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Judge blocks suspensions of Vikings’ Williamses


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Judge blocks suspensions of Vikings’ Williamses

Posted July 09, 2009 @ 11:58 a.m.

By PFW staff

 

The NFL must wait to make a ruling on the banned-substance case involving Vikings DTs Kevin Williams and Pat Williams until their court case is heard, Hennepin County District Judge Gary Larson ruled on Thursday.

 

The two players were set to be suspended four games apiece to start the 2009 season for testing positive for the banned StarCaps diuretic last year, but Judge Larson’s ruling means the players can play while the case plays out in court.

 

That could take months. Larson scheduled a July 22 hearing on the league’s request to table the state court proceedings while a federal appeals court considers other matters in the case. He also ruled that the NFL cannot step up its testing of the players

 

The players’ lawyers asked that Larson either keep his order in place and allow the players to play or begin a trial at the earliest available date. The lawyers maintain that state laws regarding drug policy and privacy claims allow employees the chance to explain the usage of a banned product used without intent.

 

The NFL had not allowed the Williamses to explain their use of the over-the-counter product, which was found to contain bumetanide, the banned diuretic. Bumetanide often is used to mask anabolic steroids, but the Williamses have not been accused of using steroids.

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Someone help me out...

 

Weren't these guys taking a product for a while that was 'legal', then the manufacturer changed some of the ingredients, but failed to inform anyone or make a mention of it on the packaging?

 

If so, I don't see how it's anyone's 'fault' but the manufacturer and clearly not the fault of the players, yeah?

 

Worse than that... it may be the case that the NFL knew about it and failed to diclose that information to the players.

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Worse than that... it may be the case that the NFL knew about it and failed to diclose that information to the players.

I'm no viking fan, but it definitely seemed like BS if the NFL new that Starcaps had an illegal ingredient that was not mentioned on the label and didn't inform the players. The come back is that they should only use things on the approved list and Starcaps was on that list but had been removed the next year and they should have checked. The whole thing seems kind of lame but if the NFL did know, they should inform the players union IMO. I don't know if getting this thing delayed is really a victory. If they are going to get suspended, I might rather have it happen at the beginning of the year instead of the middle.

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I have a hard time believing that the NFL knowingly deceived players. The NFL and the NFLPA have been both upfront and forthcoming in cooperation regarding drug/banned substance policies, and the NFL willing extends itself in rehabbing players and getting them back on the field.

 

The NFL playing "gotcha" in this particular case just doesn't pass the smell test, and I would lean to the players trying to push the envelope a little too far and getting nailed. That said, if there is a loophole, the players probably ought to get the benefit of the doubt and then the NFL will close it.

 

To be honest, I'm surprised by this whole thing, since Travis Henry was allowed to dispute his failed drug test and prevailed due to his explanation of the amount found in his system being reasonably passed off to second hand smoke.

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I don't think it is as much of an attempt to deceive NFL players as it was that they were doing a terrible job at getting information out to them. The NFL has an 800 number that players can call to get info and it turns out that that source is a joke. The NFL is demanding their players to be better than themselves at deciding what to put in their bodies.

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its a bit much to screw a player who starts taking something on your 'okay' list that has an something changed in it w/o notice. Is he supposed to check that list EVERY TIME he takes it? Why should they ever think there'd be a change?

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The Federal Judge already ruled the players were at fault becuase the Saints got suspended already. Parts of the Federal case for the Williams' were sent back to the Minnesota court system because the NFL broke some laws desinged to protect employees. The NFL is appealing the Federal courts decision to send it back to Minnesota courts. They said on the radio that this could be tied up in the appeals process for a very long time. If the NFL wins the appeal, the Williams' can than apeal that decision as well.

 

 

 

Here is one of the laws the NFL broke, I think there might have been a couple more;

 

"Minnesota law provides employees to provide explanations for use of a product innocently used but otherwise banned," Ginsberg said, adding that the Williamses were not allowed to explain their use of the over-the-counter StarCaps, which were found to contain the banned diuretic bumetanide, a substance that can mask steroid use.

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If so, I don't see how it's anyone's 'fault' but the manufacturer and clearly not the fault of the players, yeah?
I agree with you in principal, however the player is ultimately responsible for what they put in the body. Ignorance of the law, or in this case ignorance of the ingredients I don't think should ever be an excuse even if the manufacturer didn't identify or misidentified the ingredient(s). If ignorance of what they were taking was a justifiable excuse, then anyone who ever took a banned substance would just use it. "But I didn't know that was a steroid!" "They just gave me it and I didn't ask questions." etc.

 

The way I think this will eventually pan out is that the suspensions eventually will stand but it won't be for a season (or two if they delay things in-season). The state laws that the case was remanded back to may be partially decided in the players favor, but I bet it doesn't provide sufficient relief to prevent the suspension. If it does eventually lead to a suspension, the makers of Starcaps will be sued (if they haven't already been done so).

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I agree with you in principal, however the player is ultimately responsible for what they put in the body. Ignorance of the law, or in this case ignorance of the ingredients I don't think should ever be an excuse even if the manufacturer didn't identify or misidentified the ingredient(s). If ignorance of what they were taking was a justifiable excuse, then anyone who ever took a banned substance would just use it. "But I didn't know that was a steroid!" "They just gave me it and I didn't ask questions." etc.

 

The way I think this will eventually pan out is that the suspensions eventually will stand but it won't be for a season (or two if they delay things in-season). The state laws that the case was remanded back to may be partially decided in the players favor, but I bet it doesn't provide sufficient relief to prevent the suspension. If it does eventually lead to a suspension, the makers of Starcaps will be sued (if they haven't already been done so).

 

 

That's right. How is this different than Barry Bonds taking steroids when it wasn't illegal?

 

If you take something that allows you to cheat but isn't banned shouldn't you stay clear? Thy may get away with this but I hope athletes stay away from stuff like this.

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That's right. How is this different than Barry Bonds taking steroids when it wasn't illegal?

 

:wacko: Huh?

 

Barry Bonds got his stuff from a private lab called BALCO, where they invented new undetectable performance enhancing drugs. He was taking stuff nobody'd ever heard of--the drugs weren't banned because nobody but BALCO and their clients knew they existed. He was specifically paying lots of money, and spending lots of time, to cheat as much as he could.

 

These players were taking StarCaps--that was billed as "all natural" weight loss supplement, and had an ingredient list with nothing bad on it--but the manufacturer was spiking it with a banned prescription diuretic. The players involved all had no idea what they were taking.

 

You couldn't possibly get two more wildly different examples.

 

Peace

policy

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That's right. How is this different than Barry Bonds taking steroids when it wasn't illegal?

 

If you take something that allows you to cheat but isn't banned shouldn't you stay clear? Thy may get away with this but I hope athletes stay away from stuff like this.

How is it different than Barry Bonds? Seriously? Um, because two fat guys took a diuretic to get them underneath the NFL weight limits compared to someone taking steroids and/or HGH to be a power hitter well into his 30s. This was a product that was on the approved list for the NFL at one time (and was never illegal). The manufacturer added another ingredient and didn't list it on the label. That extra ingredient can be used as a masking agent. Nobody has accused them of being on steroids. They will eventually get in trouble because they have to be responsible for whatever they take (as the approved list changes). The only real caveat is that the NFL "possibly" had found out that this masking agent was added to this diuretic and didn't do a reasonable job of telling the players. It's a little different than Bonds case.

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The NFL shouldn't have to treat players differently based on the state they play in. Are they supposed to come up with a specific drug policy for each team?

 

And if the league did in fact inform the NFLPA about Starcaps, shouldn't it be on the union at that point to pass the info on to their players? The league shouldn't have to hold the players' hand when they want to start popping random supplements.

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