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Court Says State Law Trumps NFL Drug Program
September 29, 2009

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News Summary

A federal court has ruled that two Minnesota Vikings players have the right to challenge their NFL-imposed suspensions for violations of the league's drug policy in state court, a ruling that could have major implications for all drug programs run by professional sports leagues.

The New York Times reported Sept. 19 that the ruling by the United State Court of Appeals for the Eighth District, if applied by other courts, could allow athletes in all sports to seek review by state courts even if their union agreements subject them to league discipline for drug violations.

"This is the most significant legal challenge we have ever seen to the collectively bargained drug-testing programs in this country," said Travis Tygart of the United States Anti-Doping Agency.

Many states, including Minnesota, have laws that are considered friendly to workers, which could encourage athletes to challenge suspensions or other league-imposed penalties in court. "Why should a football player not have the same rights that a person in Minnesota has?" said lawyer Mark S. Levinstein. "The idea that the NFL is more important than the views of state legislators is ridiculous. The NFL is just confronting what most businesses have to deal with, which is different laws in different states. That is just how our country is set up."

"We have players subject to two sets of rules -- six months from now, who knows how many," said Jeff Pash, the NFL's chief counsel. "The state law issue has cast a needless cloud of uncertainty over the way in which the program is going to operate. For the first time, we have an effort to attack the program through the vehicle of one state's law, and the union's failure to stand behind the collectively bargained program has compromised it."

COMMENTS ON THIS ARTICLE:

Posted by jdelancey on 29 Sep 09 11:26 AM EDT
Seriously! The state is going to impose less strict rules on professional sports? Don't companies have the right to suspend or sanction workers for being under the influence at work in Minn? If these football players don't want to abide by the rules of their contract then maybe they should not be playing. Hoe much more privelige do they need?

Posted by Lisa on 29 Sep 09 12:59 PM EDT
What do you mean why shouldn't they have the same rights as other "person in Minnesota"? They are not generic citizens, they are celebrities who get paid crazy salaries for using their bodies and minds - which drugs affect

Posted by Diane on 29 Sep 09 01:57 PM EDT
On the one hand, I could care less about what happens to a bunch of over-paid, over-privileged athletes. On the other hand, this has set back drug-testing to ensure work place safety at least 30 years.

Posted by Profbam on 05 Oct 09 01:25 PM EDT
First of all, don't get hysterical. Second, the two Minnesota players and another two with NO, tested positive for butamenide, a loop diuretic that in large enough dose may induce enough urine formation so as to dilute the individual's urine and mask a banned substance. Since the drug is rarely used clinically, the NFL decided that a positive result for this substance meant a player was hiding some illicit substance (steroids) and therefore should be penalized. Of course you can only use the drug if you know when your urine is to be collected. There is no other purpose for a drug abuser to take this substance. Presumably, StarCaps added it to their secret weight loss formula in order to make users think they were losing actual weight, but were losing water instead and that is not good when dieting. Third, the weight loss formula, StarCaps, they claimed was contaminated with the diuretic has been pulled from the market. They may have been telling the truth. Fourth, since when can a corporation set rules that abrogates an individuals employment rights under state or federal law? The court stated that the NFL is like any other corporation and must follow the law. Fifth, if you don't like Minnesota's (or whatever state that you live in) laws and regulations regarding workplace drug testing, write your assemblyman and change them.

Posted by Peter Wolczuk on 17 Oct 09 03:17 PM EDT
This isn't directly about whether or not the athlete is suspended. It's about whether the athlete has the right to challenge the legality of the penalty just as any accused person has. If the work is done right by sensibly setting up the testing and the resulting actions then they won't go the the concept of "accused therefore guilty." Doing the job right offsets the power of a few hysteria driven people who attach themselves to a worthy cause and set a precedent of eroding the rights of the accused and, thereby, abuse a worthwhile endeavor in setting such a precedent. Drug testing systems are supposedly created by professionals so, get them to behave in a professional manner which builds a system that can withstand legal challenges. There's a lot of work to be done here and we need methods on our backtrail which aren't installing flaws which bring up side issues.

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