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NFL issues statement on latest StarCaps decision

Hours after Vikings defensive tackles Pat Williams and Kevin Williams won another injunction in the StarCaps case, the NFL issued a statement responding to the decision.

“Today’s decision does not change the fact that every court has rejected the players’ claims and upheld the operation of the policy,” the league’s statement says. “We are confident the state appellate court will do the same. The alleged ‘public policy’ and ‘failure to warn’ issues identified in today’s decision were fully litigated and resolved in the league’s favor by two federal courts last year. There is no basis in our view for now re-introducing those issues of federal law at this stage of the case.”

But while the league expresses confidence that it will ultimately win on appeal, it still can’t suspend the players while they exercise their appellate rights.

And that’s good news for Vikings fans, as it’s highly unlikely Williams and Williams will be suspended in 2010.

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27 Responses to “NFL issues statement on latest StarCaps decision”
  1. Contra says: May 21, 2010 2:17 PM

    HOW MANY MORE STARCAPS POSTS ARE YOU GOINT TO PUT UP!?!?!? WTF!?!?!?!?

  2. vanhelsing says: May 21, 2010 2:18 PM

    i agree with the nfl that the players should have been suspended.
    but, the players’ claims have been upheld most of the damn time on this subject.
    i am sure arizona and dallas would be happier had they ALL been suspended…

  3. Evpimp says: May 21, 2010 2:20 PM

    SKOL Vikings! Make that NFC North Champs 3
    years in a row!!

  4. therewasone says: May 21, 2010 2:20 PM

    Maybe they’ll get suspended for making the NFL look bad.

  5. expodis says: May 21, 2010 2:22 PM

    The NFL must have some special broom stick they want to stick up the Williams asses and continue this non-sense. I still wonder how much litigation money they have used for this case vs how many jobs could have been filled with it. Next time I take a shit, Im going to be thinking about Roget Goodell.

  6. robert ethen says: May 21, 2010 2:23 PM

    I can’t wait until Moss or T.O. or Ocho are playing what they know will be their last season. Those guys will come out of the tunnel smoking a joint. Go over and urinate on the other team’s mascot. Celebrate a touchdown by pulling a syringe out of their sock and shooting HGH into their ass in the middle of the field. Lol.

  7. ctvikingsfan says: May 21, 2010 2:26 PM

    oh ya roger ‘pretty boy’ goodell is vrying like a little baby.he is going to drag this out.ever since he has been the commisioner all i here is about suspensions players getting in trouble its all bad publicity.

  8. Norseman says: May 21, 2010 2:30 PM

    I thought this part of Judge Larson’s ruling was very telling and goes to the heart of the whole matter:
    He chided the NFL – as he has before – for deciding against telling the players that the weight-loss diet supplement StarCaps contained the unlisted ingredient Bumetanide, a powerful and dangerous diuretic. “Defendant created a trap that it knew would result in violations of the program,” Larson wrote.
    Larson said the NFL “could have easily avoided this very situation by informing players or teams about what it already knew – that Star Caps contained a hidden, dangerous substance. Defendant knew that many players were already inadvertently ingesting Bumetanide, and continued to place the health, safety, and welfare of its players in jeopardy, so that [NFL vice president] Adolpho Birch could play a game of gotcha.”
    The NFL shouldn’t be allowed to benefit from its own misconduct, Larson wrote.
    The NFL went fishing and landed some big ones. They may not have been required by law to reveal to players that Star Caps contained a banned substance. But why wouldn’t you unless your reasoning was just to snare some big names and make a phony example of them? If the health and well-being of players was truly the NFL’s concern, they could and should have told every player about Star Caps as soon as they knew it was tainted. They cynically and deliberately chose not to. To me, that’s bad faith and not fair.

  9. DICECOLDSR says: May 21, 2010 2:37 PM

    Walt Disney would love all this mickeymouse b.s.

  10. Nebster21 says: May 21, 2010 2:39 PM

    Is what the Williams wall did right, no. Am I glad that they are telling the NFL to STFU, YES. The NFL seems as though they are gods. I am glad someone or some people are bringing them back to earth. I wonder how much the Retired players are paying for these trials. A real reporter would be asking how is the NFL paying for court sessions? Are they taking it out of retired players money due to them or are they taking it out of money due the players. Or are they taking it out of the salaries of the commish and the people involved with this whole fiasco. I know I would be pissed if I was having money taken away from me to keep on fighting a losing battle.

  11. FriarBob says: May 21, 2010 2:42 PM

    The league may have been legally right in that they didn’t break any laws with their game of “gotcha”, but it was blatantly wrong in a moral sense.
    Kinda the same way that Cushing was legally right to claim he didn’t test positive for a steroid and that therefore he isn’t a proven cheater… but morally wrong for refusing to admit what anybody with two working brain cells can figure out in three second flat.

  12. DallasNiner says: May 21, 2010 2:43 PM

    The NFL just needs to shut up and admit it was wrong.

  13. norseman69 says: May 21, 2010 2:45 PM

    What part of the below statement does the NFL no get… They screwed up and the higher court should find in the favor of the Viking Players because of deceptive and subjective practices and consistent enforcement of them.
    “Public policy . . . dictates that [the NFL] should not be permitted to benefit from its own misconduct,” Larson wrote. “Here, [the NFL] knew Star Caps contained Bumetanide, that players were ingesting Bumetanide, that Bumetanide was dangerous, and withheld information about Star Caps, knowing that players would suffer as a result. [The NFL] created a trap that it knew would result in violations of the program.”
    [The NFL] could have easily avoided this very situation by informing players or teams about what it already knew — that Star Caps contained a hidden, dangerous substance,” Larson explained. “[The NFL] knew that many players were already inadvertently ingesting Bumetanide, and continued to place the health, safety, and welfare of its players in jeopardy, so that Adolpho Birch could play a game of gotcha. The league clearly allowed a half dozen other players to use Bumetanide without punishment.”
    The NFL hopes that if it continues to cry wolf the courts will support them but the Judge just yelled smoke and showed the world the “fire”

  14. Hauschild says: May 21, 2010 2:57 PM

    Cue the whiners …

  15. metstadiumguy says: May 21, 2010 3:19 PM

    FriarBob says:
    May 21, 2010 2:42 PM
    The league may have been legally right in that they didn’t break any laws with their game of “gotcha”, but it was blatantly wrong in a moral sense.
    Kinda the same way that Cushing was legally right to claim he didn’t test positive for a steroid and that therefore he isn’t a proven cheater… but morally wrong for refusing to admit what anybody with two working brain cells can figure out in three second flat.
    UMMM…….you HAVE seen Brian Cushing’s build right??? And you have seen Pat Williams’??? RIGHT??? Cushing DID do steroids- Pat Williams DIDN’T!!! LOL!!!!!!! Plus the NFL really has been incositent with these policies- they havent suspended everyone who has tested for the same things that the williams’s did

  16. jcarollo says: May 21, 2010 3:28 PM

    Why can’t the NFL suspend them from playing in another state where they are not protected? If the injunction is all about vioalting their laws as state employees, just prevent them from playing anywhere outside of Minnesota.

  17. NFC North Resident says: May 21, 2010 3:41 PM

    Both the Williamses, regardless of any other circumstances, violated the terms of their contract by taking a diuretic to make weight. While it isn’t as sinister as taking a PED, it’s still taking a banned substance to meet a physical end. For that, they should be suspended, period.
    All you “SKOLsters” out there – would you be this up in arms for BJ Raji or some other fudgepacker in the same situation? Or would you demand their suspensions immediately and cry like there’s no tomorrow at them for skirting the rules…especially if they did it by citing some obscure WI state law?
    I could hear it now – “Wah, BJ Raji and his high-priced lawyers are trying to find loopholes to avoid suspension! And the local judges ruling on the case are all Peckerwood Homers!!”
    Fruitcakes

  18. gwinn1952 says: May 21, 2010 3:58 PM

    I’m glad they can’t be suspended. The NFL is wrong in suspending someone who uses a drug they did not have on their ban list. It’s like the NFL is trying to catch people so they look like they have a handle on drug use. You can’t be the big brother without a warning first. A diaretic is not a drug in my mind….lots of people use them to lose weight. The big thing is…put it on the list or leave the players alone.

  19. sand0 says: May 21, 2010 4:11 PM

    The NFL makes accurate statements when they are taken out of context. I mean, it is important that their substance abuse system stays intact. It is important to protect the competitive balance and players health and bla bla bla. Their releases make true statements but not once have they given any remark on the entire issue and how their actions have led to this.
    You have to look at the entire picture. The NFL realized Starcaps had a banned substance because they had over half a dozen players fail the test. The NFL let these players go, then modified their system such that anyone caught for something similar would go down in the future and have no way out of it. They just made the mistake of not considering state laws in their policy.
    Very next season, 4 players get nicked for that substance, from that very supplement. The NFL absolutely 100% intentionally kept the Starcaps thing secret with the hope of nailing some guys to show that their policy “works”. This is clear because they labeled Starcaps as a nontrustworthy source in a memo to the league but left out the whole part about how they were confirmed to use banned ingredients. Why would you take the time to send a memo without giving the pertinent information? They sent that memo hoping it would cover their asses. But it didn’t.
    Because in actuality the NFL understands that people can cheat the system easily and not get caught as long as they use the correct techniques and safeguards. Look at that cyclist guy this week. He admitted to getting away with that crap, along with Lance and other dudes, for YEARS before finally getting a bit careless or making a mistake. Cyclists get tested WAAAY more than NFL players. You just have to use substances and masking techniques that they can’t test for. Butemide isn’t one of them.
    But a player that is accidentally ingesting something, well they won’t get around it one bit because they don’t know how to cheat or want to. This is a common tactic for dishonorable people. You want to show that you are “catching bad guys” or whatever so you nail a bunch of innocent ones on a technicality because you can’t actually catch the cheaters or because there aren’t enough of them. This is like McCarthyism by the NFL.
    The players caught were overweight guys taking over the counter weight loss pills. This Cushing guy from college clearly looks like a roid head physically and was busted for levels consistent with steroid use. It is completely different than the Starcaps case. They can’t be interchanged.

  20. Bordner says: May 21, 2010 4:22 PM

    It really doesn’t matter whether they are suspended or not. The Williams sisters are well past their prime, if they ever had one.
    If fat = talent, then they’re extremely talented.
    They’ll be a non-factor again this year.

  21. MrHumble says: May 21, 2010 4:27 PM

    and in a related story…….Packer fans collectively chit in their pants. BF is coming back, the William’s Wall is coming back……and the division championship stays in Minny. Not that packer fans ever need an excuse to have a beer, but this news should be worth a 12-pack or two.

  22. SkolVikings says: May 21, 2010 4:36 PM

    This just in from JimmySmith & BobNelson: “WAAAAHHHHHHHHHH! WAHHHHHHHHH! Me want bottle & diaper changed. WAAAAAAAAHHHHHHHHH!”

  23. sand0 says: May 21, 2010 4:37 PM

    NFC North Resident,
    You make the assumption that Vikings fans are as idiotic as Packer fans. That is not a safe assumption. Go through some Packer and Vikings threads and you’ll see why.
    Also, it isn’t like the only one defending the Williamses are super fan meatheads. Did you not see the part where a judge condemned the piss out of the NFL on this?
    Bordner,
    Kevin Williams is a pro bowl tackle. Pat has been in the past. They are both good football players with high profiles.

  24. purpleguy says: May 21, 2010 4:39 PM

    Here’s what the NFL notice should have said:
    “The NFL finally admits that State employment law pre-empts the collective bargaining agreement. The federal courts have ruled against us on the issue as has the Hennepin County District Court. The NFL and it’s attorneys should have put the correct language in the collective bargaining agreement to prevent this, and we will do so in the next one.”
    “The NFL also admits the failure to warn NFL players of the banned diuretic in Starcaps was a mistake, as was the failure to punish 8 prior violators before the Williams. We just don’t like to be told “no” or have our integrity questioned because, well, we’re the NFL dammit. We now realize that once and a while we’re wrong. Sorry.”

  25. jebdamone says: May 21, 2010 5:02 PM

    taken from the NY times december 2008 but rarely mentioned since then. shows the NFL setting precedence…i don’t need any other evidence personally.
    Lawyers for the players say the league has enforced its drug policy inconsistently, pointing to the case of a player whose positive test for bumetanide in 2006 first alerted the league that StarCaps might contain the drug. The union has no record of any players being disciplined during that period for a positive test for the diuretic, according to a statement filed in federal court by Stacy Robinson, the union official who monitors the N.F.L.’s drug policy.
    “It’s a point of incredible concern for me,” said William David Cornwell Sr., the lawyer for the Saints’ players. “A player tested positive for this substance using this product, and he was not disciplined in accordance with the terms of the policy.”
    Adolpho Birch, a lawyer for the N.F.L., sought to prohibit questions about the 2006 case during arbitration hearings for the players in November, arguing that those circumstances could not be applied to the current players. John Lombardo, the doctor who oversees the drug program, testified that at least one player tested positive in 2006 for bumetanide in connection with StarCaps, but did not identify the player, according to transcripts included in the federal filings.
    complete article can be found at
    http://www.nytimes.com/2008/12/10/sports/football/10drugs.html

  26. GRpatriot says: May 21, 2010 7:01 PM

    Just take your medicene and get it over with. You will get suspended, better early than late.
    Remember Favre is coming to the rescue!
    Goodell is going to get you…

  27. Bordner says: May 21, 2010 7:13 PM

    “Kevin Williams is a pro bowl tackle. Pat has been in the past. They are both good football players with high profiles.”
    ————————————————–
    A lot of Queens make the Pro Bowl. It’s easier for the ‘fans’ in Minnesota to stuff the ballot box than it is to go to the Metrodump and support the team in person.
    And I think you meant ‘wide’ profiles.

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