One of the strangest days in recent NFL history ended with more questions than answers as NFL teams seemed unsure of how to handle U.S. District Court Judge Susan Nelson’s Monday ruling that technically lifted the league-imposed lockout. Players, believing Nelson’s ruling meant they were allowed to report to team facilities to work out and seek treatment for injuries, showed up at those team facilities around the country. Some were allowed in, some weren’t, but by the end of the day the NFL had issued guidelines apparently keeping the lockout in place in spite of Nelson’s ruling.
“We are going to proceed in an orderly way that is fair to the teams and players and complies with court orders,” NFL spokesman Greg Aiello said. “Players are being treated with courtesy and respect at club facilities. We do not believe it is appropriate for football activities to take place until there are further rulings from the court. Under the last set of proposals made to the NFLPA, teams wouldn’t even be into offseason programs yet. We need a few days to sort this out, as NFLPA attorney Jim Quinn indicated last night.”
The players, however, disputed the notion that keeping them from working out at team facilities complied with the court’s order.
“The lockout is lifted,” Jets fullback Tony Richardson told ProPlayerInsiders.com at a pre-draft event in New York City. “We believe it should be business as usual and we should be able to use the team facilities as need be.”
The New York Giants were the only team that allowed players who showed up to work out at their team facility, but by day’s end even they were saying the players would not be afforded the same courtesy if they showed up again Wednesday. The NFLPA, meanwhile, criticized the league for not having a plan in place for what to do Tuesday if Nelson ruled in the players’ favor Monday.
“The owners didn’t seem to have a plan in place for an injunction,” NFLPA spokesman George Atallah said. “We were in a situation today where there were no uniform rules across the league.”
Nelson on Monday granted an injunction that lifted the lockout. The NFL immediately announced its intention to appeal the ruling to the 8th Circuit appellate court and asked Nelson for a stay of the injunction until the appeal is heard. Nelson on Tuesday told the players they had until 10 am ET on Wednesday to respond to the league’s request, and the players issued that response Tuesday afternoon. Nelson then said the NFL had until 6 pm ET to re-submit its request for clarification of her ruling in light of the players’ response.
If Nelson does not agree to issue a stay of her injunction, the league likely would then make the same request of the 8th Circuit Court, which could issue the stay pending its ruling on the league’s appeal. The 8th Circuit likely wouldn’t rule on the stay until sometime next week, meaning the lockout would effectively remain in place through this week’s draft.
The league, however, runs the risk of future damages if it presses on with a lockout that Nelson has ruled illegal. Players could, in theory, sue the league under antitrust law for denying them access to facilities or delaying the star of free agency.
The NFLPA sent a letter to players and agents Tuesday telling free agents they were free to contact teams and shop their services, and telling all players they should attempt to work out at team facilities, where their contracts would be protected in case of injury. But it’s not likely that free agents will find teams receptive to their efforts, or that any players will find teams receptive to their desire to work out on team property, as long as the league is instructing teams to deny players the ability to participate in “football activities.”
The NFLPA also sent a letter to the league Tuesday. A source described that letter as one that “basically says, ‘You guys made this mess. What are you going to do to fix it?” and asks the league to clarify the rules that are in place in light of Nelson’s ruling.
It remains to be seen when the new league year will start and what the free agency rules will be once it does. But for now, in spite of the players’ enthusiasm over their big Monday victory and their belief that the lockout is no longer in place, it appears everyone remains in limbo until the courts provide more clarity.
One more interesting note: Once the case moves to appeal, the players will add attorney Ted Olson to their team of legal representatives. Olson was the opposing attorney against David Boies, who now represents the NFL, in the Bush v. Gore case in the wake of the disputed 2000 U.S. Presidential election.
