In November 2009, Jorge De Leon, a war veteran who lost his leg in Afghanistan when a roadside bomb exploded under his Humvee, participated in the first “Heroes Fighting Championship,” a mixed martial arts event that was held at the Ft. Sam Houston Army Post, San Antonio, Texas, and promoted by the Texas Amateur Mixed Martial Arts Association (TAMMA). The bout drew the attention of the Texas Department of Licensing and Regulation (TDLR), the agency that regulates combative sports in Texas, because it asserts that TAMMA violated its own rule that prohibits fighters from wearing “metal, straps, buckles, necklaces, jewelry, or other objects (including piercings) that may cause injury to either fighter.” The notice of alleged violation that TDLR submitted to TAMMA president Chip Thornsburg states that by “allowing a contestant with a metal-based prosthetic leg to fight in a contest,” TAMMA “failed to insure” the fighters’ safety.
De Leon, who wears a prosthesis on his lower right leg, had argued that the padding on his metal leg provided adequate protection to his opponent; a ringside physician agreed, according to an article at Statesman.com, an online Austin, Texas, newspaper. De Leon lost the fight.
The agency fined Thornsburg and TAMMA. Thornsburg protested and in April the case was heard by an administrative law judge.
In his proposal for decision published at the beginning of August, Judge Richard Wilfong determined that because the fight was held on a federal military base, the bout was outside the state agency’s jurisdiction. Thus, it had no standing to fine TAMMA and Thornsburg.
“This case [should] be dismissed with no action taken against” Thornsburg, Wilfong wrote.
While the proposed ruling represents a win for De Leon and Thornsburg, it leaves unanswered the question of whether a person wearing a prosthesis can legally compete in sanctioned fighting events.
The question may yet be answered, however. TDLR spokeswoman Susan Stanford said the agency was likely to appeal the decision, meaning the case could end up in a legal re-match.
