As Judge Gary Larson doodles a few more Far Side strips while waiting for the final StarCaps briefs to arrive on April 2 (it’s not the same guy), let’s usurp his role and try to make sense of the claim that the NFL leaked in violation of Minnesota law the positive test results generated by Vikings defensive tackles Pat and Kevin Williams.
Based on our discussions with multiple league insiders, we’ve come to the conclusion that it’s virtually impossible to obtain full and complete confidentiality. Too many people know about the positive results, because too many need to know.
The same reality applies as to every drug-testing program, in every industry. When there’s a positive outcome, the information necessarily gets into the hands of multiple people, both in the league office and with the affected teams. The difference when it comes to professional sports arises from the fact that an ever-growing army of reporters constantly is swarming for the information. And with so many people needing to know it, the media needs only one of them to blab.
So why even try to preserve confidentiality? Some believe that the label is aimed at preserving the superficial integrity of the program. Even if confidentiality often is not preserved, the league needs to expect confidentiality in order to make the thing look and feel fair, just, and official.
Still, at the end of the day it’s the NFL’s obligation to preserve confidentiality. The law in this regard is clear. Section 181.954, subdivision 2, of the Minnesota statutes states that “[t]est result reports and other information acquired” during drug testing “may not be disclosed.” Period.
In this case, the players told their spouses, their agents, and their coach. They had no reason to tell anyone else. So if the information got out, it fairly can be inferred that the NFL failed to properly secure it.
In this regard, lawyer Peter Ginsberg might have been wise to list all of the past instances in which the confidentiality provision has been violated, with no consequence to the league. Surely, the players weren’t responsible for the leak in each of those cases.
We don’t know whether or not Ginsberg adopted this tactic. We do know that no one who testified admitted to being the leaker — which makes sense given the fact that NFL policy imposes a fine of up to $500,000.
Then there’s the reality that the NFL routinely breaches the confidentiality of the process when a player is officially suspended. Minnesota law contains no exception in this regard; the mere fact that a player is banished for four weeks, accompanied with a basic explanation of the reason for the suspension, violates the letter of the statute.
So what should the NFL do? It should take comprehensive steps to revamp the procedure to ensure that as few persons as possible know about the positive results, and then hope that they each can be trusted. The league also should say nothing about the reason for the suspension, once it is officially implemented.
The league also should be should consider arguing, if it hasn’t already, that NFL players are not entitled to the protections of the statute, which expressly applies only to “private sector” employees. Professional athletes are public figures, and their eligibility to work is a matter of intense public interest. Though technically paid by “private” interests, they are hardly “private” employees.
And this gets back to the notion that the union is in the best position to determine the players’ rights and responsibilities when determining the contours of drug-testing procedures. The collective-bargaining process takes into account the public nature of the work, and thus the NFL can make a strong case that the CBA should be respected in this regard.
“The league also should be should consider arguing, if it hasn’t already, that NFL players are not entitled to the protections of the statute, which expressly applies only to “private sector” employees. Professional athletes are public figures, and their eligibility to work is a matter of intense public interest. Though technically paid by “private” interests, they are hardly “private” employees.”
This is where you lost me. Just because a guy or guys are popular does not automatically make them public sector employees. You’re a lawyer Florio. You know this. It is a very weak stance, one I’m sure you know wouldn’t hold up.
Yea pervyharvin here just stopping by to tell you guys i like sucking male weiner that is all….skol vikings
With the media, insiders and other idiots it is not necessary to hear the truth, just post names and see what sticks.
“Private sector” means non-government. The fact an employee of a non-government entity is in the public eye will not disqualify him/her from being considered a “private sector” employee. Clearly, the Williamses are “private sector” employees.
Overrulled, Florio!
Here’s the definition of public sector:
The part of the economy concerned with providing basic government services. The composition of the public sector varies by country, but in most countries the public sector includes such services as the police, military, public roads, public transit, primary education and healthcare for the poor.
And private sector:
The part of a nation’s economy which is not controlled by the government.
I personally think the legal system should replace the term overruled with the term BOOM! ROASTED!
This pretty much proves my theory that lawyers are generally worthless to the common man.
If only every sector in America could “drum-up” business like lawyers and journalists do – not only would it give more people “the means”, it’d give Obama and his ilk a pile more cash to blow on union thuggery. So, win-win.
I beginning to think Florio got into blogging because the lawyer thing wasn’t working out so well.
They cheated, they know it, they told their family.. teamates..coaches.. i’s'not the NFL’s fault it got out!!
Quit the NFL & go work at Taco Bell if you don’t like it but don’t hide behind the welfare state laws of MN.
What if MN law stated no holding calls against the Vikings in the last 2 minutes of a game? Think about it!!
Florio must be the first lawyer of all time who didn’t understand public v private sectors. Or he just made a human mistake. Of course, he makes a living skewering people who make less egregious human mistakes in their own line of work.
Just one more post to show that Florio was absent the day they taught law at law school. It would be pretty hard to have a testing program where the person who had a positive was not told and the league has no control over what that person tells others. In fact that person controls their medical information and is free to tell others. I would also think in a collectively bargained program the waiver of certain rights of disclosure -like to the teams management or medical staff- is included.
The problem with this whole situation is that the lawyers that drafted the plan and CBA did not consider this a possibility. Either that or they wanted it to happen so they could get paid to litigate it on thin legal grounds.
Are players contractors or employees?
I thought they had to file taxes in all the venues they play because they are contractors.
pervyharvintouchesboys123 says:
March 15, 2010 10:58 AM
Yea pervyharvin here just stopping by to tell you guys i like sucking male weiner that is all….skol vikings
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Ho sad and pathetic your life must be to :
1.) get angry at a anonymous person on a blog site.
2.) be angry enough to set up a screen name that rips on said person.
3.) come up with a lame screen name such as the one you did.
I would feel sorry for you, but I can’t.
You are obviously lacking in the ways and means to survive life. Wouldn’t it be easier and save a lot of time, (not to mention taxpayers money to either A.) support your lazy unintelligent ass or B.) pay for you to be incarcerated.)
if you just found a bridge and jumped?
Something to mull over whilst you come up with your next “gem” of a post.
1mge says:
March 15, 2010 11:36 AM
They cheated, they know it, they told their family.. teamates..coaches.. i’s'not the NFL’s fault it got out!!
Quit the NFL & go work at Taco Bell if you don’t like it but don’t hide behind the welfare state laws of MN.
What if MN law stated no holding calls against the Vikings in the last 2 minutes of a game? Think about it!!
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Priceless!
A wisconsin resident ripping on Minnesota’s welfare system!
Come check out La Crosse sometime.
You’ll see the Chicago pipeline in full force, some great members of Society taking the “underground railroad” north to Wisconsin.
What if Wisconsin law said no horse raping? You’d still be a virgin…..Think about it!!!!
NFL players are private sector employees. Come on, this should be basic information and it is incorrect in this blog entry. Couldn’t the NFL simply announce suspensions and not add “because of violation of the NFL drug policy”? Do they need to give a reason as to why a player is suspended?
“In this case, the players told their spouses, their agents, and their coach. They had no reason to tell anyone else. So if the information got out, it fairly can be inferred that the NFL failed to properly secure it.”
How can it be “inferred” that the NFL is responsible for letting the info out?? What about teamates, coaches, trainers, girlfriends, spouses, etc. I’m not a lawyer, but I’m pretty sure that you can deem guilt based on an assumption.
confidentiality? who cares? For the amount of money the NFL sucks out of me, I have the right to know why my team is not playing a guy. Here’s an idea, don’t take drugs.
To chickeragner: Actually I’m a FL native and live just south of Tampa which has an NFL team that actually won a Superbowl and their players do get suspended when caught cheating unlike your city! But I still call a cheat a cheat.
Unfortunately I had the displeasure of spending 6 months in the Peoples Republic of MN and couldn’t return to FL fast enough.
Isn’t it blow your favorite waiter night in the TW Cities??? Shouldn’t you be warming up for your communist state sponsored event at tax payers expense?? Enjoy you’re tube steak!
I’d take Chicago or WI over that liberal hippie stink oil your residents call deoderant any day!
1mge says:
March 15, 2010 2:49 PM
To chickeragner: Actually I’m a FL native and live just south of Tampa which has an NFL team that actually won a Superbowl and their players do get suspended when caught cheating unlike your city! But I still call a cheat a cheat.
Unfortunately I had the displeasure of spending 6 months in the Peoples Republic of MN and couldn’t return to FL fast enough.
Isn’t it blow your favorite waiter night in the TW Cities??? Shouldn’t you be warming up for your communist state sponsored event at tax payers expense?? Enjoy you’re tube steak!
I’d take Chicago or WI over that liberal hippie stink oil your residents call deoderant any day!
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Turd:
Reading comprehension is a wonderful thing.
So is geography.
You should look into both of them sometime.
La Crosse is in WISCONSIN!
Yeah, that’s right.
You sound like the average idiot on here, not having all the facts or even reading the posts.
(Shit, there is that comprehension thing again!)
You sure seem to know that homosexual schedule quite well in Minnesota….let me guess, the gays didn’t want you either, so it’s back to the blow up doll?
Youre ripping on Minnesota and you live in Tampa? Tampa?! lol…
You could wipe that city of the face of the earth and crim across the US would go down by about 10%
Tampa…LMAO!
Yea pervyharvin here just stopping by to tell you guys i like sucking male weiner that is all….skol vikings
As opposed to female weiner?
shannscott2000 says:
March 15, 2010 3:40 PM
Yea pervyharvin here just stopping by to tell you guys i like sucking male weiner that is all….skol vikings
As opposed to female weiner?
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Lol……
Although i have seen some clitorises in my time that could possibly qualify for female weiners!
First, if Minnesota law states that the results may not be disclosed, the players were at fault for disclosing the results to family and coaches. Would this then abrogate the right to secrecy? Once one party shares the information, to whomever, it is no longer secret and the right to privacy is void, because you can never tell who spilled the beans.
Second, you can make the argument that “may” is not definitive as opposed to “shall”. “May” implies there is a choice.
Third, Florio does state that technically the players are private employees. He is making the point that they are public figures, I believe, and because of that certain rights are no longer applicable.
Chickenrag is an idiot!!!!!!!
Whats crim???? Never heard of it.
Next time read my post if you can comprehend it.
Tell us some more geography while your at it. Do you know where the Mississippi river is?? Please get all the MN liberal wackos to jump in and wash with soap, not that stinking hippie oil.
By the way, shouldn’t you be in line to blow your favorite waiter by now… or are too you busy paying that MN state income tax? I know you’re not in line for Vikings tickets becouse there IS NO LINE for them.
Does the peoples republic of MN still not allow it’s residents to buy booze or beer (not 3.2) on Sunday??
What a God awefull state!
Awefull, dont you hate misspelling something when you chide me for it?
The rest of your post is pathetic, why didnt you just repost your last one?
Wjat’s the matter? Did you get squat humped against your will in Minnesota.
Rip Minnesota all you want turd. I live in Wisconsin. Evidently through 2 posts, you still haven’t grasped that point.
Jagoff.
Pretty pathetic if the NFL thinks confidentiality can’t be achieved, at least from their end. They just have a system in which far to many people on their end know about the name and details of the result of the failure.
Systems need to be in place such very few people know all of the specifics. Lab folk may know a cup labeled with a certain number failed for a specific compound. Some people know a player is to be suspended for a non-specific reason. But only the player himself and a select few high level players union and league officials with nice jobs to lose know the player name and specifics of the result.
This way most of the time the specifics are kept confidential and if it does leak it will probably be the player or team that screws up.
Im sorry pervy harvin does not discriminate he sucks both male and female weiner sorry pervy..my bad skol jaguars