It should be clear to anyone who reads these rants that I am a big fan of NFL football; I am not someone who thinks the league is evil or exploitive. Having said that, the NFL has suffered two recent setbacks in two different courtrooms, and I am happy to see those events.
Jon Gruden is suing the NFL for a variety of things including defamation and job loss. Back in the days when Danny Boy Snyder was fouling the air with sexual harassment stuff, there was a side issue going on. The Skins’ former team president somehow got into an email exchange with Gruden about “stuff” and some of the content in those emails was “inappropriate”. One other side issue, subsequent to those email exchanges, the former team president and Danny Boy Snyder had a major falling out and wound up in court with each other. And don’t you just know it, those email exchanges with Gruden leaked and Gruden lost his job as the Raiders’ head coach.
Let me be clear, I don’t know all that was exchanged in those emails and I do not condone that sort of behavior among professional adults. But the fact is that Gruden believes he has a case and took it to court. And the league’s position was that it had to be handled under Arbitration as described in the CBA. Here is why Gruden and his legal team fought that:
- The Arbitration proceedings are private. There is no public record.
- The arbiters are chosen by the league (a party to this grievance) and the players union (who does not represent coaches or GMs or team presidents).
- The final decision-maker after all is said and done is the NFL Commissioner who even under the most benign interpretation of events cannot be considered “impartial” in this case.
At the moment, the existing court ruling is that the case will be tried in open court in Nevada and according to a recent ESPN.com report, Gruden’s legal team will seek to have the Commissioner testify – or at least be deposed – as part of the plaintiff’s case. A recent filing by Gruden’s lawyers told the court that discovery could take the rest of this year and that they would seek information from Goodell along with:
“… longtime former NFL counsel Jeff Pash, former Washington Commanders owner Dan Snyder, Raiders owner Mark Davis, Dallas Cowboys owner Jerry Jones and New England Patriots owner Bob Kraft.
“Gruden’s list also includes designees of the New York Giants, Seattle Seahawks, New York Jets and Miami Dolphins. In addition, the filing names Roc Nation CEO Desiree Perez, several attorneys with Washington law firm Reed Smith and former NFL Players Association executive director DeMaurice Smith.”
I have no desire to see the NFL damaged by this process, but I am glad that it will happen in open court just the way any other “wrongful termination” or “character assassination” claim would be handled. The NFL is the “King of Sports in the US”; that does not give it any special privileges when it comes to resolving legal allegations against it.
The second “courtroom sack” for the league involved the Brian Flores allegation of racial discrimination. Flores along with Steve Wilks and Ray Horton claim that they were denied coaching opportunities based on their race and – as in the Gruden affair – the NFL claimed that it had to be handled by the Arbitration process spelled out in the CBA. According to Adam Schefter, last week a court ruled that the case would proceed in court and not in the closed Arbitration process. The attorneys representing the plaintiffs here summed up my sentiments very well:
“The court’s decision recognizes that an arbitration forum in which the defendant’s own chief executive gets to decide the case would strip employees of their rights under the law. It is long overdue for the NFL to recognize this and finally provide a fair, neutral and transparent forum for these issues to be addressed.”
As I said above, I am as big a football fan as anyone; I follow the game closely. However, I am an even bigger fan of the Fourteenth Amendment of the US Constitution which guarantees everyone “equal protection” under the law. And the imposition of the Arbitration provisions of the NFL’s CBA in both cases seems to me to be “unequal protection”. Let the trials begin when the parties are ready…
Finally, I shall close today with some observations by US Supreme court Justices:
“The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.” [Justice Anthony Kennedy]
And …
“Most of the things worth doing in the world had been declared impossible before they were done.” [Justice Louis Brandeis]
And …
“Like other human institutions, courts and juries are not perfect. One cannot have a system of criminal punishment without accepting the possibility that someone will be punished mistakenly.” [Justice Antonin Scalia]
But don’t get me wrong, I love sports………