Tyson Bites

Tyson's Bites

What to do in aftermath of amputation of Holyfield's ear

Las Vegas, July 1, 1997 -- The title for the movie could be "two bites that shook the world." But no one would believe the script.

Mike Tyson's attempts to portray Count Dracula during his heavyweight championship bout in Las Vegas may result in disciplinary punishment, contractual discharge and possible tort and criminal actions. Tyson was disqualified from the fight after he bit the right ear of Evander Holyfield, ignored a warning from the referee and then bit his left ear. A piece of Holyfield's right ear fell off and reconstructive surgery was performed after the match.

To say that these actions add another stain to a sport already suffering from a reputation for sleaze and shame is an understatement. The question is what will happen to Tyson in the wake of his assault. At this time, the answers are unclear, but many possibilities exist.

Disciplinary Action. Tuesday's decision to temporarily suspend Tyson and withhold his $30 million purse pending is just the first step in a process that may result in a long-term suspension. The Nevada State Athletic Commission formally asked the District Attorney's office to draw up a complaint against Tyson for biting Evander Holyfield's ears in their heavyweight title fight. The commission also voted to hold a formal disciplinary session next week during which Tyson could be fined and/or receive a lengthy ban from boxing.

The Commission's determination will affect Tyson's right to box in other states. In a remarkable coincidence, certain provisions of a Federal statute, the Professional Boxing Safety Act became effective on July 1 that recommends other states to recognize that suspension. So, a suspension would affect Tyson's boxing career, especially if the Nevada Athletic Commission prohibits Tyson from boxing in the United States. Nevertheless, it would not ban him from the ring in foreign countries.

The $30 Million Purse. The Nevada Athletic Commission froze the monies pending an investigation but only fined him 10 percent, or $3 million. Though not very likely, Tyson could lose more of it based on a breach of contract theory in a lawsuit brought by the sponsoring organization, the MGM Grand Hotel, Showtime cable television, or Promoter Don King. Tuesday, a Florida attorney filed suit against Tyson on behalf of the pay-per-view subscribers who paid about $50 for the privilege of watching the event. There may a good deal of money to sue for as Showtime Event Television (SET) estimated that the Holyfield-Tyson rematch "drew a record of almost 1.9 million pay-per-view buyers," breaking the record of 1.6 million buys from the first Holyfield-Tyson bout in November. SET estimated the PPV gross at about $95 million. If there are many of these suits, some relief in the form of damages from Tyson's take could be awarded.

Contracts with sponsors. Tyson has completed five of six fights of a $100 million contract with the MGM Grand Hotel -- a contract certainly to be voided if he is banned from fighting in Nevada. Tyson is also halfway into a three-year, $60M contract with Showtime that could also be in jeopardy. A loss of these contracts also may affect the promoter of the fight, Don King, who, despite his sordid past, has obtained a near monopoly on the control of major boxing matches for the last 25 years.

Criminal and Civil Claims. Here is the most intriguing questions: that of the prosecution of Tyson or criminal charges or a civil tort action by Holyfield for injuries caused by Tyson's assault. Prosecutors rarely pursue criminal cases against athletics for injuries in athletic contests. And the cases prosecuted have produced mixed results. Given the nature of boxing, probably the most openly brutal of all athletic competition, a criminal case resulting from an assault is not a likely prospect.

Prosecutors would have to show that Tyson did not act in self-defense. Tyson has claimed that he took this action because of Holyfield's unpunished head-butting that went in earlier in this fought. Head butts are illegal, but not an uncommon action in a boxing match. They may be accidental (and not penalized) or intentional (rending punishment by the referee, usually by a point deduction). Nevertheless, the evidence of the number of bites (two), Tyson's failure to put on his mouthpiece at the beginning of the 3rd round (he did after being warned) and his subsequent act of spitting it out during that round, marks the actions of a man intent on causing injury. Still, difficulties exist. A few boxing coaches interviewed have stated that biting an opponent in the ring was not unheard of.

An additional point bears mention: immediately after the conclusion of the fight, video shows Tyson attempting to punch two police officers, an act that could violate the terms of his parole (which he received after serving three years for his rape conviction in Indiana).

A civil act for assault filed by Holyfield. Like their criminal counterparts, an athlete rarely brings an action against another. Athletes do not like to settle their scores in the courtroom and such suits could bring adverse public reaction. But it can be argued that the circumstances of this case are so bizarre, even for professional boxing, that the general defense of consent or immunity may not be applicable. Mike Tyson's actions have focused a new spotlight on this often sordid sport. However, despite all the legal issues, once the suspension ends and lawsuits are settled, do not be surprised if we see Tyson back in the ring and fans paying millions more to see him.