Kaepernick Sues NFL Over Collusion To Deny Him Employment

[AngeloV]

BTW, do these laws and CBA items potentially threaten the tradition of requiring players to have to be on field at all for the playing of the national anthem?
Since it is a workplace for the players, why should they be forced to attend the playing of the national anthem at all?
Kind of like prayer in schools - should it be forced on everyone?
Just a thought.

A damn good thought IMO. I've been on record many times saying there really is no use for an Anthem at a pro sporting event. It shouldn't be forced on everyone. If they must play an anthem, and certain players feel they don't want to observe it, they should be allowed to wait in the locker room until the anthem has been played.

[Will]

A damn good thought IMO. I've been on record many times saying there really is no use for an Anthem at a pro sporting event. It shouldn't be forced on everyone. If they must play an anthem, and certain players feel they don't want to observe it, they should be allowed to wait in the locker room until the anthem has been played.

John Kryk brought this subject up in the Sun the other day.

[PullTogether73]

Well, aren't we all Nostradamuses?
Maybe the NFL brain trust reads this forum.


http://www.nfl.com/news/story/0ap300...olicy-for-2018

[Wobbler]

I'm curious to see how this works out. The league certainly wants to sweep protests under the rug, but if large numbers of players either stay in the locker room with their team's permission or "need to change their cleats and can't make it out in time for the anthem" it'll send a pretty strong message.

[jerrym]

Unsurprisingly, the CFL won't be following the NFL in this.

The CFL will not be following suit after the NFL approved a new policy Thursday aimed at addressing the firestorm over national anthem protests permitting players to stay in the locker room during “The Star-Spangled Banner” but requiring them to stand if they come to the field. ...

The CFL and the Saskatchewan Roughriders issued statements of support after Rider players first linked arms during a game last September.
“We cherish our anthem because of the values it has come to represent. One of those values is freedom of expression. Regardless of whether we liked it or agreed with it, we would absolutely respect our players’ right to express their views in this way, which is peaceful and does not disrupt our game in any way,” the CFL statement read. “If the words ‘true north strong and free’ are to be truly celebrated, we must honour their meaning, not just their singing. We say this in a sincere and heartfelt attempt to be faithful to those who over the years have fought and sacrificed for our freedom by supporting, in the present day, the exercise of that freedom.”

The CFL does not plan on changing that approach this season a league spokesman confirmed.

http://3downnation.com/2018/05/23/cf...them-protests/

[jerrym]

When it comes to what is allowed in terms of protests, American Constitutional law, labor and civil rights legislation, as well the NFL player's union Collective Bargaining Agreement all provide significant protection to a player.



https://www.nytimes.com/2017/10/17/o...-protests.html


In the case of the NFL, the Collective Bargaining Agreement offers further protection to players. Although Kaepernick, because he is the plaintiff in the collusion case must provide the burden of proof to show that collusion occurred, has the right to depose the NFL owners, which has already begun, to look at team emails and other club information to support his case.



https://poseidon01.ssrn.com/delivery...006024&EXT=pdf

Just read through all of this.
I didn't realize that all of this stuff existed, and certainly the bit about the CBA players' rights is damning against the owners.

I still disagree strongly with the form of these protests (I strongly support the cause though), but this doesn't look good for the owners.

@AngeloV - yah, I probably am underestimating the GOB (OV!) nature of the owners.


BTW, do these laws and CBA items potentially threaten the tradition of requiring players to have to be on field at all for the playing of the national anthem?
Since it is a workplace for the players, why should they be forced to attend the playing of the national anthem at all?
Kind of like prayer in schools - should it be forced on everyone?
Just a thought.

These laws and CBAs exist for a reason. Today Trump proved it he said that during the national anthem players "should stand proudly or you shouldn't be playing or you shouldn't be there or maybe you shouldn't be in the country".
Sports journalist Harold Bryant said he has interviewed many NFL players and leaders of the NFLPA. Their general response to the owners insistence on players standing for the national anthem or staying in the locker room was "This is just beginning".
MSNBC's Meet the Press's Chuck Todd said a Brillant Comera poll in March 2018 of Black NFL fans found that 35% of them are watching the NFL less because of what the owners did to Kaepernick.

[jerrym]

There's a lot anger developing among NFL players over Trump's most recent comments on the national anthem and over the owners threatening to fine players for not standing for the national anthem only a couple of days after the players and owners reached a social justice accord. The negotiation of a new Collective Bargaining Agreement in 2020 was already looking like it was going to be difficult because many players feel their current agreement heavily favours the owners. The anthem issue is almost certainly going to contribute to more difficult negotiations.

Denver Broncos Brandon Marshall had some strong words on Thursday when talking about the NFL’s new national anthem policy, and especially in response to President Donald Trump’s suggestion that players who remain in the locker room under the new rule “shouldn’t be in the country.” ...

Marshall didn’t hold back when asked about Trump’s comment to Fox News in a Thursday morning interview, when he said in that the NFL’s resolution, announced on Wednesday was “good” but those who remain in the locker room “maybe shouldn’t be in the country.”
“I say ‘disgusting’ because of our First Amendment rights,” Marshall said. “We have freedom of speech, right? Freedom to protest? Because somebody decides to protest something, now have to be kicked out of the country? That’s not how things should work, in my opinion. … Just because somebody disagrees with something, or if I didn’t stand for the anthem, or if I don’t like what’s going on, that’s basically him saying I should be kicked out the country. ...

Like many players, Marshall does not like the NFL’s new policy, which owners enacted without input from players or the NFL Players’ Association.

https://www.yahoo.com/news/broncos-b...151008488.html

[AngeloV]

There's a lot anger developing among NFL players over Trump's most recent comments on the national anthem and over the owners threatening to fine players for not standing for the national anthem only a couple of days after the players and owners reached a social justice accord. The negotiation of a new Collective Bargaining Agreement in 2020 was already looking like it was going to be difficult because many players feel their current agreement heavily favours the owners. The anthem issue is almost certainly going to contribute to more difficult negotiations.



https://www.yahoo.com/news/broncos-b...151008488.html

As well there should be anger. Yes, many get paid big time money to play, but the way the owners and specifically the idiot president are handling this is ridiculous.

[R.J]

Personally I think the NFL should have just gone with the NBA's rule - "Players, coaches and trainers are to stand and line up in a dignified posture along the sidelines or on the foul line during the playing of the national anthem.".
Add in - In a memo to teams, deputy NBA commissioner Mark Tatum reminded them, "The NBA has a rule that players, coaches and trainers stand respectfully for the anthem. The league office will determine how to deal with any possible instance in which a player, coach or trainer does not stand for the anthem. (Teams do not have the discretion to waive this rule)."

Steve Kerr's "outrage" is hilarious when you consider that the NBA has zero tolerance for it, and the NFL is at least trying to be a bit more lenient.

I'm not necessarily for or against anthems being sung for sports, but since they are, I do believe the flag and anthem should not be disrespected. I'm glad the NFL did something.

[jerrym]

You might have a different perspective if you were a Black American, as the March 2018 Brillant Comera poll of Black NFL fans found: namely, that 35% of them are watching the NFL less because of what the owners did to Kaepernick. Former Argo OL Tony Washington also has a different perspective:

Ticats starting tackle Tony Washington, who grew up in Louisiana and Texas, takes issue with the NFL ’s new policy. He says the treatment of minorities in the U.S. and the new NFL policy, constitute ‘an injustice’.

“Everybody (in the U.S.) is trying to ignore it and wants us to be quiet. You had Olympic athletes who used their platform to voice their opinion back in the ‘60s and ‘70s, and for them to try to take it away from the guys now it’s almost like saying ‘We don’t really care. Don’t do it on our time. Do it on your own time,'” Washington said.

“It’s a big issue and the NFL has shown that they could really care less.”

Washington, who never played in the NFL, has played in the CFL for Edmonton, Toronto and Hamilton says that living in Canada for the better part of seven years, he hasn’t seen the discrimination he sees in the U.S.

http://3downnation.com/2018/05/25/ti...-an-injustice/

[AngeloV]

You might have a different perspective if you were a Black American,

Exactly Jerry. That is a major reason in why I support him, and all the others that did what they did. It was peaceful, non violent. Had Black cops gone on a spree of killing white perps, and the white players did this, Trump especially, but all the owners as well, would not have been heard from. The backlash is so racist it isn't even funny. Makes me ill when I hear white people say it isn't racist.

[jerrym]

Seattle's signing of Austin Davis as backup QB during the last week, signals that Kaepernick is likely never going to play in the NFL again.

A mobile, 29-year-old quarterback who in the past five seasons started in two NFC championship games and one Super Bowl and amassed a touchdowns-to-interceptions ratio that ranks among the best in NFL history is out of the league without an apparent opening to get back in. ...

In picking Davis over Kaepernick, who has been seeking work since he opted out of his deal with the San Francisco 49ers ahead of free agency in March, Seattle chose a journeyman who has failed to establish himself as a viable NFL passer in stints with the Los Angeles Rams, Cleveland Browns and Denver Broncos. Davis didn’t even appear in a game last season. ...

There’s only one logical takeaway: The Seahawks were concerned about potential fan backlash for signing Kaepernick, who ignited a nationwide debate by choosing not to stand during the national anthem — first sitting, then kneeling — in an effort to draw attention to the oppression of black people and people of color. ...

For some time, some African-American players have expressed anger that, in their opinion, Kaepernick is effectively being blackballed by owners because of his political stance. And there’s ample evidence to support that argument:

• Far less accomplished signal-callers have signed with new teams, Davis being the most recent.
• Owners have criticized Kaepernick’s form of protest and cautioned that a team that signed him could encounter major problems with its fan base.
• President Donald Trump has gone in on Kaepernick as well.But something changed Monday. It felt like a new line was crossed. The Seahawks’ decision sent a loud message that the NFL could be completely done with Kaepernick.

If Kaepernick isn’t wanted by a playoff contender even though his skills are well-suited for its offense, where can he turn? Both Wilson and Kaepernick are dual-threat quarterbacks. ...

Kaepernick has not been charged with a crime. He has not been accused of violating any aspect of the league’s collective bargaining agreement. He’s done nothing more than exercise his right to protest peacefully, which is protected by the Constitution. ...

Even playing for the horrid 49ers in 2016 — their roster is in the process of being overhauled by new management — Kaepernick showed big-play ability. San Francisco receivers had the second-highest percentage of dropped passes in the league. Still, Kaepernick completed almost 60 percent of his passes (59.2). He passed for 16 touchdowns and had only four interceptions. ...

Kaepernick has rushed for 2,300 yards (with a 6.1-yard average) and 13 touchdowns. Kaepernick and Wilson are great on zone-read plays, which are QB runs from a spread option formation that includes a lead blocker. ...


From a football standpoint, picking Davis over Kaepernick made no sense. Of course, the Seahawks’ decision wasn’t based on anything that had to do with football. That’s why what happened Monday was so chilling. Any quarterback with Kaepernick’s career arc and touchdowns-to-interceptions ratio, at his age, would likely be on a roster if not for owners’ feelings about his protest. At this point, to argue otherwise would simply be illogical. The signing of Davis proved that.

https://theundefeated.com/features/w...ck-in-the-nfl/

[jerrym]

Kaepernick is not only deposing NFL owners, GMs and coaches, his lawyers are planning to subpoena President Trump, VP Pence and some members of their campaign team related to the alleged collusion to deny him employment.

Kaepernick’s legal team is expected to send out subpoenas to both President Donald Trump and Vice President Mike Pence, as well as other members of Trump’s campaign team, relating to the alleged collusion case.
By deposing Trump and Pence, Kaepernick’s attorneys intend to explore any ties that the NFL’s owners may have with the President. By investigating phone records, emails or any other documents, lawyers may be able to find evidence of communication between the White House and the NFL specifically pertaining to Kaepernick. ...

A subpoena for Trump was expected after a secret recording of an owners meeting leaked to the media earlier this year, exposing several owners discuss how they were afraid to piss Trump off with players kneeling because he would criticize them publicly. More recent reports also exposed owners admitting they had conversations with Trump about his distaste for players kneeling.

https://www.afro.com/kaepernicks-law...e-against-nfl/

[jerrym]

The confirmation that the owners were motivated to try to stop players from kneeling during the national anthem to protest racism because of Trump's criticism comes from a recording of a meeting between some players and owners.

Multiple NFL owners have admitted that they were influenced to crack down on players kneeling in protest after having actual conversations with President Donald Trump, the Wall Street Journal reported.
A recently leaked secret recording of a meeting between players and owners last year had already exposed several of the owners acknowledging Trump’s criticism of the league as the motivation behind their interest in stopping players from kneeling during the playing of the National Anthem in protest of racism and police brutality. But according to the Wall Street Journal, there’s now evidence of at least one of the owners actually having a conversation with the President about his displeasure with players protesting. ...

“This is a very winning, strong issue for me,” Dallas Cowboys owner Jerry Jones said Trump told him during a phone call, as reported by the WSJ. “Tell everybody, you can’t win this one. This one lifts me.”
Jones shared details of his phone conversation with Trump during a deposition. ...

Miami Dolphins owner Stephen Ross was also one of the owners deposed and reportedly mentioned that New England Patriots owner Bob Craft told him he had also personally talked with Trump about players kneeling. Ross admitted that Trump swayed his opinion on how people perceived the players’ form of protest.
“I was totally supportive of [the players kneeling] until Trump made his statement,” Ross said in his deposition, according to the WSJ. “[Trump] changed the dialogue.”

https://www.afro.com/nfl-owners-admi...from-kneeling/

[jerrym]

In the following article, a number of American BC Lions comment on the national anthem controversy in the US, beginning with Bryan Turnham, whose father Lem both played for the Philadelphia Eagles and fought in Vietnam.

Burnham’s son, Bryan, plays for the B.C. Lions. On Wednesday he was asked about his father’s opinion on the latest controversy involving Donald Trump, his idea of patriotism and athletes who don’t share the president’s views.

“I see where the other side is coming from,” Burnham said as the Lions broke training camp in Kamloops. “It’s an emotional issue. My dad fought in Vietnam and he has the utmost respect for the flag, but he understands where the protesters are coming from. They’re not doing it to bash the troops. They’ve said that repeatedly. They’re doing it because they believe there is injustice in their country and that’s their platform.” ...

There’s a lot of stuff going on I don’t agree with but I can’t stop it,” said Odell Willis, before adding, “Those type of athletes (James and Curry) have a bigger platform to express their feelings and I think that’s great. We have the First Amendment. You’re supposed to have freedom of speech.”
Solomon Elimimian, who was raised in south-central Los Angeles and now splits his time between Canada and the U.S., echoed that thought.
“I don’t want to get into it, but it’s important to use that platform,” said the Lions’ linebacker. “There are a lot of people who don’t have voices. Then you look at LeBron, a multimillion-dollar athlete, and he speaks for those people.”
Elimimian is asked if things have changed since Trump became president. “That’s a hard question,” he said. “I think a lot of guys will tell you being in Canada is different. The environment is different. The culture is different. America has a deep history when it comes to race. It’s a different vibe here.”

Second-year Lion Tyler Davis elected to spend his off-season in Vancouver rather than return to his hometown of St. Louis. In an article that appeared on the Lions’ website a couple months ago, Davis said: “(St. Louis) is not a very good place for someone of my demographic.”
On Wednesday he walked that back. But not too far. “There was really nothing for me to go back to in St. Louis,” said the wide receiver. “I grew up there. I’ve seen it. Growing up between St. Louis and Oakland (Davis’s father Clarence played for the Raiders) neither one was that great. Being up here I can see other things and do other things.”
Burnham, meanwhile, spent most of his off-season in Tulsa where he met his wife Aubrey while going to university. “(Oklahoma) is a red state for sure, but I haven’t noticed stuff just walking around,” he said. “Where I do notice it is on social media where people say things they wouldn’t say in person.”
We’ve kind of noticed the same thing.
“They draw this line where if you don’t stand for the national anthem you have no respect for the Armed Forces,” Burnham continued. “It’s not about that at all and that’s not why they’re doing it. I really believe what they’re saying isn’t political at all. They just believe the guy who’s in the White House isn’t doing the right thing when it comes to social justice.”

http://vancouversun.com/sports/footb...9-8696f498b3e2

[jerrym]

The NFL is trying to bring Kaepernick's collusion case to a finish. However, the video accompanying the following article says that more and more players are coming out in support of Kaepernick.

According to Yahoo.com's Charles Robinson, the league is now pushing to bring Kaepernick's collusion case to a close. The NFL, citing the part of the collective-bargaining agreement that deals with collusion cases, has requested that arbitrator Stephen Burbank provide a summary judgement in the case, sources told Robinson. ...

It's now up to Burbank to decide whether Kaepernick's legal team has uncovered sufficient evidence to continue with its suit against the NFL. If Burbank rules in favor of Kaepernick, the case can continue, perhaps with more depositions. If Burbank rules against Kaepernick, the case can be dismissed in favor of the league.
"In no uncertain terms, the request is the most pivotal moment in the nearly nine months of discovery and depositions between [Kaepernick] and the NFL," Robinson writes, adding: "Kaepernick's legal team will now have to file an argument with discovery or deposition material that supports the case continuing ... [and, according to the CBA], the argument will need to show evidence 'sufficient to raise a genuine issue of material fact capable of satisfying' Kaepernick's collusion allegation."

Several owners and general managers have reportedly already been deposed as part of the grievance. Robinson has previously reported that Kaepernick's legal team is expected to seek to subpoena President Donald Trump, Vice President Mike Pence and "and other officials familiar with the president's agenda on protesting NFL players," though Robinson now notes that it is "unclear what impact Burbank's decision could have on an attempt by Kaepernick's legal team to pursue subpoenas of ... Trump and/or others in his administration."

https://www.cbssports.com/nfl/news/n...es-for-ruling/

[jerrym]

Further support for Kaepernick came today with the NFLPA's launching a collective bargaining agreement grievance against the NFL over its new national anthem policy that allows players to protest the national anthem by staying in the dressing room but forbidding sitting or taking a knee on the field during its performance. The grievance is based on the lack of consultation with the NFLPA in the drafting of the national anthem policy. The NFL has agreed to enter into discussions suggested by the NFLPA in an attempt to avoid litigation.

After Kaepernick initially protested police brutality and social injustice by taking a knee during the national anthem, more than 200 players also initially protested during the national anthem but the numbers decreased as the 2016 season continued.

https://www.ctvnews.ca/sports/nfl-pl...licy-1.4007855

[jerrym]

The NFL has agreed to put its anthem policy on hold while negotiating with the NFLPA on the policy.
The owners are divided on what to do. New York Giants co-owner Steve Tisch says he will not punish players for protests during the anthem while internal documents of the Miami Dolphins suggest they could suspend players for up to four games for kneeling during the anthem.

https://sports.yahoo.com/ny-giants-c...192000734.html



Of course Trump has a different solution.

The NFL National Anthem Debate is alive and well again - can’t believe it! 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!

— Donald J. Trump (@realDonaldTrump) July 20, 2018

[jerrym]

Despite the NFL agreeing with the NFLPA to put its anthem policy on hold while the two organizations negotiate, Dallas Cowboys owner Jerry Jones says his players must stand for the national anthem and his son says they will be cut if they don't. Atlanta Falcons owner is much more diplomatic, noting that players have first amendment rights. This leaves a big question mark as to what is going to happen when the NFL preseason starts next week.

https://www.nytimes.com/2018/07/27/s...rry-jones.html

[jerrym]

So far no Dallas Cowboy has indicated they will challenge owner Jerry Jone's to stand for the national anthem or be cut.
https://www.usatoday.com/story/sport...icy/854573002/


On the other hand, Philadelphia Eagles' safety Malcolm Jenkins is challenging supportive NFL owners to challenge Jerry Jones' position on the anthem.
http://3downnation.com/2018/07/27/tr...wn-his-rights/

Quite the mess.