The list of otherwise lawful activities enjoyed by Georgia citizens that have been restricted by action of state legislators may grow yet again during the 2008 session of the General Assembly that began this week. Republican advocates of "smaller government" who in the past have pushed legislation restricting smoking in our state and mandated the wearing of helmets by bicycle riders, may this year change the rules governing professional wrestling and bring this heretofore largely unregulated activity firmly within the grip of the nanny state.

Before the Republican majority in the General Assembly can hope to succeed in this latest regulatory gambit, however, it will have to overcome a formidable lobbying effort by a well-entrenched and popular pastime.

(ENLARGE)

Former congressman and U.S. Rep. Bob Barr practices law in Atlanta. Web site: www.bobbarr.org.

Whether viewed as a sport or entertainment, professional wrestling in Georgia is a multi-million-dollar enterprise with hundreds of thousands, if not millions, of fans in communities large and small in all parts of the state (former President Jimmy Carter's mother, Lillian, reportedly was an avid fan). Even its participants acknowledge that professional wrestling relies more on entertainment factors than pure athletic ability for its popularity.

Wrestling had remained largely outside the ambit of federal legislation and oversight, but last summer's murder-suicide by professional wrestler Chris Benoit moved the sport temporarily to the front burner. The recent release of the so-called "Mitchell Report" on steroid use by major-league baseball players, however, served to move proposed oversight of pro wrestling off the front page in Washington. Here in Georgia, wrestling may not be so lucky.

No less a powerhouse than Senate President Pro Tem Eric Johnson (R-Savannah) has indicated he plans to sponsor legislation this session that would increase the power of the Georgia Athletic and Entertainment Commission (commonly known as the Boxing Commission) to regulate professional wrestling in Georgia. Currently, thanks to a 2005 provision exempting large wrestling entities, such as Connecticut-based World Wrestling Entertainment, from its jurisdiction, the commission lacks any effective power over major pro wrestling activities in Georgia. That will change, however, if legislation such as that contemplated by Johnson becomes law.

While the Boxing Commission (headed by former Cherokee County Commissioner and former Atlanta police officer J.J. Biello) has indicated some interest in expanding its power over professional wrestling, at a hearing last month there was such vocal opposition that action was postponed. This deference, however, would be trumped if the General Assembly steps in and legislatively mandates a new and costly set of regulations to which professional wrestling entities such as WWE would have to adhere if they want to operate matches in the state.

The scope of potential legislation and/or regulations is not yet clear, but could include mandates:

• requiring medical doctors and ambulances be present at all professional wrestling events;

• requiring regular and periodic drug and medical tests for wrestlers;

• limiting the duration and frequency of wrestling events; and

• dictating how the matches are conducted.

If enacted, these and other proposed changes, such as limiting even the verbal interchanges between wrestlers and fans (a time-honored occurrence at professional wrestling events for decades), would make Georgia the most highly restrictive state in the union regarding the sport.

The granddaddy of all wrestling organizations, Vince and Linda McMahon's WWE, has indicated in no uncertain terms that if all this were to occur, the organization would pull its sponsorship of events from Georgia altogether. Such a move would be financially costly to our state; and while WWE is sufficiently large to survive pulling out of Georgia in the face of costly regulation, many smaller entities would be unable to meet the financial costs of such regulation and likely would be forced out of business.

Even as some big-city Republican legislators contemplate proposals to regulate wrestling, a number of small-city and rural legislators, representing parts of the state serviced not so much by national wrestling enterprises as by much smaller businesses, are indicating their opposition to enhanced regulation.

In the final analysis, such economic realities probably will have a greater impact on state government deliberations in this arena than arguments based on principles of smaller government — principles that used to be a foundation of the state and national Republican parties.