NFL Commissioner, Roger Goodell, has a scheduled hearing before the House Energy and Commerce subcommittee today to discuss the suspensions of Pat and Kevin Williams for a banned substance, StarCaps. The Vikings players tested positive in 2008 for the diuretic bumetanide, which is banned by the NFL because it can mask the presence of steroids. The players acknowledged taking the over-the-counter weight loss supplement StarCaps, which did not state on the label that it contained bumetanide. (It should be noted that neither player is accused of taking steroids).
The core issue in this case is federal versus state law. The NFL is contending that the Labor Management Relations Act should usurp Minnesota state workplace laws, thereby allowing the suspensions to stand. On the hierarchy of laws, federal legislation trumps state laws by way of the Supremacy Clause in the Constitution. If the subcommittee sides with the NFL, it could have damaging implications to the Williamses playing status this year, or even could carry over to 2010.
Goodell is adamant about imposing the suspensions, saying the “we believe that a specific and tailored amendment to the Labor Management Relations Act is appropriate and necessary to protect collectively bargained steroid policies from attack under state law.”
The NFL had attempted to suspend Minnesota Vikings Pat Williams and Kevin Williams for four games, but the players sued the league in state court, arguing the league’s testing violated Minnesota laws. The case was remanded to federal court, and the NFL players union filed a similar lawsuit on behalf of the Williamses and New Orleans Saints players who were also suspended.
In May, a federal judge dismissed the union’s lawsuit and several claims in the Williamses’ case but sent two claims involving Minnesota workplace laws back to state court. A judge there issued an injunction prohibiting the NFL from suspending the players and has scheduled the trial for March 8, 2010. In September, a federal appeals court panel agreed with those decisions, allowing the Williamses to continue playing while the case is pending in state court.
The Williamses argument will be articulated by DeMaurice Smith, executive director of the NFL players union. Smith contends that this case differs from others. He said Dr. John Lombardo, who oversees the league’s steroid policy, learned that StarCaps contained bumetanide but did not inform the players.
“Frankly, the fundamental failure of that doctor to ensure immediate disclosure of the fact that StarCaps included bumetanide violated his paramount duty as a doctor — to protect patients, in this case, our players,” Smith said in his prepared testimony. Smith demanded changes to the league-union steroid policy that would require the NFL to notify players when it learns that a product contains a banned substance.
*Excerpts of this story were incorporated from the AP report.
[Shahaab Tehrani can be reached at: shahaabt@yahoo.com]
