I think we need to separate a few things here.
1) Athletes' rights overall.
2) The so-called injustice to Lauren Fleshman in this case.
In general, it doesn't seem right that athletes are basically forced to run some races for free (USATFs) but can't wear logos. Back when we were competing and had no sponsorship really, it angered us a great deal when we were told we couldn't where the LetsRun.com jersey at USAs.
We had to pay a couple hundred to register LetsRun.com as a national running club to get the letsrun.com jersey into USAs.
So on this front, we feel the athletes' pain.
That being said, I also think the athletes are a bit unrealistic.
They seem to think there is a "ton of money out there" that these evil meet promoters are keeping from them. In reality, there isn't a whole lot of money out there - except in the marathons - and it has to be spread very thin.
How many NBA players are there? 12 x 30 = 360. Think about how many pro track and field people there are just in the US alone. A ton. There is something like 20 events per gender. Let's say there are ten per event trying to make it (in reality there are more). That's 400 pro track athletes in the US alone.
If running were treated like the NBA, a lot of the US pros would be in the minor leagues - scraping by just like a minor league baseball player scrapes by often in the US.
An NFL player can't wear logos of tatoos on his jersey and it's not an injustice because they are paid handsomely.
It's an in injustice in track and field when athletes aren't paid well. That certainly wasn't the case here. I'm not an agent, but I'd be stunned if Lauren Fleshman didn't make at least $20,000 for running New York. It wouldn't shock me to learn she made $50,000. An agent would have a better idea than me.
So she was paid a lot to run the race. I'd argue it was probably one of, if not the #1, the most lucrative 2:37s in history. And the fact of the matter is, she wasn't really ever going to be on TV in the race as she ran 2:37:23. Her tatoo wasn't going to get publicity or tv time. It's like in a lawsuit - there has to be damages.
By not allowing her to wear the tattoo, she actually has gained handsomely. The 'outcry' has gained her a lot of publicity.
Savvy marketing by Lauren if you ask me.
I remember when Doug Logan took over USATF. He wanted to have all the athletes do a series and had all these ideas for marketing the sport. The problem is you can't control the athletes unless you pay them. They do control the uniforms, which is unfair when the athletes aren't being paid.