Do the Right Thing: A Judge Gary Larson Joint
In a ruling that's certain to anger Herr Goodell and the rest of the folks at the NFL offices in New York, Judge Gary Larson today ruled that the league can't suspend Pat Williams or Kevin Williams while they fight their bogus four-game suspensions in the court system.
"Public policy . . . dictates that [the NFL] should not be permitted to benefit from its own misconduct," Larson wrote. "Here, [the NFL] knew Star Caps contained Bumetanide, that players were ingesting Bumetanide, that Bumetanide was dangerous, and withheld information about Star Caps, knowing that players would suffer as a result. [The NFL] created a trap that it knew would result in violations of the program."
In response to the argument by the league that it would be harmed by an injunction, Judge Larson disagreed.
"[The NFL] could have easily avoided this very situation by informing players or teams about what it already knew -- that Star Caps contained a hidden, dangerous substance," Larson explained. "[The NFL] knew that many players were already inadvertently ingesting Bumetanide, and continued to place the health, safety, and welfare of its players in jeopardy, so that Adolpho Birch could play a game of gotcha. The league clearly allowed a half dozen other players to use Bumetanide without punishment."
Translation: "The National Football League is attempting to screw the Minnesota Vikings, and that really shouldn't be allowed to happen."
If you read Pro Football Talk or Kevin Seifert's ESPN.com blog on the NFC North, you'll note that the whining has already started in earnest from Wisconsin and Illinois. I'm not sure why. . .there really wasn't much chance of those teams catching the Vikings in 2010 had the suspensions been allowed to happen, and now there's zero chance of it. But to everyone that's whining about Pat and Kevin Williams getting away with something here, allow me to make a small request of you.
Either present a good, solid argument as to why six other players tested positive for the same substance that Kevin and Pat Williams tested positive for were allowed to get away without suspension, yet the Williams Wall should be suspended. . .or shut up and stop talking about it, because you're embarrassing yourself.
Roger Goodell has chosen to maliciously and arbitrarily enforce his league's drug policy against members of the Minnesota Vikings (and Saints DE Will Smith. . .but, really, who cares) after letting six non-Viking players get away with taking the exact same substance, as well as not letting the NFL know that players were taking a potentially fatal substance solely for the purposes of catching them in the act of doing so. It's pathetic, and the judge in this case has let the NFL know that with his ruling today.
According to Mike Florio at Pro Football Talk, the ruling means that the Williams Wall will likely stand throughout the 2010 season.
Even if the NFL expedites the process before the Minnesota Court of Appeals, nothing in Judge Larson's order suggests that it applies only to the first of two levels available to the Williamses. After the Minnesota Court of Appeals comes the Minnesota Supreme Court, and it would be virtually unprecedented if both levels of appeal were resolved before the end of the calendar year.
Especially since none of the elected officials who'll be handling the case benefit in any way from moving quickly to ensure that the suspensions can be enforced against two key players of the home team.
So there you have it. Roger Goodell has, again, been told that he's not going to get away with this, and Judge Larson's ruling has opened every single bit of the NFL's conduct up to scrutiny from any higher courts that hear the case in the future.
I believe latter-day American philosopher Ice Cube said it best when he once uttered "today was a good day."
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Larson and Goodell should just get together and have a junk measuring contest.
This is beyond ridiculous and it has very little to do with the actual violation any more. It’s all about “you all in the federal gubmint and your fancy collective bargaining agreements can’t tell us what to do.” It’s certainly one of those instances where the judicial system has nothing to do with truth.
What begins in fear usually ends in folly.
by Ted Simmons Speed Camp on May 21, 2010 6:35 PM CDT reply actions
I see it differently
The judge truly believes that what the NFL did was wrong. However, since this is such a unique situation, because you have a state law that contradicts federal law, and a labor agreement that doesn’t specify anywhere that the collectively bargained agreement overrides state law, Larson has essentially punted.
He can see where this case is a landmark one, and a ruling in either direction sets a new precedent—something very unusual for a state judge to do. So he wants an appeals court, with a panel of judges more experienced than him, to set the precedent.
He’s actually ruled correctly, without setting precedent. He’s acknowledged that the NFL is right, but they were wrong in a couple of key areas, and that the Williams have the right to have their case heard by a court of appeals.
If the NFL wasn’t shitting bricks about this, they wouldn’t have tried to cockblock the state court of appeals by going directly to the US Supreme Court. I think they know that they’re wrong, and want to try and cut this off at the federal level, which obviously supersedes the state level. But since a federal appeals court has declined to hear the case, I doubt the Supremes will.
Before you criticize someone, you should walk a mile in their shoes. That way, when you criticize them, you're a mile way and you have their shoes.
Ok.
That’s a legit way to see things, I guess. New law is made at the trial court level, but trial level judges know their rulings will have to be upheld by the appellate court in order to become precedent. I think Larson knows how he’s supposed to rule, but he’d prefer not to, so he’s opting to punt rather than come down in the league’s favor. I can sympathize with that because it’s one of those instances where a bad actor is right on the law. The league might not be the only bad actor here, but clearly they’re the one that has chapped Larson’s ass.
What begins in fear usually ends in folly.
by Ted Simmons Speed Camp on May 21, 2010 8:56 PM CDT up reply actions
I think Larson favors the players case on this
But if he flat out ruled in their favor, it would have a HUGE impact on every sports league, because it would essentially nullify every current sports drug testing program that has been collectively bargained, and it would also bring in to question every professional sports league anti-trust status.
Look, the Williams’ took a banned substance; they say unknowingly. And they have a good case, because they checked with the league’s banned substance list about Starcaps, it wasn’t on there, but the league’s head of drug testing KNEW bumentadide was in it and didn’t give that info to the union. And other players had tested positive for it and NOT been suspended. When this first broke, I thought they were as guilty as every other athlete that had been caught, but as this case progressed, I think they have a legitimate beef.
I don’t think there was any malicious intent to gain a competitve advantage by P or K Williams. I mean, look at them. They’re big guys, but they’re not going to win any body building contests, and their performance hasn’t ‘spiked’. People look at Pat Williams and say he’s 37/38 and playing as well as ever, and that’s true, but he’s playing on first and second down only. So he rotates in and out on a regular basis, and is fresher.
But it does look like there was malicious intent by the NFL by knowingly witholding information from the union about Starcaps and bumentide, and the NFL only made it worse by NOT suspending other players who had been in the same position as P and K WIlliams, but then trying to suspend both Williams; and Charles Grant.
If the NFL does manage to get their collectively bargained drug policy overturned, and in effect every other pro sports labor agreement in the process, they will have no one to blame but themselves.
Before you criticize someone, you should walk a mile in their shoes. That way, when you criticize them, you're a mile away and you have their shoes.
I think the key issue
in favor of the players in this is the arbitrarly way i wich the league was handing out suspensions in the StarCaps case. the league knew that StarCaps contained bemunitide even though it was not listed on the lable. they refused to tell the teams, unions and players that specificaly asked about the hidden ingredients. players that tested positive for bemunitide because of StarCaps were not being suspended prior to Pat and Kevin Williams.
If the previous 6 had been suspended then the league would have at least one leg (albiet a withered and one) to stand on. but by refuseing to suspend 6 previous players the league was saying that the hidden nature of the ingredients in StarCaps was in the leagues view, a mitigating factor. you can’t reverse that decision with out changing something else, otherwise one might come to the conclusion that the league is playing favorites with their drug testing policy.
the League has in no way been able to show how the williams’ case is different from those other 6 who were not suspended. so what is the leagues defence for now applying its policy, when it failed to do so before. a drug testing policy must be applied fairly and evenly with all players otherwise it is an invalid policy.
Will the Real Thor Please Stand Up ... ?
by the Real Thor on May 22, 2010 7:55 AM CDT up reply actions
Unbelievable
If the Williams Wall gets off, so should everybody else. That means Cushing has a case for refusing suspension. All Goddell has to do is suspend them 4 games for “personal conduct”, which is at his discretion.
Expectations don't produce!
You're comparing apples and oranges
And you also shower us with zero knowledge of the case. K and P Williams asked the league about starcaps, and were told that it was not a banned supplement. Cushing knowingly took a clearly banned substance. Seriously, spend 10 minutes doing some research before you post. You do nothing but embarrass yourself with posts like that.
Before you criticize someone, you should walk a mile in their shoes. That way, when you criticize them, you're a mile away and you have their shoes.
by Ted Glover on May 22, 2010 9:41 AM CDT via mobile up reply actions 1 recs
lol Yeah...
cuz there is absolutely no difference between weight loss supplements and steroids… Oh, wait, that’s right. Cushing has a malignant tumour that he… never told anyone about until after the results came out.
In other news
Favre had the damm surgery. We knew he was coming back, this just cements it.
Oh yeah, Goodell is ignorant!
Favre's ankle, Starcaps BS and hopefully a busy Piston offseason, oh my. Go Netherlands/Holland/Dutch Soccer(no its not Football)! Also, Lesnar, Lesnar, Lesnar!!!!!!!
I give him just one.
If we don’t get that ring this season, Pat’s done. I’d be highly surprised if he stuck around.
+1 put it off for another year
Pat gets one more FULL season and gets his ring.
Favre's ankle, Starcaps BS and hopefully a busy Piston offseason, oh my. Go Netherlands/Holland/Dutch Soccer(no its not Football)! Also, Lesnar, Lesnar, Lesnar!!!!!!!
At least with the Vikes there is a chance at a ring
With the Lions its not even a thought. Low blow I know.
Admittedly I’m too cheap to put money on it, all I can do is hope. There is also no guarantee the Vikes will be as good as last year, but he’s(I) got high hopes! The Vikes O-line will have to play better next year to make it possible, but they were one stupid, 12 man on the field penalty away from going to the Super Bowl last year.
Favre's ankle, Starcaps BS and hopefully a busy Piston offseason, oh my. Go Netherlands/Holland/Dutch Soccer(no its not Football)! Also, Lesnar, Lesnar, Lesnar!!!!!!!
+94
NFL………sorry…..but you’ve been SCREWED!
by gerkvoltage on May 22, 2010 11:39 PM CDT up reply actions
Hey NFL...................................
Just give it up already!
Be a Better Organization and Admit you were wrong!
You are always holding Players to the Highest of Standards!
Hold yourself as an organization to those standards!
Brett Favre is the Greatest QB in NFL History, Bar None!
Brett Favre will be back in 2010, Guaranteed!
Brett Favre will lead the Vikings to a Victory in Super Bowl XLV, Guaranteed!
Goodell = Hypocrite
Brett Favre is the Greatest QB in NFL History, Bar None!
Brett Favre will be back in 2010, Guaranteed!
Brett Favre will lead the Vikings to a Victory in Super Bowl XLV, Guaranteed!
by REVENGE4FAVRE on May 22, 2010 1:04 PM CDT up reply actions
+100, +power/ego maniac.
Favre's ankle, Starcaps BS and hopefully a busy Piston offseason, oh my. Go Netherlands/Holland/Dutch Soccer(no its not Football)! Also, Lesnar, Lesnar, Lesnar!!!!!!!
This will hold off the NFL's Appeal until November .
All the big games will be done . The easy 3 of 4 last games seem to cause speculation but the NFL has a tall hill to climb on this subject . The lawsuits will mean $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
this gary larson?

You live and learn. At any rate, you live.
Nothing travels faster than the speed of light with the possible exception of bad news, which obeys its own special laws.
I have been saying since it all came out....
I have been saying this since it all came out, when the news was leaked to the press, before the players were officially notified. “Dirty Hands Cannot Convict”! The NFL had dirty hands by withholding vital information that they knew of, but failed to notify the contract players (employees) of the 32 NFL teams in various States. Yes this is a State matter, not a Federal matter. The NFL Headquarters has duties and responsibilities that they failed to carry out.
I am glad that the Judaical System in Minnesota is one of the best at protecting the individual’s Constitutional Rights, to a fair trial, and to not cave in to pressure ignore the Constitution of the United States first ten amendments!
Everyone we meet in life give us happiness, some by their arrival, others by their departure!
Thank you.....
This just amplifies the fact: COMMUNICATION
If you want things done right, make sure everyone knows about it.
Geez…..4th graders know better than this.
by gerkvoltage on May 22, 2010 11:42 PM CDT up reply actions
Interesting
I wonder if and when the Williamses will appeal? I believe the Judge said “if they appeal” the injunction stays in place. He left it up to the players to make the decision.
Perhaps they will try and negotiate something with the league? Maybe less of a suspension to make it all go away. The league would like that to happen for sure.
I also wonder if the players called the “hotline” to ask about Starcaps specifically and were NOT told that it contained the substance? I am not sure if they did because then the league would really be in the wrong.
I just hope that this does not get ruled upon during the season or even during the playoffs. Because if the league finally prevails as far as the suspensions are concerned, then they will definitely suspend them immediately.
Also, KWill stand to lose about 400k this year. If he gets suspended next year that will be 1.5 mil. Maybe he wants to get it over with?
The league might be well advised to drop their attempt at suspending the Williams'
lest they lose this case and set precedent invalidating their whole CBA or destroying their anti-trust exemptions. The league has engaged in such bad behavior in this case that it’s hardly a sure thing that they’ll win this at higher levels – judges are not nearly as corrupt as legislators and actually make principled decisions occasionally.
The legal argument is what the NFL cares about
more than the actual suspensions. They know the Williams boys were treated unfairly, but once the suspensions went out and then the legal challenge was made, the NFL had to win. The idea that their whole league becomes subject to state and federal laws in these areas is unacceptable to them.
They are also trying to get the same federal antitrust protection that MLB has, which would be a disaster to fans and players.
Whenever the NFL loses their latest attempt to grab more power and not be subject to various laws, any fan should be happy. It shouldn’t matter what team you favor.
As a Viking fan, I’m happy that the two Williams boys will be there stuffing runs next year.
by HammeroftheGods on May 24, 2010 4:14 PM CDT reply actions

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