A federal judge last month dismissed a lawsuit against the Colorado-based U.S. Center for SafeSport, brought by a Florida businessman who disputed the center’s ability to impose misconduct-related restrictions on him.

Derek Strine owns an equestrian event facility that is used for developing horses into Olympic competitors. He is a member of the U.S. Equestrian Federation, an entity under the U.S. Olympic and Paralympic Committees.

Such entities, in turn, empower SafeSport to handle all allegations of sexual misconduct.

In his complaint, originally filed in the Southern District of Florida but transferred to Colorado last year, Strine alleged that two women lodged sexual misconduct complaints against him with SafeSport. Their relationships with Strine had nothing to do with Olympic sports, but beginning in 2023, SafeSport imposed restrictions on Strine, prohibiting him from participating in Olympic-related activities “in any capacity” and from communicating with his accusers.

In addition, SafeSport placed him on a publicly accessible list, which notes “sexual misconduct” next to his name. Strine alleged he received no hearing from SafeSport and no copy of the complaints.

“In essence, Plaintiff challenges the constitutionality of The Center’s claim to possess unlimited jurisdiction to govern all aspects of Plaintiff’s lifetime activities and curtail Plaintiff’s core, fundamental constitutional rights to freedom of expression, freedom of association, and freedom of movement,” wrote attorney Avery S. Chapman.

Among the consequences from SafeSport’s restrictions, Strine alleged his business has lost at least $1.5 million in value, he was unable to travel internationally to the 2023 Pan American Games and he can no longer attend a horse show, even at his own facility.

“Just recently, on June 5, 2024, the State of Florida,” wrote Chapman, “has imposed a ban on the presence of anyone on the List from a state park during a horse show. Essentially, Mr. Strine, a taxpayer in the State of Florida, is now being prevented from entering upon Florida state park lands.”

SafeSport, in seeking to dismiss Chapman’s claims that it violated his First Amendment rights and procedural protections under the law, argued that it could not be possible because SafeSport was not a government actor. In 2014, the then-U.S. Olympic Committee created SafeSport, and Congress subsequently authorized it to prevent and address the abuse of athletes.

But Congress “did not give the Center the ability to wield the power of any federal or governmental agency,” wrote attorney Joseph J. Zonies. He also pointed to a 1987 U.S. Supreme Court decision that held the Olympic Committee “is not a governmental actor.”

In a Sept. 25 order, U.S. District Court Chief Judge Philip A. Brimmer agreed with SafeSport.

“Because the Court finds that the Center cannot be considered a state actor and that Mr. Strine cannot bring constitutional claims against the Center, the Court will dismiss Mr. Strine’s First Amendment claim,” Brimmer wrote.

As for the alleged procedural deficiencies in Strine’s discipline, Brimmer noted the law does not provide a right to sue, and only states that civil actions are available for victims of abuse.

Finally, Brimmer disagreed that Congress unconstitutionally delegated federal enforcement authority to SafeSport, reiterating the Supreme Court’s 1987 conclusion that coordinating amateur sports is not a government function.

The case is Strine v. The U.S. Center for SafeSport.