March 30, 2012 Honorable Andrew Cuomo Governor New York State Executive Chamber State Capitol Albany,

New York 12224 Dear Governor Cuomo, In recent years the connection between serious head injuries, particularly concussions, and long term, degenerative brain disease has become quite apparent. Numerous studies conducted by academic and medical research organizations have provided compelling evidence that repeated and / or untreated concussions are linked to high rates of early onset dementia, severe depression, mood swings, chronic traumatic encephalopathy (CTE) and many other serious brain conditions. Professional sports organizations including the NHL, NFL, and MLB have taken notice. In addition to treating the recovery process more cautiously for those athletes who have suffered these head injuries, these major sports have begun to institute policies designed to limit the number of concussions players suffer. In the NFL alone there are currently hundreds of law suits filed by former players seeking damages from the NFL due to mistreatment, ignoring known danger or not recognizing the severity of their injuries. This is in addition to many examples of players who have taken their own lives or died under tragic circumstances and whose brains have revealed evidence of traumatic brain injuries and degenerative disease. This conscious effort by these professional sports organizations to limit the number and effects from concussions stands in sharp contrast to that of mixed martial arts (MMA). The advocates of mixed marital arts, particularly the associated organization of Ultimate Fighting Championship (UFC), have made determined efforts in recent years to lift the 1997 ban on MMA in New York State. They argue significant changes have made MMA better regulated, and overall, a very different activity than the one which was labeled barbaric and banned in 1997. Despite claimed efforts to clean up and regulate MMA, the fact is it continues to expose fighters to serious injury. MMA competitors are subjected to repeated blows from punches, kicks and knees directly to the head as well as choke holds rendering them helpless and possibly brain damaged. Often these fights end within only a few seconds or minutes, as fighters

succumb to devastating blows to the head, knocking them unconscious and ending the fights. Or, as happened in a recent UFC heavyweight championship fight, a fighter knocked semiconscious is subjected to repeated head blows while his opponent sits on his chest. Instead of recognizing the damage of these repeated blows to the head or the long-term effect of knockouts or concussions to the health of the fighters, the UFC actively encourages this activity. At many UFC events, UFC president Dana White offers fighters a best knock out of the night prize of seventy five thousand dollars. MMA, and particularly UFC, encourage rather than mitigate knockouts and concussions. While UFC officials and proponents argue that the type of head injuries suffered by MMA fighters are mild compared to the repeated hits to the head of other major sports including boxing and football, the evidence suggests otherwise. That is, powerful knockout blows, repeated head trauma and concussions have serious consequences on the long term health of athletes. A recent study by National Geographic documents the severity of the hits by MMA fighters which exceed all other sports. Additionally, as MMA is a relatively new phenomenon, there have been no real long term studies such as those conducted by the NFL to indicate the impact to the health of aging or retired fighters. What does this mean for New York State? I believe in addition to the fact that the economic significance to the State of the legalization of MMA has been grossly overstated and that the violent nature of the sport is antithetical to the anti-violence message we are trying to deliver to children and adults, MMA would put New York State in a very precarious position. As fighters begin to retire and the impact of sustained head injuries comes to bear, I believe lawsuits similar to those now exploding in the NFL by retired players, are a very real possibility the State would have to address. Additionally, should MMA become legalized in New York State, we would have to examine the very real issue of the high cost of medical treatment and care for injured and debilitated fighters. In summary, in addition to all the societal, economic, health and public opinion reasons for New York State to continue its ban on mixed martial arts, recent legal activity in other sports indicate that legalization of mixed martial arts in New York State would expose the State to civil litigation by injured fighters. For all these reasons, New York should continue its ban on mixed marital arts. Sincerely,

Bob Reilly Member of Assembly 109th District cc: Attorney General Eric Schneiderman Assembly Speaker Sheldon Silver Senate President Pro Tempore Dean Skelos