Garrett v. New York State Athletic Commission

82 Misc. 2d 524 (1975)

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Garrett v. New York State Athletic Commission

New York Supreme Court
82 Misc. 2d 524 (1975)

Facts

Jacqueline Garrett (plaintiff) applied to the New York State Athletic Commission (commission) (defendant) for a boxing license. The commission denied Garrett’s application because Garrett was a woman; the commission’s rules disqualified women from being issued licenses. Garrett sued the commission, seeking an order requiring it to issue her a license. The commission moved to dismiss Garrett’s complaint for failure to state a claim, arguing that issuing licenses to women would be inconsistent with the public interest and the best interest of boxing generally and thus would contravene the commission’s legislative mandate. Specifically, the commission primarily argued that (1) boxing’s public image was as a manly sport, which would be destroyed by allowing women to box; and (2) women boxers might unduly endanger their reproductive organs and breasts, and the commission was charged with protecting boxers from serious injury.

Rule of Law

Issue

Holding and Reasoning (Frank, J.)

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