if Ohio would seek
to strip the ability of courts to review constitutional matters. I can only imagine
how far that would fly, which not very far. But I kind of
like where she's headed as far as substantively, but procedurally, it would violate
state law, federal law, international law, every law. But we'll see
what happens. All right. Well, once again, David Yost, thanks
for coming on the Bill Cunningham Show. And we wish you nothing but success
in this case against NCAA. And as you said, the two players have
private causes of action that they can act on quickly without all the state's ag
is getting involved. Is that correct? That's absolutely correct, and from what
I'm hearing that may not be far off. All right, David Yost,
Attorney General, thank you for coming on the Bill Cunningham Show this wonderful Tuesday
afternoon. David Yost, Thank you very much, good to talk to you.
Thank you, God bless America. Let's continue with more Blind becomes available
five one three, seven, four nine, seven thousand or pounds seven hundred
new at and T. And I agree with everything Jennifer Gross is trying to
do. I get that it was a mistake, it was an error.
But nonetheless, Jennifer, to take away the ability of courts to rule on
the constitutionality of a statute is something that's almost anti American. You've got to
have some arbitrator with a whistle and and a zebra shirt calling fouls. You
know umpires, balls and strikes, And so what she wants to do is
take out of the playing field the umpire, and I guess let the batter
call his own strikes and balls. You have three branches of government. You
got the lawmakers, you got the law enforcers. Who's the governor? And
you have the constitutional law deciders as far as whether a statute violates the High
Constitution, whether I like it or not, and I hate it with every
part of a fiber of my being that Ohio now is going to have a
law soon which is abortion on demand from conception all the way through birth for
any reason as determined by a planned parenthood doctor who's performing the abortion. Yes,
your health would be affected, your financial health, your emotional health.
But we have a system in place. I agree with her substantially about abortion
on But to say to the court system in Ohio you can't act on the
constitutionality of a statute is wrong. So let's see what happens coming up later.
We've scheduled Wes Miller. We'll see what occurs. Bill Cunningham, News
Radio seven hundred Wolf. Maybe you missed one of our shows because your car
isn't really hands free. Oops, don't worry. You could get the podcast
of our shows and here what you miss check them out on the iHeartRadio.
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