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Foul Play-by-Play investigates foul play in sports on and off the court, field, pitch and ice every week. Here's play-by-play on foul play in sports for the week ending June 17.

Headlines

Ohio Supreme Court Hears Arguments in Reds’ Bobblehead Tax Case

The Ohio Supreme Court heard arguments Wednesday morning in a dispute over taxes on promotional items purchased by the Cincinnati Reds and offered to fans through promotional ticket packages. Ohio state law exempts companies from paying taxes on items they buy and resell, but the issue is whether promotional items like bobbleheads are being sold as part of a ticket package or given away in an effort to increase ticket sales, which would require the Reds to pay taxes on the items.

Attorneys for the Reds argue they don't have to pay tax because they resell the promotional items as part of the ticket package, but the state tax commissioner says the promotional items should be taxed because the Reds bought the items as giveaways and aren't selling them with the tickets.

Regardless of whether the Reds’ techniques are legal or not, the attempt to avoid paying $88,000 in state taxes is pretty insensitive given the Reds’ recent history. The construction of Great American Ball Park cost Hamilton County taxpayers $349 million and deprived federal taxpayers of $142 million in revenue – third-most costly of any Major League Baseball stadium according to a Brookings Institute study. The Reds share responsibility with the Cincinnati Bengals for burying Ohio’s Hamilton County in debt, resulting in cuts to social services, including the sale of a hospital, and forcing Hamilton County Commissioners to refinance $376 million of stadium bond debt in 2016. Property owners in Hamilton County were promised 30 percent of the revenue raised by the half-cent increase to the sales tax in the form of reduced tax bills, but the county has rarely had the money to pay the stadium debt and offer the full tax rollback.

Meanwhile, the Reds could go from increasing attendance by giving away items plus tax to making money on tax-free items while also increasing attendance. And they’re not the only ones.

The Minnesota Twins are also offering more of these promotional ticket packages and fewer giveaways after winning a similar case back in 1998. Like Ohio, “goods and services purchased solely to resell, lease or rent in the regular course of business” are tax exempt in Minnesota. In fact, most states allow businesses to purchase items tax-free as long as those items are to be resold. So this is only the beginning, and already, great American ballparks are turning giveaways into takeaways, likely turning a profit on what was a cheap means of advertising and now is a cheaper means of advertising.

Senior manager of group sales for the Twins, Phil McMullen, informed me that the prices for their promotional ticket packages are based on the price of their group tickets, which explains why the markup for the promotional item appears to vary by seat location when compared to buying a single game ticket alone. The same cannot be said for the Reds, whose price for promotional items vary by seat location.

The June 19 promotion in Cincinnati is available at three different price points in three different sections of the ballpark. The promotional ticket package is $25 per “View Level” ticket, $55 for a seat in the “Field Box” section and $80 for an “Infield Box” seat. The price of a ticket to the same game in the “View Level” section is $17. A field box seat is $41, and infield box seats range from $65 to $68. So the same bobblehead costs $8 when purchased with a “View Level” ticket, $14 when purchased with a “Field Box” ticket and between $12 and $15 when purchased with an “Infield Box” ticket. So fans purchasing the promotional ticket package will pay four different prices for the exact same product in the same store.

The Reds’ attorney says Ohio’s flawed tax code doesn’t require a specific dollar amount for a tax exemption to be claimed nor awarded, according to judicial precedent. But if these teams are indeed selling their promotional items and not giving them away, shouldn’t these markups for promotional ticket packages be consistent? I mean, the price of the promotional item shouldn’t be dependent upon the section in which you buy your tickets, right?

As a Twins season ticket holder, I don’t mind the idea of promotional ticket packages because the best giveaways are limited to the first few thousand fans and always require you to show up hours before gametime to stand in line. The best giveaway last season was a Prince umbrella that had people lining up outside Target Field four hours before gametime. I’d rather sacrifice my money than my time, so if there’s a promotional item I just have to have, I’d rather be certain of getting it than risk my time and money to end up empty handed. That said, though, I’m not going to pay more for the same item sold for less to fans sitting in the cheap seats.

Ronaldo Pleads Guilty to Four Counts of Tax Fraud, to Pay $21.8 Million

Real Madrid forward Cristiano Ronaldo has reached a deal with Spanish tax authorities to serve a two-year suspended sentence and pay a $21.8 million fine in a tax evasion case, according to multiple reports on Friday.

Ronaldo is unlikely to serve any time in jail under the deal because Spanish law states that a sentence of under two years for a first offence can be served on probation.

The plea agreement is similar to that of Barcelona's Lionel Messi, who was handed a 21-month prison sentence in 2017 on similar charges but under Spanish law was able to exchange the penalty for a fine.

Between 2005 and 2010, foreign players in Spain were protected under the so-called "Beckham law" allowing them to curb their taxes. But as the financial crisis deepened, that exemption was lifted, paving the way for the cases.

Half of Ronaldo’s $93 million annual salary comes from image rights deals with sponsors, which is likely the money being moved around to evade taxes. 

Ottawa Senators' Captain’s Wife Alleges Teammate’s Fiancee Harassed Couple

Melinda Karlsson, wife of Ottawa Senators’ captain, Erik Karlsson, alleges that Monika Caryk, fiancee of Ottawa’s Mike Hoffman, has harassed Karlsson and her husband online since November 2017. Melinda Karlsson has filed an order of protection citing “over 1,000 negative and derogatory statements about me as a professional” posted on social media, including an allegation that Melinda’s use of painkillers was reason the Karlssons’ first child was stillborn in March. Karlsson also claimed that Caryk "uttered that she wished I was dead and that someone should 'take out' my husband's legs to ‘end his career.’” After the Ottawa Citizen published a story Tuesday detailing the allegations, a Facebook profile in Caryk’s name was deactivated.

Hoffman has defended his fiancee and told the Ottawa Citizen, "There is a 150 percent chance that my fiancee Monika and I are not involved in any of the accusations that have been pursued.”

Someone, it seems, is going to be guilty of defamation in this case, Mike -- either the accuser or the accused. And according to Eric Macramalla, another attorney covering the business and law of sports for Forbes and TSN, much of the social media evidence is obtainable from Facebook and Twitter, but that doesn’t mean a request for the information will result in the evidence being provided. So depending on whether that evidence is made available could determine whether this case goes to court or is settled out of court.

Regardless, it’s unlikely Karlsson and Hoffman are teammates next year. Both are under contract, but trades are reportedly being investigated by Ottawa for both players.

Cheerleader Sues Cowboys, Claims She was Paid Less than Male Mascot

Erica Wilkins, a Cowboys cheerleader from 2014 to 2017, is seeking "unpaid overtime wages, minimum wages, and all other available damages," citing the Fair Labor Standards Act, according to court documents filed Tuesday. The lawsuit said female cheerleaders were paid at a rate less than "Rowdy," the mascot. Wilkins said her rate of pay was $8 an hour and that Rowdy made $25 per hour. Now the mascot’s attire must constitute a higher rate of pay, but is sweating through a costume reason enough for the difference in pay?

Kellen Winslow II Arrested on Suspicion of Multiple Sex Crimes

Former NFL tight end Kellen Winslow II was arrested at his home in the San Diego suburb of Encinitas on suspicion of multiple sex crimes. Winslow, 34, was stopped by police in his SUV and was identified as the individual involved in a residential burglary at a mobile home park.

Winslow allegedly prefers his victims mature. He’s accused of kidnapping, raping and forcing oral copulation of a 54-year-old woman in March, kidnapping, rape and sodomy of a 59-year-old woman in May, burglary with the intent to rape a 71-year-old woman in June, and burglary with the intent to rape an 86-year-old woman, also in June. Winslow posted $50,000 bail and was released. On June 7, Winslow was arrested on a felony charge of first-degree burglary in Encinitas. He was freed after posting $50,000 bail on that charge. Not much to be said except these charges are disgusting and you’d hope no one would be capable of committing such crimes.

Rams Ordered to Pay Reggie Bush $12.5 Million for 2015 Injury

A slip and fall by Reggie Bush on the Rams’ stadium sidelines in St. Louis back in 2015 has resulted in a $12.5 million award ruled to be paid to Bush, who sustained a torn lateral meniscus which ended his season. Attorneys for the Rams said they plan to file a motion for a new trial.

Cheats of the Week

Bronze Balls: The Raiders are concerned that wide receiver Martavis Bryant will be subject to league discipline, sources tell Michael Gehlken of the Review Journal. The belief is that Bryant has violated the league’s substance abuse policy once again, which would put his entire 2018 season in jeopardy. Bryant is entering the final year of his rookie deal.

Silver Syringe: Defensive tackle Roy Miller’s chances of continuing his career for a tenth season took a hit Friday afternoon, as the NFL suspended Miller for the first six games of this season, according to ESPN’s Field Yates. Miller has yet to sign with a team.

Two-bit Cheat of the Week: Cowboys defensive lineman David Irving is being suspended four games for violating the NFL’s policy on substances of abuse, sources tell Ian Rapoport of NFL.com. This isn’t Irving’s first violation of the NFL’s drugs policies. He was hit with a four-game PED suspension last June. This puts your Cowboys in a tight spot with defensive tackle Maliek Collins nursing a foot injury. Hey, maybe they’ll get defensive end Randy Gregory reinstated.

Historically Foul Play 

Let’s get nostalgic and talk about foul play of the past, when news was delivered on paper and milk in reusable glass bottles. Here’s your sports-crime history lesson we call Historically Foul Play.

On June 16, 2009, US Cyclist Tyler Hamilton, 38, received an eight-year ban for testing positive for a steroid called DHEA. Hamilton had announced his retirement two months earlier when he was made aware of the failed drug test, but the US Anti-Doping Agency wanted to assure Hamilton would be suspended for the remainder of his cycling career. Hamilton was accused of using blood transfusions, human growth hormones, testosterone, EPO, and insulin after failing drug tests earlier in his career. During the 2000 Athens Olympics, where Hamilton won a gold medal, his A sample showed signs of blood doping. The B sample was mistakenly frozen so that it could not be tested, so Hamilton was allowed to keep his gold medal. He tested positive again one month after the Olympics and was banned for two years. Hamilton kind of makes Lance Armstrong look good, doesn’t he?

Statistically Significant Foul Play

Time to get statistical and make some informed inferences in a segment we call Statistically Significant Foul Play, where we do an analysis of statistics that indicate foul play.

Foul Play-by-Play, its hosts, nor its partners practice nor condone the accusatory promulgation of foul play by athletes for the sake of the hot take. Cheats are innocent until proven guilty. That said, in this case of statistically significant foul player, I’d like to admit into evidence the following significant statistics indicating foul play.

The rate at which batters are being hit by pitches so far this season is .385 per game played, the highest rate since 2001’s .39 hit batters per game played. But is that more of a result of batters crowding the plate or pitchers pitching inside?

Each week at Foul Play-by-Play we cover the law-related, sports stories, including the Colangelo Twitter scandal, and we dive deeper into a possible cheerleaders' union with former union rep and sports-labor expert Al Neal of PeoplesWorld.org and GrandstandCentral.com. Here are your headlines, "Cheats of the Week," "Historically Foul Play" and "Statistically Significant Foul Player" for the week ending June 10.

Headlines

Bryan Colangelo and Philadelphia 76ers Part Ways

Bryan Colangelo resigned on Thursday as president of basketball operations for the Philadelphia 76ers after his wife admitted to using Twitter accounts to criticize players and support her husband. Sixers coach Brett Brown will oversee basketball operations on an interim basis.

An independent investigation found Colangelo to be the source of the sensitive information shared by his wife, Barbara Bottini. Colangelo said his wife was “operating without his consent” and that “at no point did I ever purposefully or directly share any sensitive, non-public, club-related information with her.” So how did she come across this information? You say you didn’t directly share sensitive information, so sas she getting it from someone else in the organization? You say you didn’t share it on purpose, so was it shared in the throes of passion?

Barbara taking the blame on this obviously doesn’t make Bryan innocent. She can’t be guilty without having an accomplice giving her the information. It’s a miracle, frankly, Bryan Colangelo wasn’t fired. The Sixers are either being incredibly nice or didn’t want to file the paperwork to fire the man because sharing trade information is a fireable offense.

I don’t see Colangelo working again, regardless of this being a resignation and not a firing. Even if he didn’t know about the Twitter accounts, he still shared sensitive information with someone he shouldn’t. When there’s a big trade on the table at work, you don’t go home at lunch and spill the beans to your wife before it’s final. You don’t spill the beans to anyone outside the organizations involved. 

Delaware Sees $322,000+ in Sports Wagers on First Day of Legal Betting

More than $322,000 was wagered on the first day of legal sports betting in Delaware, Tuesday. Delaware Governor John Carney made the first wager and won, risking $10 on the Philadelphia Phillies to beat the Chicago Cubs. The Phillies won 6-1. That must have paid well.

Delaware was already offering parlay betting during the federal ban since 2009 and built sportsbooks within its casinos, waiting for the end of the federal ban. It’s estimated that $350 million to $760 million could be wagered annually if online betting is fully implemented. 

Mother of G Leaguer Sues NBA after Son Collapses on Court, Dies Two Days Later

The mother of Zeke Upshaw, former swingman for Detroit Pistons’ G League affiliate Grand Rapids Drive who collapsed on the court and died two days later, has filed a lawsuit accusing the NBA and the Detroit Pistons of negligence.

Upshaw, 26, collapsed during a game in Grand Rapids on March 24 and died two days later of what a Grand Rapids medical examiner called a sudden cardiac death with cardiac abnormalities. Upshaw had a “slightly enlarged” heart, which is not entirely unusual in athletes and could be unrelated to his death, but the Grand Rapids team doctor was not at the arena when Upshaw collapsed on March 24, so life-saving measures were not attempted, no CPR initiated and no defibrillator used, but Upshaw died two days later.

Links to video footage, lawsuit, and media advisory!

Cheerleaders Sue Houston Texans Alleging Hostile Work Environment and Withholding Pay

Five former NFL cheerleaders sued the Houston Texans on Friday, accusing the franchise of paying the women less than the $7.25 per hour they were due, not compensating them for making public appearances and creating a workplace where the women were threatened with termination for voicing complaints.

This isn’t the first time NFL cheerleaders have sued their employers. I wrote a column for the Livingston Enterprise about the Oakland Raiders’ cheerleaders who sued citing similar allegations back in 2014 or so, and spoke to their attorney who recommended NFL cheerleaders unionize. During my painstaking research of NFL cheerleaders, I found that each NFL team employs between 32 and 42 cheerleaders. With 32 NFL teams that brings the total number of cheerleaders employed by the NFL to just over 1,000, which isn’t enough to form a union with any real bargaining power, so this union will have to be formed of cheerleaders and dancers across all sports.

There are usually about 20 Laker Girls employed every season, but the Timberwolves have just 13 dancers. If each NBA team has about 15 dancers, that’s another 450 potential union members.

Most hockey teams employ “ice girls” to shovel the ice during breaks in the action, and many have expressed similar working conditions cited by NFL cheerleaders, according to a 2014 story by Mother Jones that actually resulted in the Flyers eliminating their ice girls and then bringing them back when the men who replaced them were quite literally booed off the ice.

The Vegas Golden Knights held auditions to fill 40 positions on its ice, cheer and gameday crews, however, so these jobs aren’t going anywhere. With another 30 teams employing at least another dozen entertainers, and I’ll get to why it’s 30 and not 31 in the Historically Foul Play segment, that’s 360 more potential union members, bringing the total to just over 1,800. If we include mascots in the union, there’s at least another 123 union members to get us closer to 2,000. But won’t there always be cheaper bodies to objectify regardless of whether a cheerleaders’ union is formed and regardless of how encompassing its membership is? I just don’t think the backlash from having less attractive or less entertaining cheerleaders would affect the NFL owners’ bottom line.

Indianapolis Colts’ DE Chris McCain Arrested for Domestic Assault

Colts defensive end Chris McCain was charged with battery stemming from an incident that occurred in January in Los Angeles, according to TMZ. McCain is accused of spitting on a woman and “forcefully grabbing her neck.” He’ll likely face a suspension.

Ottawa Senators’ Assistant GM Arrested for Alleged Harassment

Ottawa Senators assistant general manager Randy Lee is accused of inappropriately touching and making lewd comments toward a hotel shuttle driver while in Buffalo for the NHL's scouting combine. He was charged with second-degree harassment on Friday after being arrested and spending the night in jail. If Bryan Colangelo thought he had problems, at least he’s not Randy Lee. It has to be considerably more difficult to get a job as a sexual harasser than a trade-secrets sharing pillow-talker, right?

Historically Foul Play

I promised I’d tell you why just 30 NHL teams employ “ice girls,” and here’s why. In December of 2007, the media’s and masses’ eyes were affixed to a New York Knicks scandal involving former coach Isiah Thomas, who was found by a jury to be guilty of sexual harassment. The plaintiff, a former Knicks’ executive, was awarded $11.5 million in damages, paid by the owners of Madison Square Garden. But that wasn’t the only foul play in the Garden at the time.

Three days after the Thomas verdict, a settlement between Madison Square Garden and a former captain of the New York Rangers’ cheerleader squad flew under the radar. (Court documents of lawsuit filed.) No details were released, but the accuser alleged that her supervisor, Ryan Halkatt, told her which skaters had to lose weight or “stuff their bras” to appear more alluring. That was the last year the Rangers had “ice girls.”

Statistically Significant Foul Player

Sticking with hockey, the Washington Capitals won the Stanley Cup for the first time in franchise history. Their statistically significant foul player is, of course, Tom Wilson, who spent twice as much time in the penalty box as the next most penalized player on his team. His 187 penalty minutes during the regular season was just 25 off the pace set by Florida’s Micheal Haley this year. Haley’s 212 penalty minutes in a single season doesn’t even put him in the top 250 all-time. The NHL record for penalty minutes accessed in a season is 472 by Dave Schultz in the 1974-75 season. That’s more than five games spent in the penalty box.

Cheats of the Week

Bronze medalist: Julian Edelman is appealing a four-game suspension for violating the NFL’s performance-enhancing drug policy. Edelman has reportedly taken “hundreds of tests” and never tested positive before.

Silver medalist: Free agent left-handed reliever Fernando Abad received an 80-game suspension after testing positive for Stanozolol. A lengthy appeals process will make this a short ban for Abad, as the suspension began upon the filing of the appeal. Any team who signs Abad knows he must sit out most of this month, but given the overuse of Ryan Pressly, Abad would be a great fit for the Minnesota Twins. Their splits work out well together, as Abad has been more effective against lefties in his career and Pressly righties, with neither being that bad in either situation. If you’re Paul Molitor, you have to like being able to bring in Abad when two of the next three batters are lefties and Pressly when two of the three are righties.

Gold medalist: Boston Red Sox fans used the flashlights on their phones to distract Detroit Tigers hitters, angering manager Ron Gardenhire, who we know runs hot. The foul play caused a short delay in the seventh inning as security asked fans in the center field sections of Fenway Park to stop using the lights on their cell phones to distract batters for obvious safety reasons. Red Sox manager Alex Cora called it “a good weapon,” which it very well could be if someone were to be hit in the face with a fastball because they’ve been blinded by a flashlight. 

Ehire Adrianza has no business playing shortstop everyday, and Gregorio Petit has no business on an MLB roster. Ryan LaMarre should be nothing more than a fourth outfielder and pinch runner. And it’s way past time for the Minnesota Twins to call up Nick Gordon.

The Ehire Adrianza Problem

On Wednesday night in Minneapolis, Ehire Adrianza started at shortstop because Logan Morrison’s back was still a bit stiff, moving Miguel Sano to first base and Eduardo Escobar to third. Miguel playing first makes a lot of sense, but Adrianza being in the lineup with Gordon hitting .357 at AAA Rochester just doesn’t compute.

Adrianza even had two doubles and drove in a run before booting a ball that led to a four-run sixth inning. Adrianza wasn’t given an error on the play. How I don’t know, but it was the play that forced the Twins to go to its bullpen, specifically, the overused Ryan Pressly. Pressly has appeared in 31 of the Twins’ 58 games, and he’s starting to show signs of fatigue. In his last three appearances, he’s allowed three earned runs over two innings, allowing four hits and a walk.

The Pressly problem I’ll save for another rant. This rant is about never seeing Gregorio Petit and Ehire Adrianza in Twins uniforms again. Even if Gordon struggles to hit in the bigs, which hasn’t been a problem for him at any level, he’s better defensively and on the bases than Petit and Adrianza right now.

Gordon is an Upgrade Defensively at Shortstop

Adrianza is three runs below average over 1,200 innings at shortstop. Petit is 48 runs below average over 1,200 innings. And while I don’t have access to the same stat for Gordon, Baseball Reference does tell me his range factor per game (3.46) is higher than Adrianza’s (3.28) and Petit’s (2.67).

Gordon is an Upgrade on the Bases

It’s also safe to assume Gordon to be a better base runner than both Adrianza and Petit. I can’t tell you how many runs Gordon is worth on the bases, but I can tell you he’s faster than Adrianza and Petit. Baseball Prospectus’ editor Aaron Gleeman indicates as much with regards to Adrianza on Twitter.

 

Adrianza and Petit have each cost the Twins a run on the bases this season and have combined for three stolen bases on four attempts. Gordon is seven of 11 on stolen base attempts this year.

Gordon is an Upgrade at the Plate

I know what you’re thinking: “It doesn’t matter how good Gordon is on the bases if he’s not on base.” Well, his batting average at AAA is higher than Adrianza’s on-base percentage and Petit’s batting average. Gordon is hitting .357 with an on-base percentage of .379. Adrianza’s on-base percentage sat at .281 at the time of this writing, and Petit’s average is .308 in 30 plate appearances.

The Lineup with Gordon

Assuming Morrison and Joe Mauer become available soon, which seems to be the case, you might think Adrianza’s playing time will diminish, and that’s true. But until Byron Buxton is healthy, which could take considerable time, LaMarre will still play center field, where Max Kepler is 35 runs above average over 1,200 innings to LaMarre’s -56. That’s a difference of 91 runs over 135 games.

I don’t know about you, but I’d also rather have Nick Gordon’s bat in the lineup instead of LaMarre’s. LaMarre might be hitting a respectable .288 with a .681 OPS, but just three of his 18 hits have gone for extra bases. Consider this:

  1. Joe Mauer, 1B
  2. Brian Dozier, 2B
  3. Eddie Rosario, RF
  4. Miguel Sano, 3B
  5. Eduardo Escobar, LF
  6. Max Kepler, CF
  7. Logan Morrison, DH
  8. Mitch Garver, C
  9. Nick Gordon, SS

I think this lineup is better defensively, better on the bases and better at the plate than Paul Molitor’s, but I’m not the reigning American League Manager of the Year. Molitor might not be able to convince president of baseball operations Derek Falvey and general manager Thad Levine to call up Gordon, and I don't know what they're doing claiming Taylor Motter, but Molitor should be in their ear every day, because it’s way past time for the Minnesota Twins to call up Nick Gordon.


This was originally published at FoulPlaybyPlay,com.

 

Each week here at Foul Play-by-Play we cover the week's law-related, sports stories. So here are the cheats, cheap shots, and alleged criminals in sports for the week of May 28.

Headlines

Philadelphia 76ers Launch Investigation of Colangelo’s Alleged Twitter Usage

The Philadelphia 76ers launched an independent investigation into the Twitter usage of president of basketball operations Bryan Colangelo on Wednesday after a report by The Ringer cited circumstantial evidence indicating Colangelo allegedly using anonymous Twitter accounts to defend his work and criticize his current and former players.

Tweets from those accounts alleged by a source cited by The Ringer to belong to Colangelo questioned Joel Embiid's ego, blamed Markelle Fultz's shooting woes on a former mentor of the No. 1 overall draft pick, pushed a theory that a possible Jahlil Okafor trade fell apart because he failed a physical, and called Nerlens Noel a "selfish punk."

Colangelo has denied the Tweets are his, going so far as to call Embiid to express his innocence. Colangelo’s wife has since been implicated as possible owner and operator of the Twitter accounts.

Mother of G Leaguer Sues NBA after Son Collapses on Court, Dies

The mother of Zeke Upshaw, former swingman for Detroit Pistons’ G League affiliate Grand Rapids Drive who collapsed on the court and died two days later, has filed a lawsuit accusing the NBA and the Detroit Pistons of negligence.

Upshaw, 26, collapsed during a game in Grand Rapids on March 24 and died two days later of what a Grand Rapids medical examiner called a sudden cardiac death with cardiac abnormalities. Upshaw had a “slightly enlarged” heart, which is not entirely unusual in athletes and could be unrelated to his death, but the Grand Rapids team doctor was not at the arena when Upshaw collapsed on March 24, so life-saving measures were not attempted, no CPR initiated and no defibrillator used, but Upshaw died two days later. 

Links to video footage, lawsuit, and media advisory.

Cheerleaders Sue Houston Texans Alleging Hostile Work Environment and Withholding Pay

Five former NFL cheerleaders sued the Houston Texans on Friday, accusing the franchise of paying the women less than the $7.25 per hour they were due, not compensating them for making public appearances and creating a workplace where the women were threatened with termination for voicing complaints.

This isn’t the first time NFL cheerleaders have sued their employers. I wrote a column about the Oakland Raiders’ cheerleaders who sued citing similar allegations back in 2014, I think, and spoke to their attorney who recommended NFL cheerleaders unionize. I think these NFL owners continually take advantage of these women because there will always be a cheaper body to objectify, even if there was a cheerleaders’ union.

Tampa Bay Rays’ Carlos Gomez Alleges MLB’s Drug Testing Not Random

Tampa Bay Rays’ outfielder Carlos Gomez alleges that Major League Baseball targets older players and Latino players for drug testing in an interview for a Yahoo! Sports podcast the day after Mariners’ All-star Robinson Cano was suspended 80 games. Gomez said, “One month into the season I got like seven drug tests. Something like that. Between five or seven. That’s not right. We have a guy on the team who for sure hasn’t had one drug test.” Three days after coming off the disabled list, Gomez was again drug tested.

MLB defended its drug testing policies in a statement made to the Tampa Bay Times: "Our Joint Drug Program, which is negotiated with the Players Association, is independently administered and has random testing procedures in place with no regard for a player's birthplace, age, or any other factor," the league said. "Every aspect of the test selection process is randomized and de-identified, and every player is included each time random selection is conducted. This results in some players being tested more often than others, but, as a whole, MLB players are tested more frequently than any athletes in professional sports.”

Like Gomez, the three Major League players suspended for failing performance-enhancing drug tests are from the Dominican Republic. Gomez wants MLB to prove to him the process is randomized, and won’t believe it is until they do so. MLB isn’t required to reveal anything, though, and probably insulates itself from any wrongdoing by outsourcing the testing to an independent firm.

Cheats of the Week

Dishonorable mention: San Francisco 49ers receiver Victor Bolden Jr. has been suspended for the first four games of the regular season for violating the NFL’s performance-enhancing drug policy. Bolden is trying to make the team as a kick returner and has considerable competition.

Bronze medalist: Anthony Rizzo, last week’s Statistically Significant Foul Player for his uncanny ability to be hit by pitches, slid into the feet of catcher Elias Diaz of Pittsburgh to break up a double play. He was successful, as Diaz threw the ball into right field allowing two Cubs’ runners to score. While umpires on the field called it a clean play, reviewed it and upheld the call, Major League Baseball said the slide wasn’t legal. Rizzo clearly altered his path to contact the catcher, sliding late and well inside the baseline.

Silver medalist: Washington Capitals’ forward Tom Wilson blindsided Jon Marchessault of the Vegas Golden Knights in Game 1 of the Stanley Cup Final. The hit came well after Marchessault had handled the puck, but Wilson, who has a history of questionable, physical play, avoided a suspension for the hit. Marchessault was unable to stay on the ice for the 4-on-4 that resulted from Wilson’s two-minute minor that should have probably been a five-minute major penalty.

Gold medalist: Wilson’s hit might have been the cheapest shot taken in Game 1 of the Stanley Cup Final, but it wasn’t the most effective form of cheating used in the game. Vegas Golden Knight Ryan Reaves scored a game-tying goal in the third period as the result of a cross-check on Washington’s John Carlson. The goal was a quick response to the Capitals’ go-ahead goal scored just 91 seconds earlier, and swung the momentum back to the Knights.

Historically Foul Play

Mel Bridgeman of the Flyers served 53 minutes in penalties in 1980 against the Islanders, the most by any player in one Stanley Cup Final. Chris Nilan of the Canadiens is next with 49 minutes in 1986. They play 60 minutes in a game if you’re unaware.

Statistically Significant Foul Player

Vegas’s Erik Haula has spent 19 minutes in the penalty box during this Stanley Cup Final against the Washington Capitals, which is almost half as many minutes as he’s skated in the series.

Each week at Foul Play-by-Play, we cover the law-related, sports headlines, including the cheats, cheap shots and alleged criminals in sports. Here are the headlines, "Historically Foul Play," “Statistically Significant Foul Player,” and Cheats of the Week for the week of May 18-25.

Headlines

New NFL Anthem Policy Adopted without a Vote

The NFL owners adopted a new national anthem policy despite an official vote never taking place, according to Seth Wickersham, which he tweeted is “atypical for such a major resolution.” According to Jim Trotter of NFL.com, there were eight to 10 owners who, before the meetings, expressed support for keeping the league’s anthem policy “as is.” They believed the protests were fading and the league should instead focus on community work being done by players.

Regardless, it seems the resolution has been adopted by the NFL, and players who choose to be on the field for the national anthem must either “show respect” for the anthem and flag or the team will be fined. The resolution is intentionally vague, allowing NFL owners and the commissioners to determine what qualifies as respect on a case-by-case basis. So standing for the anthem with a fist in the air like Chris Long did to show solidarity for his protesting teammates would be a finable offense. Team owners can pass those fines onto the players, which will allow them to control the players. While New York Jets chairman Christopher Johnson volunteered to pay all fines incurred by Jets players for violating the policy, other owners aren’t expected to be as tolerant. And if an owners says “this team will pay anthem protest fines as a team” not too many players will be protesting.

Well the NFL Players' Association is already telling players to save their money for a 2021 lockout, when they next negotiate with owners on a collective bargaining agreement, during which the players could demand a more preferred anthem policy. That works perfectly for me, because I intend to stop watching football if the Vikings don’t win a Super Bowl in the next three years, and not because of anthem protests. I’m tired of watching seven seconds of action followed by 25 seconds of inaction. I’m tired of watching kickers and officials determine the outcomes of games. I’m tired of NFL replay, which will now be used to review ejections. And I’m tired of coaches punting on fourth and inches. But at least a catch is a catch again.

USA Swimming Sued for Covering-up Sexual Abuse

Olympic swimmer Ariana Kukors Smith is suing USA Swimming alleging a cover-up of her former coach's sexual abuse. Kukors Smith alleges that Sean Hutchison groomed her for sexual abuse when she was 13, started touching and kissing her when she was 16 and engaged in sexual activity with her when she was 17. Worse yet, she alleges the national governing body knew her former coach sexually abused her as early as 2005, when she was 16. The lawsuit alleges that officials did not report it to authorities and didn't protect Kukors Smith while shielding Hutchison and the image of USA Swimming.

It seems like a case similar to that of the Penn State/Jerry Sandusky scandal, except we know multiple Penn State employees witnessed Sandusky’s behavior with underage boys. In this case, USA Swimming hired a private investigator in 2010 to look into rumors of a relationship between the then-21 Kukors and Hutchison, who was 39, finding no misconduct after the two and others denied the relationship.

Cannabis Dashes the Dreams of Minor League Baseball Player, High School Football Player

The Houston Astros cut suspended minor leaguer and former top prospect Jon Singleton because he couldn’t resist smoking cannabis. As an advocate for cannabis legalization and former holder of a medical cannabis prescription, I understand Singleton’s struggle. While cannabis withdrawals are minimal when compared to say opioids or even alcohol because the plant isn’t chemically addictive like tobacco or alcohol, a psychological addiction can occur. It’s not unlike an addiction to gaming machines.

When something makes you feel good, like getting into the bonus on a reel game, it triggers a release of dopamine by your brain. Dopamine is a neurotransmitter that helps control the brain's reward and pleasure centers. This release happens naturally all the time, even during exercise. Cannabis triggers a considerable dopamine release, so unlike nicotine, which is chemically and psychologically addictive, the cannabis user is addicted to good feelings achieved through cannabis consumption. So you and the cannabis user are actually addicted to the same thing. Only the triggers are different.

Just because it’s all in your head doesn’t make it easy to kick a psychological addiction, especially for those with addiction in their family history. I’m speculating here, but I’d bet that’s the case for Singleton, who substituted alcohol for cannabis after a stint in rehab following his second failed drug test -- the penalty for which is a 50-game suspension, unpaid. That’s almost $715,000 of Singleton’s $2 million annual salary, a figure considerably higher than what most minor leaguers make thanks to the Save America’s Pastime Act, which Major League Baseball snuck through Congress in 2016 to keep minor league baseball players exempt from federal minimum wage laws.

Most minor leaguers at the upper levels of the minor leagues like Singleton make $2,150 per month, according to a class-action lawsuit brought by minor leaguers challenging MLB’s minor league pay schedule. Given a 23-week regular season, that’s an annual salary of $12,362.50. A 50-game suspension for smoking pot would cost these players $4,415.18. As someone who’s lived on less than $8,000 a year, I wouldn’t recommend it unless you enjoy sweating through summer nights sleeping in your van, waking up wet in a borrowed tent failing miserably to withstand overnight thunderstorms, or living with your parents. But if you had to live on less that eight grand a year, I would recommend the van and then the tent over the parents. I don’t know your parents, and I’m sure they’re very nice people, but it doesn’t change the fact you’ll be sick of them within a week.

Lower-level minor leaguers who test positive for cannabis wouldn’t be able to afford a van. Their average salary is $1,100 per month, and an A-ball season is less than 12 weeks long, so a 50-game suspension for smoking weed would leave these 18- and 19-year-old kids with a measly $873.53.

Because of Singleton’s perceived potential, he was lucky to hold onto the money he did. He was the Astros’ top-rated prospect after the 2011 season, according to Baseball America. But he struggled mightily in his first 114 games in the bigs, never getting his batting average over .200.

Finally, the kicker: had he stuck in the bigs, he could have smoked all the pot he wanted. He would have been required to pay a small fine for each failed test, but he wouldn’t have been suspended and he wouldn’t have lost a single game check. The MLB Players’ Association negotiated for that in the collective bargaining agreement, but the MLBPA does not represent minor league ballplayers.

So the reason for both the harsh cannabis policy and poverty-level salaries in minor league baseball is the minor leaguers’ lack of bargaining power, which they could remedy by starting a union of their own. So why haven’t they? There are far more of them than there are major leaguers, and a walkout would collapse the minor league business model because the owners of those teams don’t pay their players’ salaries. MLB teams do. Are 6,500 minor leaguers just keeping their heads down with hopes of realizing that major league dream?

I think if a kid wants to risk his shot at a career in Major League Baseball to smoke weed just let her do so. I understand the employers’ interests in protecting their investments, and that they have the right to do just about whatever they want with regards to drug testing. Hell, if they wanted to they could make every player take a breathalyzer test before each plate appearance or a urinalysis between innings. But being barred from a new profession for roughly two months is more damaging to a young prospect’s career than unwinding after a brutal roadtrip with a joint, or substituting weed for booze when the team goes out after a big win. This policy does not protect the employers’ assets; it turns them into liabilities.

If you’re going to randomly test your employees for drug use in the name of protecting them and the game, stick to the performance enhancers like amphetamines, cocaine, and steroids, and the real drugs of abuse that are physically addictive, like amphetamines, cocaine, opioids, and alcohol. If you’re worried about players playing the game stoned, you need not worry, because cannabis is a hell of a performance inhibitor.

Our intramural softball team in college was called Bozeman Toast because we all burnt bud before gametime. There might have been one or two sober softballers out there, but they weren’t any good sober, either. The rest of us were toasted, eyes bloodshot and feet barely under us. I don’t think we ever won a game. We allowed 15 runs in the first inning of a game once just kicking the ball around the infield and misplaying fly balls in the outfield. Once our collective buzz wore off, though, we got back in the game and lost by one. But an at-bat in slow-pitch, intramural, co-ed softball isn’t as scary as an at-bat in professional baseball. I imagine a 95-mile-per-hour fastball or 12-to-6 curveball would be the ultimate buzzkill. Your brain and body just aren’t prepared for that while stoned.

And that’s not even the worst cannabis-sports story of the week, either. High school football player CJ Harris dreamed of playing for the Auburn Tigers, but his recurring seizures threatened that dream until his cannabis medication stopped those seizures. Now that medication will keep him from pursuing his dream, because per NCAA rules, athletes are not permitted to have any tetrahydrocannabinol, or THC, the psychoactive substance in cannabis, in their systems. The cannabis oil Harris takes for his seizures contains less than 0.3 percent THC, according to the label, which means it doesn’t get you high. This is something the NCAA can easily fix by changing the language to allow for the use of non-psychoactive cannabis medications. Whether they will is unlikely.

NFL Plans to Profit on Information Related to Betting on its Sport

National Football League Commissioner Roger Goodell weighed in on the Supreme Court’s recent decision that the Professional and Amateur Sports Protection Act of 1992 is unconstitutional, opening the door for states to legalize sports betting.

U.S. Senator Orrin Hatch, a Republican from Utah, has been speaking the the NFL and is planning to introduce federal sports betting legislation. Goodell wants Congress to create uniform betting standards that, at minimum, include:

  1. Substantial consumer protections,
  2. Protection of the content and intellectual property of sports leagues,
  3. Providing official, reliable league data, and
  4. Resources necessary for law enforcement to protect fans and penalize bad actors here and abroad.

Unlike Major League Baseball, the National Basketball Association, and the Professional Golfers’ Association, the NFL has not expressed an interest in receiving a direct cut of legalized sports betting action. Instead, sources say the league is more focused on monetizing data and video rights, and for good reason.

While MLB, the NBA, and PGA Tour are lobbying for what was one percent of all money wagered on their games and have since lowered their demands to .25 percent of all wagers, the NFL is laughing at .25 percent because it amounts to Roger Goodell’s pocket change.

$1.7 billion was bet on both college and professional football at Nevada sportsbooks last year. Half of that is $850 million, and .25 percent of that is $2.125 million. The NFL doesn’t get into bed with anyone for a couple million dollars. But there’s billions of dollars to be made selling analytical information to gamblers gambling on games that are decided by fewer and fewer points each year.

NFL Margins of Victory in Context of NFL Scoring

According to research by Eldorado, the 2015 NFL season had the lowest median margin of victory in history. Games nowadays are more than twice as likely to be decided by three points than games played from 1922 to 1973. Over at marasoft.com, you’ll find that almost 24 percent of all NFL games played in the last 20 years were decided by three or fewer points, and roughly half of all NFL games are won by underdogs. So the sport can be a nightmare for even the savviest of sports bettors, and gamblers will take any bit of information they can get to gain an edge.

So many elements go into determining the outcome of a football game that having a means of producing and distributing gambling-related information is way more valuable than a quarter of one percent of all money wagered on games. So while MLB, the NBA, and PGA Tour are negotiating over what amounts to Roger Goodell’s pocket change, the NFL is looking to exploit the vast amount of data its sport produces by owning the method or math it chooses to turn that data into information it can sell to clueless gamblers as a subscription service.

This was a big deal when it came to determining the legality of fantasy sports betting. Fantasy sports gamblers who win most often aren’t simply luckier than the losers. They employ an algorithm that considers all the things they feel affect the outcome of sporting events. The NFL, I think, aims to own the algorithms and sell the answers those algorithms provide.

Glen “Big Baby” Davis Arrested Again

After being arrested with 126 grams of cannabis and $92,000 in cash two months ago, former Boston Celtics forward and NBA champion Glen “Big Baby” Davis was again arrested last Friday for felony assault with intent to cause great bodily injury. According to TMZ, after almost hitting a man with his car, Davis allegedly slammed the man on to concrete when confronted.

Milwaukee Bucks Rookie Stun Gunned by Police Unprovoked

Milwaukee Bucks' rookie Sterling Brown was stun gunned by police back in January. Milwaukee Mayor Tom Barrett was worried about the video’s release this week and potential public backlash that could result because Brown was not combative prior to being tased.

An officer who was doing a business check at a Walgreens stopped to question Brown about a parking violation at about 2 a.m. on Jan. 26. Brown gave his name and showed an identification card. The officer called for assistance, and half a dozen squad cars responded...for a parking violation. Eight officers ended up on the scene...for a parking violation; three were disciplined, with the first on the scene reportedly being suspended for a full two days. Two supervisors who later arrived, escalating the situation, were suspended for 10 and 15 days, and several other officers were reprimanded.

Brown's arrest did not result in criminal charges, and he played in a game later that day with bruises on his face. Brown intends to file a civil rights lawsuit against the Police Department, which is something that most Milwaukeeans involved in similar situations couldn’t afford to do. I guess it’s a good thing those Milwaukee cops don’t watch Bucks basketball, because had this happened to anyone else, we probably wouldn’t have heard about it.

The saddest thing about this is that there are so many unjustified shootings by police of black men and women that I’m just glad this officer reached for a stun gun instead of a real gun, and the thought that “at least they didn’t kill him” has even crept into my mind is troubling to me. Wyatt Cenac has been doing some great work investigating police brutality for his show Problem Areas on HBO. One episode looked at the importance of providing police with and reinforcing the use of non-fatal means of ending confrontations. But you also have to combat the training to which police officers are subjected that instills a sense of them being at war rather than at one with their communities. To remedy this, a good place to start would be requiring police officers in training to communicate with non-police minorities prior to earning the privilege of carrying a badge and a firearm.

Historically Foul Play

With all the bad news out of the way, let’s for a minute consider how lucky we are to be alive for this era in sports, because we’re seeing things that haven’t been seen in generations. The Vegas Golden Knights are playing for a championship in their inaugural season for the first time since 1950, when the Cleveland Browns won the NFL Championship in their inaugural season. And that’s not even the most historic story in sports, because Los Angeles Angel Shohei Ohtani is serving as both a formidable starting pitcher and hitter for the first time since Babe Ruth did it roughly a hundred years ago.

I know you and our listeners want to hear some Ruthian stats, so here they are, in a segment we call “Historically Foul Play,” because these numbers are so unbelievable their most reasonable explanation is foul play.

  • In 1916, at 21 years old, Babe Ruth led the league with 40 starts and nine shutouts, allowing a league-best 6.4 hits and zero home runs per nine innings.
  • The following year, The Babe went 24-13 with 35 complete games in 38 starts covering 326 and a third innings. That’s almost a quarter of the season Ruth pitched if all games ended in nine innings.
  • In 1918, the year Boston committed to Ruth the batter, he led the league in home runs and strikeouts, bashing 11 dingers and striking out 58 times. He posted a league-best OPS of .966, and while he pitched just 166 and a third innings, he still maintained a 13-7 record in 20 starts, allowing 6.8 hits per nine innings despite striking out just 40 batters on the year.
  • To give you an idea of how much the game has changed, Ohtani, at 23, has already struck out 52 batters in 40 and a third innings pitched and has allowed just 6.9 hits per nine innings. At the plate, Ohtani’s OPS is .986. He’s hit six home runs.

So not only is Ohtani doing something unseen for 100 years, he’s arguably doing it better than Ruth did. While he’s never going to pitch almost 25 percent of his team’s total innings on the season like Ruth, he is going to get more than 20 starts and is on pace to get a similar number of plate appearances as Ruth did at the same age. If he stays healthy, the Babe Ruth of Japanese baseball might end up the new Babe Ruth of Major League Baseball.

Statistically Significant Foul Player

Let’s keep the statistical analysis going and find a player whose stats indicate foul play in a segment we call ‘Statistically Significant Foul Player.’

Foul Play-by-Play, its hosts, nor its partners practice nor condone the accusatory promulgation of foul play by athletes for the sake of the hot take. Cheats are innocent until proven guilty. That said, in this case of the statistically significant foul player, I’d like to admit into evidence the following significant statistics indicating foul play.

Chicago Cubs first baseman Anthony Rizzo is third amongst active players in hit by pitches with 106 over his seven plus seasons. He’s led the league in hit by pitches twice, taking 30 for the team in 2015 and wearing 24 last year. There’s a 2.6-percent chance a Rizzo plate appearance ends with him on first base with a bruise.

Rizzo is just one reason why umpires should enforce the rule that players have to make an attempt to avoid a pitched ball. I mean, a lot of those free bases should probably be called balls and the at-bat continued. I’m not calling the defendant a cheat. I’m just sayin’ the statistics are significant indicators of foul play. I trust the jurors will make the right decision and find the defendant guilty of foul play given the evidence. I rest my case.

Cheats of the Week

Bronze medalist: Infamous NFL bully and Pro Bowler Richie Incognito allegedly threw a tennis ball and a dumbbell at someone at a Florida gym on Wednesday and was placed on an involuntary psychiatric hold by police, according to TMZ Sports. The alleged victim claims Incognito was rambling about the government and screaming at him to “get off” his “bleeping playground.” That’s just rich coming from a man who lost a job for bullying a teammate. He makes this list because he was also named the second dirtiest player in the NFL by The Sporting News in 2012.

Silver medalist: Admitted steroid user and former Mets and Phillies star Lenny Dykstra was arrested early Wednesday in New Jersey while possessing cocaine and ecstasy. The arrest was the result of an Uber ride gone bad. The Uber driver told police he picked up Dykstra and when he refused to change the destination Dykstra initially requested, Dykstra allegedly brandished a firearm, pointed it at the Uber driver’s head and threatened to kill him. The Uber driver said he sped into a parking lot next to the Linden police station, honked the horn and fled the vehicle. Dykstra, 55, was charged with making terroristic threats and a number of drug offenses.

Gold medalist: Chicago White Sox catcher Welington Castillo has been suspended 80 games for testing positive for erythropoietin, a performance-enhancing drug that stimulates the bone marrow to produce more red blood cells. The resulting rise in red cells increases the oxygen-carrying capacity of the blood, in turn, increasing the endurance of the user.  

Without including a single player or union rep, the NFL has finally decided on a formal policy in regards to player protests during the National Anthem. NFL owners have decreed that players must stand during the anthem to show “respect;” however, there is an option for players to remain in the locker room.

Also, each team will be able to decide if there should be any discipline for a player protesting on the field during the anthem. Finally, the NFL will be able to fine a team (not a player) if any of the team’s said players protest on the sideline.

So, if a player decides to protest he can do so in the locker room where no one is watching. But if the player decides to come onto the field during the anthem and protests - the NFL fines the team and the team decides if there is any punishment for the player.

I have mixed feelings about the policy. On one hand, the NFL is a company and the players are employees within. And, in a regular business setting the company has the right to determine specific policies that employees must adhere to - dress code, workplace conduct, tardiness policies, etc, etc. Let’s face it, if your boss tells you that you have to wear a tie - and you decide to never wear ties - don’t be surprised when you’re fired. Because, a company should have some rights in deciding how their employees represent the company.

Fair enough.

On the other hand, the NFL protesters are, by and large - black folks. And NFL owners are, by and large - white dudes. Which means we now have yet another policy where white dudes tell black folks what is appropriate for them to do and not to do. Which, is kind of tiresome. (Also, racist and gross.) And I'm not even getting into the inherent idea that, a person in a truly free society doesn't need to "respect the flag." Someone with the right of free speech is allowed, legally, to not stand and be forced to "respect the flag." It is literally their constitutional right to chose to stand or not, or to sing the anthem or not, and / or to show "respect" for the flag / anthem - or not. I am using a common sense attachment to the word "respect" but, yes, we could also quibble about "what does respect mean, anyway?"

On the other hand, again, as employees of the NFL, the company might be within their rights to say, "As employees of our company - you must stand and sing the national anthem." On the other hand it's not like the NFL has any competition. So, let's say a player says, "Well, free speech is in the constitution and therefor legal, and if your company policy takes away that right from me - then I quit and I'll take my talents elsewhere!" It's not like they can work at some other professional American football league. Their options are kind of limited.

I've already seen the Facebook rage begin. Even on my feed I have friends railing against the ruling and calling for an NFL boycott. I mean, first there was the ludicrous idea that the NFL was going to impose a 15 yard penalty on any team kneeling for the anthem. Which produced some online rage. Thankfully, it looks like that idea was shot down. But still - the very idea of it is insulting to reasonable thought. And now the idea that players can be fined - for exercising their constitutional rights - is burning some folk's britches. And I totally understand.

On the other hand - players are employees of a company who should have some say in how their employees represent them. Maybe. Right? Or is the policy too far? I honestly don't know. Some folks on Facebook clearly think they have the answer. Maybe they're right!

Or maybe they're overreacting.

Anyway, I hate to be wishy washy on the policy but I have mixed feelings about it. To be clear - I don't have mixed feelings about the obvious racial component. The new NFL policy is absolutely designed to make white Americans feel more comfortable watching the NFL. I mean, let's face it - if there is one thing that scares the F out of many white people, it's black folks exercising their constitutional rights and pushing for social change.

I mean, peacefully protesting by kneeling quietly during the national anthem seems pretty benign, right? This probably shouldn't even be a national issue. But it is. Such is the 'Murica we currently find ourselves in.

To be honest, I prefer the NFL's previous policy of - players are free to exercise their free speech. Or not. It's up to them. And I hate the racial component of this policy but I keep getting stuck on - but the NFL is a company and the company should be allowed some say in how their employees represent - the company. But the rage is building and I honestly don't expect the NFL to keep this policy.

I guess we'll see what happens now.

The NFL Players Association (NFLPA) had this to say about the new policy:

 

The NFL’s full policy statement:



POLICY STATEMENT

The 32 member clubs of the National Football League have reaffirmed their strong commitment to work alongside our players to strengthen our communities and advance social justice.  The unique platform that we have created is unprecedented in its scope, and will provide extraordinary resources in support of programs to promote positive social change in our communities.

The membership also strongly believes that:

1.  All team and league personnel on the field shall stand and show respect for the flag and the Anthem.

2.  The Game Operations Manual will be revised to remove the requirement that all players be on the field for the Anthem.

3.  Personnel who choose not to stand for the Anthem may stay in the locker room or in a similar location off the field until after the Anthem has been performed.

4.  A club will be fined by the League if its personnel are on the field and do not stand and show respect for the flag and the Anthem.

5.  Each club may develop its own work rules, consistent with the above principles, regarding its personnel who do not stand and show respect for the flag and the Anthem.

6.  The Commissioner will impose appropriate discipline on league personnel who do not stand and show respect for the flag and the Anthem.​

 

Each week at Foul Play-by-Play (follow the link to listen to the audio) we will review the week’s cheats, cheap shots and alleged criminals in sports for a sports talk radio show, eventually airing online and on GCNLive radio affiliates. Here are your top law-related sports headlines and cheats of the week for May 11-17, 2018.

Headlines Audio: Legal Sports Gambling and Domestic Violence

Cheats of the Week Audio: Rafael Palmeiro, Robinson Cano, and Mark Ingram

Headlines

The Supreme Court Allows States to Determine Legality of Sports Betting

The Supreme Court struck down the federal law prohibiting state-sponsored sports betting after almost a six-year legal battle. States can now decide whether to allow or disallow sports gambling, with 20 states having already proposed bills to legalize sports gambling.

New Jersey expects to have its sportsbooks up and running before the start of the NBA Finals, but tribal casinos could theoretically open sportsbooks immediately because they are their own sovereign nations. The 1993 Nation-State Gaming Compact authorizes the Oneida nation of New York to adopt any gaming specification that is permitted without any further approvals by the State. They intend to open a sportsbook as soon as possible.

Tribal casinos in rural America have the most to gain from the Supreme Court’s decision, because sports gambling could actually cut into the profits of urban, tribal casinos by moving money from most profitable gaming machines to less profitable sportsbooks. Setting up a sportsbook is also expensive, especially an online sportsbook, which gamblers will demand. The cautious approach of urban, tribal casinos to open sportsbooks could allow rural, tribal casinos to be first to market in the American online sportsbook industry. But your state, Montana, has long been against sports gambling. It’s one of nine states prohibiting residents from betting on fantasy sports.

While the consensus of casino experts seems to be that the estimated $140 billion per year illegally wagered on sports in the U.S. according to the American Gaming Association (AGA) is overestimated, there’s tons of money to be made by a score of entities outside the gaming industry. NBA Commissioner Adam Silver wants his league to get one percent of all bets made on its games. Local newspapers and radio entities in states with legal sports gambling will now be able to provide content related to sports gambling instead of dancing around the subject. Most importantly, though, most of the billions of dollars Americans have stashed with online bookkeepers overseas will find its way back to the states and stimulate the American economy. I say most because these online bookkeepers overseas have been fraudulent in the past.

New Detroit Lions Head Coach Defends his Innocence 22 Years Later

Newly hired coach of the Detroit Lions, Matt Patricia, was forced to once again express his innocence when Robert Snell of The Detroit News published a story about sexual assault allegations brought against him that resulted in an indictment but no trial for Patricia 22 years ago. Patricia’s accuser declined to testify citing “stress” as a reason, but Patricia and his attorney vehemently denied the abuse ever occurring.

As a former journalist, I’ll just say that Robert Snell of The Detroit News isn’t starting his work relationship with Patricia and the Detroit Lions on the right foot. I had the difficulty of covering a similar story involving a high school golf coach with an alleged history of sexual harassment of female golfers. But when that teacher/coach was first hired by the district, no story was written about his alleged past because no charges were brought against him and his former district sealed all details of the allegations from the public as part of the terms of his termination.

No charges were brought against the coach the second time, either, but despite that, my employer wanted me to write a story based solely on unsubstantiated allegations that could further undermine that teacher/coach’s career. It ultimately resulted in me submitting my resignation, and I feel I was correct in doing so.

Patricia’s case is entirely different because he was charged and indicted, and while I think Snell might have risked his employer’s work relationship with Patricia and the Detroit Lions, somebody should have and would have brought attention to this 22-year-old story.

Colin Kaepernick and Eric Reid are Still Looking for Work

Also in the news, Colin Kaepernick and Eric Reid, a couple of capable football players who can’t find jobs because of the expression of their personal views, are working out together with hopes of landing on an NFL roster.

Both players have waged grievances against the league for colluding against them to keep them from making a living in their chosen profession. Reid was asked about his anthem protest plans by the Bengals, according to Mike Florio of Pro Football Talk, and Kaepernick was similarly asked about his plans for the anthem by the Seahawks, who postponed a scheduled workout with the Super Bowl quarterback because Kaepernick reportedly had no plan in place, according to NFL Network’s Ian Rapaport.

But these players aren’t breaking any rules. The NFL owners and players’ association could have collectively bargained for players to be required to stand of the national anthem had they foreseen it as an issue. The NBA did, but the NFL didn’t.

I think my biggest problem with all the haters of these anthem protesters is their attempt at justifying their hate. For once I’d just like to run into someone who says, “You know, I just really like the national anthem as a song, and the protests don’t allow me to enjoy it as much.” I think that’s the only justification for disliking the anthem protests. The whole “honor the military and stand for the flag” argument just doesn’t compute with me because I’ve never seen the flag or the anthem as representative of our military specifically. To me, it’s representative of this nation and the rights of those of us who reside here, especially the right to free speech, which I feel is the First Amendment of the Constitution because it’s most important. Kaepernick even altered his protest, going from sitting to kneeling, acknowledging and accepting the opinion of ex-Green Beret Nate Boyer.

My least favorite justification for hating the anthem protesters is the ‘if I did that at my job I’d be fired’ defense. My old man made that argument just a few days ago, and I wanted to tell him he shouldn’t be mad at Kaepernick for using his workplace as a means to create awareness for a cause for which he’s passionate. He should be mad at himself for not obtaining a job that would allow him to also do so.

The railroad workday is not televised, and they don’t kickoff the railroad workday with what was, for the longest time, a paid advertisement by the United States military exploiting the national anthem to appeal to the patriotic sensibilities of the NFL’s mostly American audience. But imagine every American industry started the workday with the national anthem. Before an attorney tried a case the national anthem would be played in the courtroom. Before I could sit at my desk and read the news, the national anthem would be played over the intercom. Before my dad could fix a locomotive, the national anthem would be played throughout the roundhouse.

Now, assuming the same situation facing the NFL, where players are not contractually obligated to stand for the national anthem, employees of all industries could use the anthem as an opportunity to draw attention to themselves, and, in turn, a cause of their choosing. You might not have the media reporting on a railroad machinist’s decision to kneel for the anthem, but his fellow coworkers would probably ask why he didn’t stand for the anthem.

You might even have employers like NFL owners who dismiss employees for their anthem protests. They’d have good reason if morale or production is effected or damage is done to the employers’ brand. But, I ask you, is it not still illegal for an employer who has terminated an anthem protester to contact all the other employers in his industry and make sure they never hire that employee? It indeed is, and if that’s the case, wouldn’t that employee be due lost wages for the employers colluding to take away his or her right to work? He most certainly would. I don’t understand why so many people insist these guys should be banned from the sport and forced to find a new job. If you were fired from your job for expressing your political views and then colluded against by the employers of your chosen career, would you accept that you were terminated justly and humbly find work at a convenience store?

Cheats of the Week

Honorable mention: Former Texas Rangers’ first baseman Rafael Palmeiro, at 53, got a hit in his second at-bat with the Independent League’s Cleburne Railroaders, his son, Patrick’s team. Patrick also had a hit and made a great play at third base, throwing over to his dad at first to complete it.

ESPN’s Tim Kurkjian said on The Dan LeBatard Show with Stu Gotz there’s no way Palmeiro makes it back to the majors because teams want nothing to do with him after lying under oath about using performance-enhancing drugs.  

Bronze medalist: Seattle Mariners All-star second baseman Robinson Cano was suspended 80 games for use of the banned substance Furosemide, a diuretic commonly used to mask performance-enhancing drug use. Cano said in a statement that he was given the substance by licensed doctor in the Dominican Republic to treat a medical condition. Furosemide is used to treat fluid retention in people with congestive heart failure, liver disease, or kidney disorders, as well as high blood pressure, or hypertension. Under MLB's drug policy, a player is not automatically suspended for use of a diuretic unless MLB can prove he intended to use it as a masking agent. Cano reportedly tested positive for the drug prior to the season and appealed the potential suspension, but MLB was apparently able to prove his intent, resulting in Cano dropping his appeal. It will cost him $11,850,000.

Silver medalist: Minnesota Timberwolves assistant Rick Brunson resigned amid allegations of “improper interactions with several women while on the job,” according to The Athletic’s Jon Krawczynski. Brunson is still married despite admitting to an extramarital affair with a massage therapist in June 2014 that resulted in him being charged with attempted criminal sexual assault, criminal sexual abuse, aggravated battery and domestic battery. Brunson was acquitted of the charges.

Gold medalist: New Orleans running back Mark Ingram not only failed a drug test and was suspended four games for a drug “permissible with the proper use exemption from the NFL,” but will also sit out voluntary organized team activities entering a contract year. I probably don’t need to tell you, Mike, but Ingram had one of his best seasons last year, scoring 12 touchdowns and setting a career high in rushing yards.

In Ingram’s case, amphetamine was likely the drug “permissible with the proper use exemption,” a drug that has long been popular amongst athletes, especially baseball players. "'Greenies’" (Dexedrine) were a club house staple for decades beginning just after World War II, when ball players drafted into the military returned to the diamond having been exposed to the stimulant pills, which the armed forces dispensed by the millions. Another incubator of baseball speed-freakery was the winter Caribbean baseball circuit. There, players on seasonal hiatus discovered the two coffee pot system, where each club house had one pot with regular coffee and one with an amphetamine additive."

As of 2009 according to Michael S. Schmidt of The New York Times, “[t]he 106 players who received exemptions for attention deficit disorder represent about 8 percent of the major league players, based on 40-man rosters. The percentage of American adults who have been given a diagnosis of attention deficit disorder is somewhere between 1 and 3.5 percent, according to the National Institute of Mental Health, although some experts believe the actual number is much higher, citing a large number of undiagnosed cases.”

As someone diagnosed with Adult Attention-deficit/Hyperactivity Disorder (AADHD), I can tell you it’s very easy to obtain a prescription for amphetamines if you familiarize yourself with the symptoms prior to taking the tests medical professionals administer. I answered the questions as honestly as I could because I long suspected I suffered from ADHD. As early as first grade I would do something, anything, to break the boredom of being seated at my desk in the classroom. It got to the point my teacher had a sticky note attached to my desk with each day of the week, and she would mark the days that I behaved with a smiley face and the days I didn’t with a frowny face, delivering reports to my mother. When I was introduced to pens I clicked them incessantly. Even after being asked to stop, I would revert back to the habit in times of boredom. My teacher’s eventually inherited enough of my pens to never have to visit the school’s materials closet.

Amphetamines streamline your focus, and I imagine it slows down the spin and speed of a MLB fastball ever so slightly. For a running back like Ingram who relies on his vision to find holes in the defense, I’m sure it slows down that part of the game for him to react quicker. He won’t be doing any reacting for the first four games of the Saints’ season, though, and likely won’t be back with the Saints after this year given his free agent status and the abilities of their second-year back Alvin Kamara.

The United States Supreme Court ruled to strike down the Professional and Amateur Sports Protection Act (PASPA) by a 6-3 vote. The 1992 law barred state-authorized sports gambling, with Nevada being the sole exception.

The ruling allows states to determine whether they want to allow gambling on sports. While New Jersey expects to have sportsbooks open prior to the start of the NBA Finals, Delaware, Mississippi, New York, Pennsylvania and West Virginia are all prepared to get into legal bookmaking. But Indian nations could beat even those states to market.

Casinos on Indian reservations could theoretically open sportsbooks today because they are sovereign nations. The 1993 Nation-State Gaming Compact authorizes the Oneida nation in New York to adopt any gaming specification that is permitted without any further approvals by the State. They intend to open a sportsbook as soon as possible, but other tribal nations are taking a cautious approach.

The reason behind the cautiousness is the fact sports wagering isn’t all that profitable for casinos. According veteran Nevada sportsbook operator Art Manteris, sportsbetting “generates only a four- to six-percent margin, is labor-intensive and requires a major capital investment,” according to a story by Dave Palermo of Legal Sports Report.

Consider this: “From March 2015 to February 2016 a Nevada Gaming Control Board Gaming Revenue Report shows that the “total gaming win” (the casino’s win) over twelve months from slots was $7,066,306,000 (about 7 billion) total. Meanwhile, the total table games win was $4,094,401,000 (about 4 billion). The implication of this is that, even with sports gaming’s comparatively small return of $19,236,000 (about 19.2 million) considered, no casino game even comes close to slots in terms of revenue for the casino.” That’s according to Fact/Myth.

Palermo reports that “16 percent of the tribal casinos – many in urban areas – generate 71.5 percent of the $31.2 billion industry, according to senior economist Alan Meister of Nathan Associates.” These urban, tribal casinos might not have much reason to venture into sports betting since any dollar spent at the sportsbook instead of in a gaming machine is more likely to result in a loss and will certainly result in smaller margins of return.

But rural, tribal casinos could see sports betting as an opportunity. Places like 4 Bears Casino and Lodge in New Town, N.D. could supplement its revenue used to fund the needs of reservation residents by providing the first online sportsbook for North Dakotans.

While the consensus of casino experts seems to be that the estimated $140 billion per year illegally wagered on sports in the U.S. according to the American Gaming Association (AGA) is overestimated, there’s tons of money to be made by a score of entities outside the gaming industry.

NBA Commissioner Adam Silver wants his league to get one percent of all bets made on its games. Local newspapers and radio entities in states with legal sports gambling will now be able to provide content related to sports gambling instead of dancing around the subject. Most importantly, though, most of the billions of dollars Americans have stashed with online bookkeepers overseas will find its way back to the states and stimulate the American economy. I say most because these online bookkeepers overseas have been fraudulent in the past.

The Supreme Court decision is long overdue given the amount of revenue that could be raised by state and federal governments simply from administering a sin tax on gambling. Twenty states have already proposed bills to legalize sports gambling.


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Before the National Basketball Association (NBA) season began, almost anyone with any awareness of the NBA’s existence felt they knew which teams would be playing in each of the Conference Finals. Kyrie Irving and the Boston Celtics would meet LeBron James and the Cleveland Cavaliers in the Eastern Conference Finals, and Stephen Curry and Kevin Durant of the Golden State Warriors would play the Houston Rockets’ James Harden and Chris Paul in the Western Conference Finals.

That’s exactly how it turned out, minus Irving, who barring injury, would be suiting up against his former teammate in a Conference Final I’d actually watch. Now, I’ll wait to see if Houston can force a Game 7 against Golden State before tuning into the NBA Conference Finals, and it took me betting on Houston to win it all to even have an interest in that series. Basketball’s predictability is the very reason I prefer the Stanley Cup Playoffs.

Giant men wearing armor and wielding weapons in their hands and on their feet skate at immense speeds on an ever-changing playing surface chucking a rubber saucer at speeds even faster than their feet can carry them or baseballs are thrown while their opponents do all they can to get in front of that unpredictable projectile. Hockey is a most unpredictable sport, and that’s what holds my interest. The fact it hardly has any stoppages for commercial breaks, provides coaches with just one timeout, and requires live substitutions are all just big bonuses for the sport with the best postseason -- a postseason that can still be improved.

The NBA is also looking to improve its postseason, thankfully. Commissioner Adam Silver floated the idea of eliminating the conferences for the postseason and simply seeding the top 16 teams based on record. This would result in less chance of a lopsided NBA Finals series. For instance, the series most of us believe to be the actual championship series between Houston and Golden State would actually be played for the championship. Houston and Golden State would be the first- and second-ranked NBA playoff teams, respectively, and would only meet in the NBA Finals under the proposed postseason alteration.

While travel concerns and the fact that the seeding of Eastern Conference teams would be skewed based on them playing half as many games against the more dominant, deeper Western Conference might thwart the NBA’s efforts to improve the postseason. But they shouldn’t. As long as there are no back-to-back games scheduled in the NBA Playoffs, travel shouldn’t be a concern. And the seeding of teams from different conferences could be based on their play against similar opponents. For instance, if an Eastern Conference team finished the regular season with a better record than a Western Conference team but lost both games to that Western Conference team, the Eastern Conference team could be seeded behind the Western Conference team based on its performance in head-to-head matchups.

The dominance and depth of the NBA’s Western Conference is forcing Silver to find a way to remedy the lack of intrigue in his sport’s predictable playoffs. A lack of competitiveness results in a loss of fans, which is exactly what has happened with elections due to partisan gerrymandering. Because elections have become so uncompetitive, fewer people vote, thinking their vote doesn’t matter, which, of course, is the intent of partisan gerrymandering.

The same is true of American capitalism. “Free” markets work for the consumer when there’s competition. But businesses want markets working for them. It’s why six companies own the majority of media in America or the means to deliver media messages. Hollywood called this “vertical integration” until the Supreme Court eventually forced movie studios to divest their interest in theaters.

But it’s happening again, and on a much more massive scale. Not only do media moguls own the media produced but the means of distribution. Comcast owns the “movies” it makes and the “theaters” that distribute them. The theaters are the cable, internet and mobile data arms of Comcast, so not only are they pulling revenue from ad sales of their shows, but they’re making two trips to the bank on just about every customer by being either one of two or the sole provider of cable, internet or wireless data in that customer’s area.

The increasingly deregulated capitalistic markets reward monopolistic businesses at the expense of the consumer. Mergers are great for big business, but they aren’t good for consumers. Sprint merging with T-Mobile would result in one less competitor in the mobile data and mobile phone markets, and with each fallen competitor the price for those services increases.

If you live in rural America you’re probably familiar with the price gouging that occurs because of a lack of competition, especially in the cable, satellite, internet service and mobile data industries. Verizon actually kicked Eastern Montana customers off their data plans because they used too much data. Many of those customers don’t have access to internet otherwise, so Verizon knows they’ll have to come back, and will pay more to do so.

So I don’t watch the NBA Playoffs for the same reason I despise American capitalism: a lack of competitiveness that results from monopolistic mergers, like Durant going to Golden State. Maybe when my Timberwolves actually win a playoff series I’ll give the NBA Playoffs my divided attention. But even with my Minnesota Wild eliminated from the Stanley Cup Playoffs, I have and will continue to watch the NHL postseason, because there’s no telling what could happen.