By Bill Koch
The Cincinnati Enquirer

A ruling issued Monday in a Columbus federal court eliminates the NCAA's ability to restrict Division I basketball schools' participation in early-season tournaments.

United States District Judge Edmund Sargus Jr. ordered the NCAA to stop limiting schools to two appearances in the so-called exempt tournaments every four years.

In an exempt tournament, a school can compete in as many as four games, but count them as only one against the maximum a team can play during the regular season.

Cincinnati-based World Wide Basketball was one of four tournament promoters who brought the action against the NCAA. It was represented by Cincinnati attorneys Stan Chesley and Bill Markovits.

"It's been over a four-year battle for me personally," said Chris Spencer, who runs World Wide Basketball. "I was so grateful to Stan Chesley and the group he put together to take this thing on. Without them, we would have had no shot. They took it on a contingency."

Spencer said he approached several other attorneys, but none would agree to do it on a contingency.

Chesley, who's also involved in legal action against the NFL in connection with the death of Minnesota Vikings offensive lineman Korey Stringer two years ago, jumped at the chance to take on the NCAA.

"I just thought it was the right case," Chesley said Tuesday. "My bottom line is that the NCAA is a fine institution, but they're not above the law.

"If ever there was a case I loved, it was this case. A lot of the colleges are so frightened of the relationship (with the NCAA). They're scared to death of them. They should be an arm of the colleges."

Chesley and Markovits argued that the NCAA rules that limited appearances in such tournaments as the Maui Invitational and the Great Alaska Shootout consisted of restraint of trade.

The NCAA regulations took effect for the 2000-01 season.

In a 38-page opinion, Sargus issued a permanent injunction against the NCAA, preventing it from enforcing the rule after finding that it violated federal antitrust laws.

"We're disappointed with the decision reached in this case," said Jeff Howard, director of public and media relations for the NCAA. "The NCAA thinks the ruling is wrong. It seems clear the association, through its legitimate process, should be able to regulate the season rather than promoters of exempt contests."

Howard said the NCAA is reviewing the ruling and has not decided if it will appeal.

"If you look at the numbers from the student-athletes' welfare standpoint, these games count as only one game," Howard said. "To have that opportunity to do that every year impacts several issues with regard to the student-athlete's welfare."

Chesley said he will also seek monetary damages from the NCAA.

"These folks have lost a lot of money," Chesley said of the promoters. "And they continue to lose a lot of money. On the damages we go to the jury."

The ruling left Spencer to try to put together three tournaments at a time when most schools' schedules for this season are almost complete.

World Wide Basketball hopes to conduct four tournaments this year - three in Las Vegas and one in Pittsburgh. He said he would like to have the University of Cincinnati participate in one of those tournaments.

UC, which was not allowed to play in a tournament this year under the NCAA's regulations, is now eligible because of the ruling.

UC associate head coach Dan Peters, who does most of the team's scheduling, said he didn't know if the Bearcats would participate.

"My guess would be that until we heard something from the NCAA, we wouldn't do anything," Peters said.

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E-mail bkoch@enquirer.com