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.
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...
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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?
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.