Newspaper article The Florida Times Union

Toscano Seeking Interim Changes

Newspaper article The Florida Times Union

Toscano Seeking Interim Changes

Article excerpt

PONTE VEDRA BEACH -- Harry Toscano will file for a preliminary

injunction in a California federal court Monday against the PGA

Tour, seeking interim changes in the size of the fields and

eligibility requirements for Senior Tour events, before his $9

million lawsuit against the Tour goes to trial.

The motion, Toscano's attorney Thomas Casazza said, seeks

fields that correspond to the number of pro-am teams (between

104 and 112) in Senior events. It also seeks increases in the

number of: Monday qualifying spots, from four to eight; sponsor

exemptions, from four to eight; and fully exempt positions from

the national qualifying school, from eight to between 26 and 34.

Senior Tour events usually have two days of pro-am competition,

with 52 to 56 amateur teams each day. Some pros compete both


"We will react to Mr. Toscano's efforts to obtain a preliminary

injunction if and when it is filed," said Edward L. Moorhouse,

PGA Tour executive vice president and chief legal officer. "We

are confident, based on legal precedents, that a professional

sports organization's right to establish the rules and playing

conditions of its competition will be upheld."

William Maledon, a Phoenix attorney representing the Tour, said

he had not seen the actual motion but knew of its details.

"If what I've heard is in the motion, we will oppose it,"

Maledon said. "That's all I can say until I have seen it."

Toscano's lawsuit against the Tour, which was filed in

California's Eastern District of U.S. Court last July, accuses

the Tour of antitrust violations and restriction of trade for

its eligibility requirements for Senior Tour events.

Under current rules, fields are filled first from the top 70

combined money winners from PGA Tour and Senior Tour events,

then from the top 31 Senior money winners from the previous

year, the top eight from the national qualifying tournament and

any event winners during the year who were non-exempt at the

time of their victory. …

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