Ohio State's Maurice Clarett Sues NFL

ABC/ESPN Breaking News ^ | September 23, 2003 | staff writer

[rftc]

Suspended Ohio State tailback Maurice Clarett sued the National Football League today in an historic attempt to gain entry into the league.

Under the current rules, Clarett is not eligible for entry until 2005.

[jbstrick]

"limiting his right to earn a living"

In what way? Also, where is this 'right' enumerated in the US Constitution?

[discostu]

All unions do that (try working in a union shop in a union job title without paying the dues). If it got thrown out on that basis every single collective bargaining agreement in the country would be thrown out... maybe not a bad thing but something that definitely won't happen.

[Bikers4Bush]

"They are refusing a grown man the right to earn a living."

Wrong, but thanks for playing. He's free to go play in Canada.

[misterrob]

You don't know that he is not old enough to play in the NFL and he certainly has played against top competition (remember that U Miami had their entire D-line drafted and their linebackers are as good as or better than some of the slugs in the NFL today.). Granted, he is not showing real smarts here but having spoken to an NFL owner before he was first to admit that most of the guys on his payroll were not the kind of people you would want to associate with in public anyway.

[discostu]

Their dirty monopoly money was in full display in open court because of the USFL, cost the NFL 3 bucks American.

They are NOT refusing to let him earn a living. How is the NFL keeping Clarett from being hired by a semi-pro league, the CFL or the Arena League? The answer is they aren't. He's free to earn a living as a football player, just not as an NFL football player for another couple of years.

[mhking]

The suit, filed in Manhattan federal court, claims the NFL rule violates antitrust law because it is separate from the NFL's current collective bargaining agreement with its players union.

"The rule is a restraint of amateur athletes who were strangers to the collective bargaining process," the suit says.

The lawsuit says the NFL "enjoys a monopoly over professional football in the United States." It goes on to say that the rule preventing players from entering the draft until they have been out of high school three years is not in the collective bargaining agreement with the NFL Players Association and claims that the rule perpetuates the college ranks as a farm system for the NFL by preventing potential players from selling their services to the league.

The lawsuit also says that had Clarett been eligible for the 2003 NFL Draft, it is "almost certain" he would have been selected in the beginning of the first round and would have agreed to a contract and signing bonus worth millions of dollars.

"Almost certain?" Ha! What a maroon!

The anti-trust issue is moot. All anyone has to point to is the Arena League (I'm sure they'll come back and try to insist that Arenaball is not "real" football).

The League is within it's right to hire whom they want, provided they follow all commensurrate labor and civil rights laws. Clarett's case is counterfeit.

[1Old Pro]

The Spencer Haywood NBA case should strike the NFL rule down.

That's what I heard as well.

[TexasCajun]

He does not have a right. The NFL is private and can set their own rules.

Obviously you have never owned your own business!!

Local, State & Federal entities are ALWAYS telling me how to run my PRIVATE business.

[discostu]

I most certainly DO know he's not old enough to play in the NFL, the NFL SAYS SO. It doesn't matter if he's played against top competition, he hasn't been out of high school long enough. Those are the rules, any player that can't respect the rules of the game doesn't belong on the field.

[Bikers4Bush]

Being eligible for the draft does not need to be a part of the CBA because the players are NOT a part of the CBA UNTIL they are drafted and have signed a contract.

Being a potential employee and an employee are two entirely different things.

A point that is being missed here.

The NFL owns and runs the draft. They have the right to decide who participates based on minimum requirements.

[You Dirty Rats]

Funny, but I seem to recall that the NFL's "Dirty monopoly" has already been aired in public. The jury in the USFL case found the NFL was a monopoly and awarded the USFL $3.00 in damages.

Then again, you are so certain that this is a simple, open-and-shut case that the NFL will lose, that you must have some special insight into the statutes and case law. Perhaps you think that there is no legal right for a private employer to set standards of employment. Hmmm.

[mhking]

They are refusing a grown man the right to earn a living.

Nope. Try again. He's welcome to play elsewhere. He's welcome to work in a different industry.

[You Dirty Rats]

Spencer Haywood never sued the NBA. That's flat-out wrong.

It was the NCAA that tried to stop Haywood from playing for the ABA. They lost. The NCAA four-year rule has nothing to do with the current situation.

[You Dirty Rats]

Yes, the NFL can set minimum requirements, but they have to conform to the law. For example, if the Draft barred all African-Americans, it would be illegal.

Unfortunately for Mo, there aren't similar "protections" for age or lack of years after college.

[mhking]

Spencer Haywood never sued the NBA. That's flat-out wrong.

From Sportslawnews.com:

After being named the anchor of the gold-medal 1968 U.S. Olympic basketball Team, Spencer Haywood became known for his exploits on the basketball court. However, looking back at the career of Spencer Haywood an argument can be made that his greatest triumph was not on the basketball court but in the court of law, when he single-handedly took on the draft policies of the National Basketball Association.

Prior to 1971, the National Basketball Association had a rule that required a graduating high-school player to wait four years before he would become eligible to play in its league. The rule did not expressly state that a player had to attend college or place an age restriction on players entering the NBA, although clearly those were the intentions behind the rule. What the rule did in fact state was that "a player could not make himself available" to be drafted by a NBA team unless he waited fours years following his graduation from high school. 

After competing in the Olympics and signing a contract with the Denver Rockets of the American Basketball Association in 1970, Haywood was drafted by Seattle of the NBA even though four years had not surpassed since his graduation from high school. As a result of Seattle signing Haywood before his college class graduated, the NBA threatened to disallow the contract and implement various punitive sanctions against the Seattle basketball club.

Haywood challenged this decision by commencing an antitrust action against the NBA that eventual went to the United States Supreme Court in 1971. As part of his claim against the NBA, Haywood argued that the conduct of the NBA was a "group boycott" and a violation of the Sherman Antitrust Act  [click here]. The central issue that had to be determined was whether the NBA draft policy was a restraint on trade and therefore was illegal in accordance with the Sherman Act.

The District Court, in Denver Rockets v. All-Pro Management, 325 F. Supp. 1049 (C.D. Calf. 1971) ruled in favor of   Haywood and granted an injunction which allowed him to play in the NBA and prohibited the NBA from placing sanctions on Seattle. The District Court ruled in favor of Haywood since it felt that Haywood would suffer irreparable injury and his playing career would be dissipated since his physical skills and co-ordination would deteriorate from lack of high level competition if he was prohibited from continuing to play with the Seattle team.

Today, the effects of Haywood v. NBA are seem with greater frequency as a significant number of high school graduates and college attendees make themselves eligible for the NBA draft before completing four years in college. Therefore, despite Spencer Haywood's fine career as a professional basketball player, his greatest victory may have in fact come from a different court.

[atlaw]

Ricky Williams? I don't think he had any reputation other than somewhat eccentric with a brutal work ethic.

[1Old Pro]

I stand corrected

[hobbes1]

No you dont see above.

[atlaw]

"Clarett was playing against 180-pound HIGH SCHOOL linemen 18 months ago!"

In a way, I hope he does end up in the NFL. And on his first run from scrimmage Junior Seau takes his helmet off. Welcome to the big leagues.

[cspackler]

Um...- Ricky Williams, Randy Moss, Warren Sapp...

Please don't put Ricky Williams in that list, he had nowhere near the baggage, just emotional problems that he is fighting through...