Jeremy Bloom's case against the NCAA enters its next phase April 7 when the Colorado Court of Appeals is scheduled to hear an appeal of the trial court's decision to not grant the University of Colorado, Boulder, football student-athlete a preliminary injunction.

Bloom, who also is a world-class moguls skier, is suing the NCAA for the right to do endorsements and make money to support his skiing endeavors, while still retaining his amateur status so he can play football at Colorado. Bloom recently decided to take endorsements to fund his pursuit to make it to the Olympics in 2006, despite NCAA rules against such practices.

In July 2002, the school requested a waiver that would permit Bloom to play football and pursue any television and film opportunities while a student. The NCAA denied that request, and Bloom subsequently filed a lawsuit against the Association.

Linda Salfrank, an attorney representing the NCAA in this matter, said the current appeal by Bloom is not an appeal of the merits of this case, but rather an appeal of the denial of his request for a preliminary injunction. "The NCAA was prepared to move forward in the trial court (after a preliminary injunction was denied)," Salfrank said. "This is just an appeal of his request for a preliminary injunction; so technically, a trial on the merits -- a full-blown trial -- is still to be held at the trial-court level. The NCAA was prepared to go ahead and get that trial over with, but Jeremy's lawyers requested that that proceeding be stayed until this appeal was heard."

Salfrank said she was confident that the NCAA would prevail in the appeal.

"In Colorado, the trial court's findings are given a great deal of deference. For example, the trial court found that the NCAA's rule-making process was fair. That finding cannot be overturned because it's supported by the evidence," she said. "The NCAA is confident that the trial court's decision was based on law and was supported by evidence provided during a two-day hearing," Salfrank said.

NCAA regulations state that Bloom may ski professionally and accept benefits, prize awards and complimentary ski equipment provided he does not promote or advertise any commercial product. Also, he would not violate any regulations if he had previously promoted products but took steps to discontinue this practice within a reasonable time of becoming a student-athlete. Regulations state Bloom also could continue modeling if the contract pre-existed his becoming a student-athlete, provided he does not make appearances endorsing the products.

However, NCAA rules state that student-athletes who wish to pursue television roles in front of the camera are not eligible for amateur intercollegiate competition.

Bylaws 'rationally designed'

Bloom's request for a preliminary injunction was denied in August 2002 by the state district court in Boulder County. That denial, which Bloom asked the court to reconsider, was upheld in October 2002.

In denying the request for a preliminary injunction, the judge wrote that the NCAA has a structured and reasonable method for adoption of legislation, and the failure to not grant the waiver was not arbitrary.

"...I cannot substitute my judgment for the judgment of the NCAA regarding the rule-making and the administrative process by which it seeks to achieve its objectives," the judge wrote in his decision. "The eligibility bylaws at issue are rationally designed to achieve the NCAA objectives of amateurism and the success of student-athletes. The administrative review process is substantively rational and procedurally fair.

"I think that an injunction would probably not pass muster under the Commerce Clause and diminishes the likelihood of success on the merits...," the judge wrote.

The judge also said in his decision that the harm to the NCAA and Colorado in granting the injunction "is more far-reaching, especially because it could harm other student-athletes, than the harm to Mr. Bloom."

However, the judge also stated his belief that an accommodation without court involvement could have been reached in this case.

Salfrank noted that the NCAA did initiate discussions with Bloom in an effort to resolve the case outside of the courtroom, but Bloom's agents wanted him to be able to be engaged in far more commercial activity than the membership rules would allow.

An appeal of the trial court decision was filed last fall, and Salfrank said it will likely be a few months before a decision is released by the appeals court. If Bloom loses his appeal, he can ask the Colorado Supreme Court to review the case, she said.

Hearing at Colorado

The appeals court, which consists of a three-judge panel, will hear the case at the University of Colorado law school. Divisions of the Court of Appeals sometimes travel to various parts of the state to hear oral arguments in cases that have been appealed from the state trial courts.

Colorado also is a defendant in this case.

"It is very common for the Court of Appeals to sit in different locations and also to provide an educational opportunity for law student an so while it is unusual for the NCAA to have to argue its case in front of the student body, it's not unheard of," said Salfrank, adding that attorneys for both sides will answer general questions from the law students after oral arguments.

Salfrank said the Court of Appeals hearing will last one afternoon. Bloom's lawyer will have 20 minutes to make his arguments, during which time the judges may ask any questions. After Bloom's lawyer is done with his initial presentation, Salfrank and a lawyer from Colorado will have 20 minutes altogether to respond. Again, judges may ask any questions they wish during this time.

Bloom's attorney then has an opportunity for rebuttal.

Bloom is not a full-time student at Colorado this spring, having taken time off to compete on the World Cup circuit in skiing. Bloom has said he intends to enroll full time in the fall and intends to play football for the Buffaloes.

"It is also my intent to continue my education at the University of Colorado and return to the football field for my junior season," Bloom wrote on his Web site. "I have never been a quitter and I would never turn my back on the CU football program or my teammates. My desire to play college football is equally strong as is my desire to win an Olympic gold medal."

NCAA officials say they understand Bloom's desires, but that it's important he follow his dreams in the context of NCAA regulations.

"Mr. Bloom has talked about his dream to be an Olympic skier and a football student-athlete at the University of Colorado," said Wally Renfro, senior advisor to NCAA President Myles Brand. "He could do both, and we hoped he would. The U.S. Ski Association will pay his training costs and he has a football grant-in-aid at CU. He is the rare athlete who can excel in two sports at two levels of competition.

"Unfortunately, his agents want him to exploit the business opportunities available through his commercial appeal," he said. "There is little question that he could be a successful businessman in that world, but those business opportunities are not available to student-athletes according to the will of the membership."