All rise, and welcome to this sports court of public opinion we call Foul Play-by-Play -- the podcast that provides play-by-play and color commentary on foul play in sports on and off the field, pitch, court, and ice.

Headlines

Headline 1: Dolphins First to Release Potential Penalties for Anthem Protests

Since the Miami Dolphins are one of the first NFL teams to report to training camp, they were the first to put police brutality protest penalties in writing, as required by the league. I’m calling them police brutality protests instead of anthem protests because that’s what they are: the players are protesting police brutality against minorities, not the national anthem. Yet the media was quick to dub the protests as anthem protests, which has stuck.

If you search Google using the terms “anthem protest” you get 13.6 million hits. Using the search terms “anthem protests” you get almost 1.5 million hits. If you search “police brutality protests” you get just 187,000 hits, so simply assigning a name to these protests

The Dolphins stuffed the police brutality protests in with other acts of conduct deemed “detrimental to the club” punishable by up to four-game suspensions, but they reportedly have no intent of suspending players four games for protesting the national anthem. Co-owner of the New York Giants, Steve Tisch, has since announced that their players will not be subject to penalties for protesting police brutality during the national anthem.

The public backlash to the Dolphins’ announcement has forced the NFL to put a freeze on its national anthem protest policy, and the NFL Players’ Association and the NFL are finally working out an agreement to end the anthem feud, as should have been the case in the first place given the collective bargaining agreement.

Since the Dolphins’ announcement and resulting public backlash, Donald Trump has tweeted his displeasure with the anthem dispute, tweeting, “Isn’t it in contract that players must stand at attention, hand on heart? The $40,000,000 Commissioner must now make a stand. First time kneeling, out for game. Second time kneeling, out for season/no pay!”

To answer your question Donald, players’ contracts do not include an anthem clause and neither does the collective bargaining agreement, and the commissioner taking your recommended stand could be devastating to the league given the NFL Players’ Association membership being almost 70-percent black. That union, at least, still has power. There is no NFL if only the black players protest during the anthem, and it hasn’t been just black players protesting.

I imagine the players value their right to protest less than guaranteed contracts but more than the right to use cannabis. On the topic of guaranteed contracts...

Headline 2: Le’Veon Bell to Play Without Job Security for Third Straight Season

For a third consecutive season, running back Le’Veon Bell will play for the Steelers without a long-term contract in place, providing him no job security if he were to be injured in 2018. Pittsburgh’s final offer to Bell, which is likely to be the final contract the Steelers ever offer Bell, was reportedly worth $70 million over five years. But it only contained $10 million in guaranteed money, according to NFL.com’s Ian Rapoport. And Jason Fitzgerald of OverTheCap.com tweeted that the deal would have been virtually identical to...the last contract” Pittsburgh offered because the boosts in value would have been based on the increase in value of the running back franchise tag.

Bell’s franchise tag with Pittsburgh will pay him $14.55 million this season, but if he were to be injured, Bell might end up with a mostly unguaranteed contract in 2019 if he’s healthy enough to play at all.

Bell isn’t the only player griping about the NFL’s non-guaranteed contracts, but running backs seem to be the loudest proponents for guaranteed contracts and for good reason. Los Angeles Rams’ running back Todd Gurley told TMZ Sports that all NFL players deserve guaranteed contracts and expects a lockout by the players to get them in 2021.

Running back DeMarco Murray chose to retire at age 30, and during his short, seven-year career, Murray amassed just over $25 million. That’s what Yu Darvish will make this season despite spending much of it on the disabled list. Murray, remember, led the league in rushing and yards from scrimmage just four years ago. So a guy who was arguably the best player in the sport at one time made the same amount of money over his career as a top-30 starting pitcher will make this season despite appearing in just eight games thus far.

Major League Baseball, though, is not a hard-capped league. Owners could theoretically spend as much as they want on players, although not without paying a hefty competitive-balance tax. The same goes for the NBA, but the NFL and NHL owners benefit from a hard salary cap that limits the earning potential of players. It seems NFL players are better positioned in bargaining than they’ve ever been given decreasing viewership and youth participation. So what are the chances the NFLPA challenges the hard cap with a 2021 lockout, and how ugly is this round of collective bargaining going to get? And will it end the way the players want, with guaranteed contracts for all NFL players?

Headline 3: Randy Gregory, Banished for Cannabis Use to Deal with Anxiety, Earns NFL Reinstatement

Dallas Cowboys pass rusher Randy Gregory has been reinstated by the NFL, ending a two-year banishment for repeat violations of the league’s Substances of Abuse Policy. Gregory’s use of cannabis while at Nebraska is well documented, and he’s told multiple media outlets that he used the drug to cope with anxiety.

With the STATES Act getting the support of Congressmen and -women on both sides of the aisle, it seems the end of cannabis prohibition will be determined by each individual state. It’s safe to say Texas might be one of the last states to adopt medical cannabis laws, but regardless of the laws in Texas, the STATES Act would still allow the NFL to prohibit cannabis use, medically or otherwise and in states where it's legal or otherwise. With cannabis remaining federally illegal, the NFL can pretty much demand what it wants of its employees regardless of state law. But the NFL Players’ Association can and should make it a point to demand cannabis prohibition end in the NFL.

On the show two months ago we talked about a high school football player whose use of CBD oil, the non-psychoactive chemical in cannabis that has healing and pain relieving properties, eased his seizures so he could play the game. But the .3 percent of THC, the psychoactive chemical in cannabis responsible for its euphoric effects, still present in his medicine made it impossible for him to realize his dream of playing for the Auburn Tigers due to NCAA rules. “We don’t want kids to give up their dreams of playing football for a living because there’s fewer and fewer of those kids in existence everyday due to concussion fears” seems like a strong message the NFLPA can use to get what it wants on this front.

Headline 4: Josh Hader Required to Complete Sensitivity Training for Tweets Made at 17 Years Old

Milwaukee Brewers reliever Josh Hader’s first All-Star appearance didn’t go very well, allowing three runs on four hits in a third of an inning, but what awaited him after the game was even worse.

Jeff Passan reported for Yahoo Sports that Twitter users uncovered a series of racist, sexist and homophobic tweets Hader made over an eight-month period when he was 17 years old. Hader thrice used the n-word, used the fist emoji followed by “white power lol” and another time tweeted, simply, “KKK.” “I hate gay people,” one tweet read, and two months before the Orioles drafted him in 2012, Hader tweeted, “Need a bitch that can bleep, cook, clean, right.”

Hader’s family and friends in attendance at the All-Star Game left Nationals Park with their Hader jerseys either inside-out or covered by generic, no-name National League All-Star jerseys. After the game, Hader called his comments “inexcusable” and said he was “deeply sorry” for what he said. “There’s nothing before that I believe now,” he added. “When you’re a kid, you tweet what’s on your mind.”

Regardless of age, those thoughts being on anyone’s mind should be troubling to anyone, and in my mind, it’s partially a result of just white, old-timers being white, old-timers and teaching their kids outdated and offensive habits, and partially a result of the segregation that persists in this country in the form of gentrification. Hader graduated from high school in Millersville, Maryland where 55 percent of enrolled students are minorities, according to U.S. News and World Report. But 71.3 percent of the city’s population is white.

Here in Minneapolis we have school segregation disguised as a “right to choose.” That is, parents and students have the so-called “right to choose” in which school they want to enroll, resulting in taxpayers like me paying more to bus white kids to mostly white schools further from the diverse neighborhoods in which they live.

Maryland also prides itself as a “right to choose” state, offering vouchers to low-income students to attend private and charter schools instead of public schools where the majority of students are minorities. That wasn’t the case for Hader, but he was sounding like Donald Trump before Donald Trump started sounding like Donald Trump. Hader’s tweets were published a year prior to the 2012 election that didn’t include Trump, but did see Barack Obama earn reelection by beating the pants off Mitt Romney.

So from where does this seemingly growing racist and sexist sentiment of young, white men start? Is it a direct result of the reign of white presidents coming to an end and a sense that white men’s power is finally being threatened?

Headline 5: Marcell Dareus Faces Two Sexual Assault Lawsuits

Jacksonville Jaguars defensive tackle Marcell Dareus is facing two lawsuits alleging sexual assault. The first, brought by an unidentified Texas woman, accuses Dareus of sexual assault and transmission of a sexually transmitted disease, according to Chris Parenteau of News 4 Jacksonville.

The second lawsuit stems from an alleged incident occurring in Florida in January 2017, according to Greg Aumen of the Tampa Bay Times. Dareus rented a mansion in Florida the week of the college football national championship game and allegedly invited the accuser to an afterparty at the mansion, where she said Dareus groped her against her wishes. She then “blacked out” from drinking too much alcohol and awoke next to a naked Dareus, aware that sexual acts had been committed.

Dareus will move to have the second lawsuit dismissed on Aug. 9, but regardless of how the lawsuits are settled, Dareus would be subject to suspension by the NFL and for a considerable amount of time. The baseline suspension for sexual assault is six games, but the NFL hasn’t had to issue a punishment for multiple allegations as of yet, meaning Dareus could miss up to 12 games this season.

Headline 6: Cardinals GM Suspended After Pleading Guilty to Extreme DUI

Arizona Cardinals general manager Steve Keim was suspended by the team for five weeks and fined $200,000 after pleading guilty to extreme driving under intoxication on Tuesday. The suspension stems from an incident occurring the night of July 4th. Keim was arrested, booked and released the same night, but shouldn’t NFL GMs and owners be subject to the same conduct policy as the players?

Headline 7: Olympic Figure Skating Medalist Denis Ten is Murdered

Olympic figure skating medalist Denis Ten was murdered Thursday in Kazakhstan by a man who has since confessed to the crime in the presence of an attorney. Ten was stabbed after a dispute with people who allegedly tried to steal a mirror from his car in his home city. He died in the hospital of massive blood loss from multiple wounds, the Kazinform news agency said.

Cheats of the Week

Our dishonorable mention this week is Milwaukee Bucks center Thon Maker, who was suspended three FIBA matches for delivering multiple flying kicks during a brawl between Australia and the Philippines in a World Cup qualifying match on July 2nd. Do you agree that flying kicks by a seven-footer would be considered cheating in a basketball brawl, Mike?

Winner of the Bronze Balls award this week is Jacksonville Jaguars pass rusher Dante Fowler, who was suspended for the first game of the 2018 season. Fowler’s bronze balls are massive, as he refereed a fight between his baby momma and current girlfriend in February of 2016, a video of which TMZ released. Fowler also has 10 traffic violations since December of 2015, and is charged with misdemeanor battery and mischief after an arrest on Tuesday. All of this comes in a contract year for Fowler, Mike.

The Silver Syringe goes to New York Jets receiver ArDarius Stewart, who tested positive for a substance designed to mask performance-enhancing drug use, Ian Rapoport reports. While a suspension hasn’t been announced, it’s expected to keep Stewart out for two games.

Our two-bit cheat of the week is former New York Knicks center Charles Oakley, who was arrested in Las Vegas for pulling back a $100 chip he wagered after learning he had lost his bet.

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 July 20th, 1944, en route to a 20-win season, St. Louis Browns’ ace Nelson Potter became the first player in big-league history to be ejected and suspended for throwing spitballs. Potter denied ever loading up the ball with anything, and returned to play a big part as a reliever and spot starter in the Boston Braves’ World Series appearance in 1948.

The last player to be ejected and suspended for using a substance on baseballs is former Yankee and current Twin Michael Pineda, who was ejected and suspended for loading the ball with pine tar back in 2014. 

Published in Sports

At Foul Play-by-Play we provide play-by-play and color commentary of foul play in sports on and off the field, pitch, court and ice. Here are the headlines, cheats of the week and a trip back in time when foul play was fair game to John McGraw.

Headlines

NFLPA Files Grievance Against NFL Owners’ New National Anthem Policy

The NFL Players’ Association filed a non-injury grievance challenging the NFL’s new national anthem policy, Tuesday. According to our comrade Al Neal of PeoplesWorld.org, “[w]ith the league changing the policy without first negotiating with the union, it will need to rely on the broad powers given to the commissioner, Roger Goodell, through the personal conduct policy.”

What I took from the piece at People’s World is the players’ chances sort of depend on the definition of detrimental conduct and whether a majority of four, mutually-selected neutral arbitrators would consider kneeling during the national anthem to be conduct detrimental to the NFL. It seems the conduct has been detrimental to the league if you consider television ratings. A survey released in February found that 50 percent of U.S. consumers who watched less football in 2017 did so because of the anthem protests. But in-game advertising revenue actually increased, so what qualifies as evidence of detriment? Is loss of fans enough or does it have to be quantified in dollars?

And what kind of precedent would this be setting if the NFL’s national anthem policy remains unchanged? Neal mentioned prayer being challenged in his piece, but Tim Tebow proved taking a knee for Jesus is profitable for the NFL, but probably not during the anthem. And apparently taking a knee for a minority murdered by police who go free is detrimental to the league, which is just another example of American racism that didn’t go away because we had a black President; it intensified instead. I think eliminating prayer would be the last thing on the NFL’s wish list. I’m sure the old, white, can’t-dance owners, of which there are 30, would prefer to implement penalties as stiff as their hips for the hip-thrusting dancers we all love like Antonio Brown. I just don't think there's any way the NFL wins this because of the means by which they adopted the policy outside the collective bargaining agreement and without considering the players' association. But they could get an anthem win elsewhere...

NFL Seeks Early End to Kaepernick Collusion Case

In more NFL legal news, the NFL is asking arbitrator Stephen Burbank to issue a summary judgement in Colin Kaepernick’s collusion lawsuit against the league, which would bring an end to the saga and give NFL owners another win on the anthem front. Burbank’s refusal to issue a summary judgement would allow the grievance to move forward and allow Kaepernick an opportunity to collect.

The NFL, according to Mike Florio of Pro Football Talk, hopes to force Kaepernick to ‘put his cards on the table’ and prove they have enough evidence of collusion to continue the lawsuit. So even if the NFL doesn’t get the summary judgement, they’ll know the trial plan of Kaepernick’s team of lawyers. But law requires all facts to be viewed “in the most favorable light” towards Kaepernick, meaning it shouldn’t take much to force the continuation of the case. 

I’m assuming Kaepernick doesn’t have a recording of a phone call with an NFL owner saying “I can’t hire you because the other owners said I can't,” so what could Kaepernick possibly have to prove collusion besides the statistics of his last season being better than most backup quarterbacks who played, and why can't that be enough? The only chance I think Kaepernick has is if NFL owners unanimously agreed that the backlash from Donald Trump's tweets would be more damaging to their bottom line than blackballing Kaepernick.

DOJ Provisionally Approves Disney Bid for 21st Century Fox, except RSNs

Disney’s $71.3-billion offer for the movie and television assets of 21st Century Fox has been granted provisional approval by the Department of Justice as long as Disney sells the 22 regional sports networks it would acquire in the acquisition. While Comcast could still outbid Disney for Fox’s assets, they too would likely be required to sell the regional sports networks (RSNs) in order to receive DOJ approval.

With Disney’s assets already including ESPN and ABC programming – the homes of Monday Night Football, the NBA Playoffs and NBA Finals – the company that rode the coattails of a cartoon mouse to mountains of money has found plenty of new ways to invade your home. But Disney’s potential acquisition of Fox’s assets opens doors at the box office as well, uniting the Marvel Cinematic Universe to include the X-men, Fantastic Four and Deadpool along with Disney’s Avengers and Black Panther.

The condition of divesting Fox’s RSNs demanded by the DOJ is intended to preserve competition and protect consumers from monopolistic price gouging, but will it? Andrew Bucholtz of Awful Announcing expects Comcast, holder of the second-most RSNs behind Fox with seven, Charter, owner of five RSNs, and AT&T, owner of three RSNs and a minority shareholder of Seattle’s Root Sports, to be frontrunners for the 22 RSNs Disney will be forced to sell.

Sports teams could also acquire their respective RSNs. YES Network, formerly owned by the Yankees, could once again become an asset for the pinstripers. Eight professional sports teams are featured on Fox Sports Southwest, so it’s possible that a few RSNs end up owned by teams, but taking the best offer might not be the best deal for Disney.

Selling the 22 RSNs individually might result in the most money made from the sale of those networks, but packaging all or most of the RSNs together in a deal allows the buyer to set a higher price for access because of a lack of competition that would remain, which would allow Disney to, in turn, hike the price of its offerings to match that of the acquiring party, resulting in more revenue long-term despite the lower purchase price. 

Colombian Striker Falcao Accuses American Referee of Favoring England

Colombia striker Radamel Falcao accused American referee Mark Geiger of favoring England in Colombia’s World Cup loss to England in the round of 16, last Tuesday. Colombia was the recipient of six of the game’s eight yellow cards and were whistled for 23 of the 36 fouls.

Geiger was also responsible for England’s only goal during open play, resulting from a penalty he called on Colombia midfielder Carlos Sanchez. Falcao thought scheduling a referee who only spoke English for a game involving England allowed for bias and that “through small calls,” Geiger was pushing Colombia toward its own goal.

We talked a bit last week about the attitude of soccer players in our discussion of the Swedish coach complaining about the German team celebrating its win in stoppage time in front of the Swedes’ bench. And while players and coaches find a way to complain about officiating in every sport, FIFA’s history of corruption has to be considered before Falcao is labeled a crybaby. I didn’t watch the match, so I can’t comment on the calls Geiger made, but I don’t need to watch the game to make a decision in this case.

If it can be avoided, I don’t think a native English speaker, and certainly not a speaker of only English, should officiate any international contest in which native English speakers are involved. I understand that coaches and captains, not necessarily every player, should be able to communicate with officials, but FIFA is known to have its favorites, and Colombia has never been one of those. England, meanwhile, has exceeded everyone’s expectations at the World Cup. Even if the scheduling of Geiger for this game wasn’t an intentional attempt at foul play, FIFA didn’t do much to silence sceptics like Falcao and Foul Play-by-Play.

Seattle Seahawks Safety Kam Chancellor Retires, Sort Of

Kam Chancellor has announced his retirement after eight seasons as safety for the late Legion of Boom. His announcement doesn’t qualify as an official retirement, though, because he isn’t medically cleared to play and is retiring as a result.

That means the Seahawks will be required to pay Chancellor the $6.8 million he’s owed this season because he was on the roster after Feb. 10. Chancellor is also due the $5.2 million guaranteed next season, NFL.com’s Ian Rapoport explains.

I think this is money Chancellor has already earned simply by sacrificing his body to play previous seasons, but some people might be up in arms over the fact Chancellor is being paid not to work, even if they qualify for workers’ compensation when they’re injured on the job. 

One-game Suspension Likely for Eagles Starting Linebacker Nigel Bradham

The Super Bowl champion Philadelphia Eagles will likely be without starting linebacker Nigel Bradham for their opening game of the 2018 NFL season against the Atlanta Falcons. Bradham, 28, just signed a five-year, $40 million extension with the Eagles.

A one-game suspension could be coming for Bradham as a result of a 2016 alleged assault at a hotel in south Florida. Bradham turned himself in and was charged with aggravated battery, but he avoided jail time. Ray Rice was only suspended two games for his third-degree aggravated assault, so do you think the NFL gave Bradham a break because of how he handled the allegation or because we don’t have a video of the alleged assault, which Bradham said has been resolved legally?

Cheats of the Week

Our dishonorable mention this week is New York Yankees outfielder Brett Gardner, who told Newsday he wasn’t happy about being fined “thousands of dollars” for taking too long to get into the batter’s box. Gardner complained about pitchers throwing to bases to waste time while he takes “three seconds too long to get in the box.” Gardner isn’t the first or only player fined for pace of play violations. Adam Jones told MLB Network Radio he was fined $50,000 last year for violating the rules. I don’t think Gardner has good argument here because throw-overs are necessary, legal in-game action, while Gardner tightening his batting gloves or adjusting his nut cup is simply inaction.

Bronze Balls: Speaking of nuts, owner of the bronzest balls this week is New England Patriots receiver Julian Edelman for appealing his four-game, performance-enhancing drug suspension and losing.  

Silver Syringe: Winner of the silver syringe this week is Indianapolis Colts running back Robert Turbin, who is facing a four-game suspension for performance-enhancing drug use, which he confirmed on Twitter.

Two-bit Cheat of the Week: And our two-bit cheat of the week is my boy, Grayson Allen, who got tangled up with the Atlanta Hawks’ Trae Young in the final Summer League game for the Utah Jazz. A more apt description of the incident might be that Allen tied up Young, with his arms draped over Young’s shoulders in what was at least an intentional foul (VIDEO). Allen received a personal foul and then technicals were given to both players for the foul play after Allen’s foul play.I like this attitude of Allen’s showing up early in his NBA career because he can make up for some of his defensive inability by flirting with the boundaries of foul play. It’s also fun to watch given his history. 

Historically Foul Play

On July 8th, 1902, player/manager John McGraw earned his release from the Baltimore Orioles after being suspended indefinitely on June 29th because he and his players incessantly argued with umpires even after McGraw told Johnson he’d put an end to it. McGraw proceeded to protest calls by umpire Jack Sheridan by sitting down in the batter’s box until he was expelled, and continued to encourage his players to berate umpires.

Upon his release, McGraw organized the purchase of 201 shares of Orioles stock with John Brush and Andrew Freedman from Orioles president John J. Mahon for majority ownership of the franchise so they could ship players to the Cincinnati Reds or New York Giants franchises Brush and Freedman also owned. Knowing that Johnson intended to move the Orioles to New York and the American League after the season, McGraw secured the rights of four players to play for the Giants, and Brush claimed three more for the Reds, leaving the Orioles with just five players.

The Orioles had to forfeit a game to the St. Louis Browns on July 17 and borrowed players from other teams to complete their schedule. Johnson announced the intended move of the Orioles to New York and the American League, and Brush purchased the Giants from Freedman. And in the second year of its existence, the World Series was cancelled because McGraw refused to play the American League due to his feud with Johnson. He agreed to play the following season, winning the 1905 World Series. John McGraw went on to win two more World Series for the Giants in 1921 and 1922. These McGraw-inspired antics are what I miss most in this era of replay.

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