U.S. District Court Judge Susan Nelson, who Monday granted NFL players’ request for an injunction that would lift the league-imposed lockout, has denied the league’s request for a stay of that injunction pending its appeal. In a ruling issued late Wednesday, Nelson wrote that the NFL had not met the burden required for a stay pending appeal and that the players continue to suffer irreparable harm as long as the lockout continues.
Late Wednesday, the NFL asked the 8th Circuit Court of Appeals to issue the stay while it considers the league’s appeal of Nelson’s Monday ruling.
“We believe there are strong legal and practical reasons that support a stay and that the Court of Appeals should have an opportunity to address the important legal issues that will be presented,” NFL spokesman Greg Aiello said. “We have asked the Court of Appeals to consider on an expedited basis both our request for a stay and the appeal itself. We are evaluating the District Court’s decision and will advise our clubs (Thursday) morning on how to proceed.”
That means it’s possible the league could open for business as early as Thursday, though it’s unlikely it would want to upstage Thursday’s first round of the draft. If the NFL decides to begin the league year while the 8th Circuit deliberates, it could do so Friday or Monday. The players, for their part, believe it should already have done so, based on Nelson’s ruling.
“The last four words of her ruling (Monday) were ‘the lockout is enjoined,’” Cleveland Browns linebacker Scott Fujita told ProPlayerInsiders.com in a phone interview earlier Wednesday. “For us, the reality is, we’re in transition mode. We have a new coaching staff we haven’t been able to have any contact with during this, and guys want to get to work. To me, it’s about as black and white as it gets. Based on what Judge Nelson ruled, we should be allowed to do whatever we would normally be doing this time of year.”
It remains to be seen whether the league will open for business in light of this ruling and continue to operate as if the lockout remained in place. Nelson’s ruling Wednesday instructed the league to begin the new league year immediately, but also says NFL teams are under no obligation to enter into any new contracts with any players.
The players don’t think there’s much to consider. They believe the owners should follow Nelson’s order to the letter and begin league business as it would normally be conducted this time of year.
“They’re either crazy or they must feel pretty confident about their next step,” Fujita said. “Because it seems to me they’re taking a huge gamble. They are basically violating a court order. What happened (Tuesday) could be construed as acting in contempt of a court order.”
Fujita told his Browns teammates Monday night to show up at team headquarters to talk to coaches and work out if they wanted to. While players were not permitted to do that Monday, Fujita and other player reps are likely to give the same advice regarding Thursday.
