Texas sues NCAA for misleading fans in “women's sports'' where men compete

Texas sued the NCAA for marketing women's sports as “women-only,” contrary to the association's rules that allow men who identify as “transgender women” to play with women.

The lawsuit accuses the NCAA of defrauding consumers of money through “false, deceptive, and misleading practices through the advertising and sale of goods and services.”

Led by Texas Attorney General Ken Paxton, the state asked the district court to give the NCAA two options. It could ban men from participating in college athletics in Texas or stop promoting women's sports as “women's” sports.

accusation

The five-count, 57-page lawsuit describes a “female” as an “adult human female.” He also mentions the definition that “sex is universal and has been the same throughout human history.'' And in fact, from 1906 to 2019, this organization understood “women” that way.

Additionally, allowing men to compete with women is “inherently unfair and unsafe” because of the obvious physical advantage. When authorities allow men to enter women's sports, they deprive women of “titles, records, medals, scholarships, and opportunities to win.”

And the important thing is:

Consumers do not purchase goods and services associated with women's sporting events to watch men steal medals and records from female participants. When consumers purchase products or services related to women's sporting events and then discover that men are competing, they invariably react with disgust and anger.

In this way, the lawsuit alleges, the NCAA is deceiving consumers, especially those interested in women's sports, which are increasingly popular.

Considering that sporting events advertised as “for women” do indeed have a “mixed” mix of men and women, this organization's “false, misleading and deceptive conduct” leaves consumers “confusing.” ,” the lawsuit states.

The NCAA is making a ton of money in women's athletics. For example, the women's basketball tournament saw a “10-fold” increase in consumer demand, with Final Four tickets reaching $800, the lawsuit alleges. The 2023 NCAA Division I Volleyball Championship drew approximately 20,000 fans and premiered on ABC. The tournament attracted 1.7 million viewers.

The lawsuit also introduces the history of women's sports organizations, including the LPGA (Ladies Professional Golf Association). The group's real female members say it's unfair and that men's performance advantage in driving the ball is estimated to be around 30%. He demanded that the organization ban him from participating.

“The anatomical differences between men and women affect the adjustment of clubhead speed and stability during ball contact,” the female golfers explained in a letter to LPGA brass.

Women have higher average heart rates and face greater physiological demands, especially while playing at high altitudes. Anatomical differences are not eliminated by testosterone suppression in men. There is no way to turn a man into a woman. Being a woman does not mean being a less physically fit man.

Non-disclosure

However, the NCAA “does not disclose to consumers that participants in women's championships and tournaments are male.” The organization engages in false, deceptive, or misleading conduct because it uses “'women'…without qualification.”

The complaint goes on to argue that consumers don't want men, or “transgender women,” in women's sports, citing several amusing examples of men pretending to be women and winning events in the early 1920s. This caused outrage from fans.

“In 2022, we learned that Leah Thomas, a man who competed in men's swimming but underperformed, competed in the NCAA women's swimming competition, stole medals from women, and erased records held by women. , the attendees and female participants were appalled,” the lawsuit states. Observe.

The lawsuit correctly explains that men competing against women is akin to athletes taking performance-enhancing drugs. Just as those drugs give an advantage over players who don't take them, “male biological characteristics confer important physical advantages over female biological characteristics.”

The lawsuit enumerates countless ways that men are better athletes than women. And even if they take “cross-sex hormones,” men “cannot significantly lower their testosterone levels, even if they reach the same estradiol levels as women.”

The complaint cites the American College of Sports Medicine as follows:

• Biological sex is a determinant of athletic performance. Adult males are faster, stronger, and more powerful than females. The fastest and most powerful males outperform the fastest and most powerful females.

• Gender differences in athletic performance that require endurance or strength are approximately 10% to 30%, depending on the requirements of the event. Gender differences in performance are greatest in sports that rely on strength, such as weightlifting and jumping.

And again, “testosterone suppression” doesn't change that.

As a result, the lawsuit was dismissed as safety concerns for women were raised. The article claims a man brutally spiked volleyball player Peyton McNabb in the face, leaving him with brain damage and partial paralysis.

five count

But the crux of the lawsuit concerns the NCAA's deceptive marketing of women's events as if they were strictly for women.

The first count accuses the NCAA of “engaging in false, misleading, or deceptive acts or practices in the conduct of any trade or commerce.”

Count 2 alleges the group is “causing confusion and misunderstanding regarding the origin, sponsorship, endorsement, and certification of goods and services.” Consumers reasonably believe that the NCAA approves or certifies that participants in its “women's sports'' are actually “women.'' ”

The third count states that the organization represents “an amount of sponsorship, endorsement, status, affiliation, or connection that the organization does not have or that the person does not have.” “While participation in 'women's' sporting events is limited to biological females, in fact biological males are also permitted to participate,” the NCAA said in a statement.

Countfor alleges that the NCAA promotes “products and services with the intent not to sell as advertised.”

And the five argue that NCAA advertising leads consumers into a deal they would avoid if they knew the truth: a man competing as a woman.

The lawsuit asks the court to either block the NCAA from allowing men and women to compete in Texas or stop using the term “women's'' in reference to women's sporting events where men are allowed to compete in Texas. We are calling on the NCAA to request that the .

“This is amazing,” former NCAA swimmer Riley Gaines wrote in X. “Hit me where it hurts I wish more states would do the same.”

Gaines was forced to compete with Thomas.