Spring Break
The Daily OrangeFootball players temporarily stop working at hookah business
By Megan Saucke
Posted: 11/21/08, 1:28 AM EST Section: News
UPDATED: 11/21/2008 10:00 a.m.
Two members of the Syracuse University football team have stopped working at their hookah bar business until football season is over, said manager Courtney Burton.
Sue Edson, assistant athletic director for communications, said the two players are not allowed to have their likenesses associated with the establishment until their athletic eligibility expires.
NCAA rules prohibit athletes from using their names or likenesses to promote a business.
Freshman Mikhail Marinovich and senior Niko Rechul opened Hollywood Hookah, a smoking lounge, on Marshall Street two weeks ago.
The SU Athletic Department told Marinovich and Rechul to stop giving interviews to the press, Burton said. The new restrictions come after criticism of the two players and the SU football team following media coverage of the business.
Edson said the measures were used to help protect the athlete's eligibility.
Marinovich and Rechul still own Hollywood Hookah, Burton said, but their hands-on approach had to be limited.
Rechul declined comment and attempts to reach Marinovich Wednesday night were unsuccessful.
The Daily Orange was issued a cease and desist letter Nov. 14 from SU's Office of Athletic Compliance after a Nov. 13 story on the front page that featured a picture of Marinovich and Rechul in the hookah bar.
The letter requested that "the Daily Orange cease and desist using the names and pictures of Syracuse University student-athletes in association with the articles related to the 'Hollywood Hookah Bar.'"
The photo was "viewed by NCAA rules as an explicit endorsement of the 'Hollywood Hookah Bar' and is not permissible," according to the document, which referred to NCAA bylaw 12.5.2.2.
The bylaw states that if a student-athlete's name or picture is used on commercial items like "T-shirts, sweatshirts, serving trays, playing cars, posters, photographs," or used without their knowledge or permission to promote a commercial product, the institution acting on behalf of the athlete must take steps to stop that activity.
Erlease Wagner, director of athletic compliance, wrote the letter.
"You have a student-athlete's photo being used in conjunction with a promotion advertisement of a commercial entity, which is not permissible," Wagner said in a phone interview.
The Daily Orange is not an entity regulated by the NCAA.
More coverage: The smoking room (Nov. 13)
-- Melanie Hicken and Stephen Dockery contributed reporting to this story
Two members of the Syracuse University football team have stopped working at their hookah bar business until football season is over, said manager Courtney Burton.
Sue Edson, assistant athletic director for communications, said the two players are not allowed to have their likenesses associated with the establishment until their athletic eligibility expires.
NCAA rules prohibit athletes from using their names or likenesses to promote a business.
Freshman Mikhail Marinovich and senior Niko Rechul opened Hollywood Hookah, a smoking lounge, on Marshall Street two weeks ago.
The SU Athletic Department told Marinovich and Rechul to stop giving interviews to the press, Burton said. The new restrictions come after criticism of the two players and the SU football team following media coverage of the business.
Edson said the measures were used to help protect the athlete's eligibility.
Marinovich and Rechul still own Hollywood Hookah, Burton said, but their hands-on approach had to be limited.
Rechul declined comment and attempts to reach Marinovich Wednesday night were unsuccessful.
The Daily Orange was issued a cease and desist letter Nov. 14 from SU's Office of Athletic Compliance after a Nov. 13 story on the front page that featured a picture of Marinovich and Rechul in the hookah bar.
The letter requested that "the Daily Orange cease and desist using the names and pictures of Syracuse University student-athletes in association with the articles related to the 'Hollywood Hookah Bar.'"
The photo was "viewed by NCAA rules as an explicit endorsement of the 'Hollywood Hookah Bar' and is not permissible," according to the document, which referred to NCAA bylaw 12.5.2.2.
The bylaw states that if a student-athlete's name or picture is used on commercial items like "T-shirts, sweatshirts, serving trays, playing cars, posters, photographs," or used without their knowledge or permission to promote a commercial product, the institution acting on behalf of the athlete must take steps to stop that activity.
Erlease Wagner, director of athletic compliance, wrote the letter.
"You have a student-athlete's photo being used in conjunction with a promotion advertisement of a commercial entity, which is not permissible," Wagner said in a phone interview.
The Daily Orange is not an entity regulated by the NCAA.
More coverage: The smoking room (Nov. 13)
-- Melanie Hicken and Stephen Dockery contributed reporting to this story
Viewing Comments 1 - 10 of 12
Kaylen Thorpe
posted 11/21/08 @ 7:05 AM EST
The NCAA has purview over SPORTS. Who the hell are they to think they have control over IF and HOW the media covers them?
An endorsement would mean the DO printed something to the effect of "Smoke at Hollywood Hooka"; this has not happened, and these articles are damn well protected!
Just because your athletes screwed up and have made themselves a laughing stock, and bring further bad image to your sports department, doesn't give you the right to pull bullsh*t rules down over the press's right to report!
Jane
posted 11/21/08 @ 8:52 AM EST
Question: Where was the athletic department before this article? Were they unaware that two of their football players were working on opening their own business?? Perhpas there has to be a little more communication within Athletic communications?
Or, were they unaware and did not expect the negative responses? Did they think it would be okay for two of their football players to own a Hookah bar?
Kevin Smith
posted 11/21/08 @ 10:19 AM EST
I'm no lawyer (or law student), but I'm pretty sure that the DO had every right to publish that photo. That cease-and-desist letter had no basis in law or fact, I bet. (Continued…)
Annabelle
posted 11/21/08 @ 10:35 AM EST
How did two football players have time to open up a business? When I went to SU, I barely had enough time to finish my class work, much less start my own business and participate in athletics. (Continued…)
George Peters
posted 11/21/08 @ 10:39 AM EST
I remember seeing their photo and thinking to myself, "Man, it looks like someone is forcing these guys to take this picture against their will. I knew the DO was EVIL!" Please. (Continued…)
Todd Maisel
posted 11/21/08 @ 2:16 PM EST
Not the NCAA nor Syracuse U has any right to tell a newspaper what they can or can't publish. It is obvious that this was not an advertisement or meant to bring publicity to the establishment. (Continued…)
Aaron
posted 11/22/08 @ 2:38 AM EST
I'd wager the C&D letter lets SU Athletics have something to point to should the NCAA have trouble with it. An odd way to go about it, perhaps, but it does cover their bums. (Continued…)
Debra
posted 11/22/08 @ 3:18 AM EST
There's no reason why the media shouldn't be allowed to cover this story.
In these economic times, for two college football players to open a business - especially a hookah bar, one which clearly is accompanied with significant health concerns - is an interesting story, plain and simple. (Continued…)
matt
posted 11/22/08 @ 5:05 PM EST
Definitely no legal basis for a cease and desist - its called editorial photography!
Stu Walters
posted 11/22/08 @ 10:12 PM EST
new coach should give these two jokers latrine duty until they quit so the scholarships can go to mainstream kids who want to be in shape, be conditioned to win, have the drive to study + to play -- and demonstrate good judgement. (Continued…)
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