Court Says State Law Trumps NFL Drug Program

A federal court has ruled that two Minnesota Vikings players have the right to challenge their NFL-imposed suspensions for violations of the league’s drug policy in state court, a ruling that could have major implications for all drug programs run by professional sports leagues.

The New York Times reported Sept. 19 that the ruling by the United State Court of Appeals for the Eighth District, if applied by other courts, could allow athletes in all sports to seek review by state courts even if their union agreements subject them to league discipline for drug violations.

“This is the most significant legal challenge we have ever seen to the collectively bargained drug-testing programs in this country,” said Travis Tygart of the United States Anti-Doping Agency.

Many states, including Minnesota, have laws that are considered friendly to workers, which could encourage athletes to challenge suspensions or other league-imposed penalties in court. “Why should a football player not have the same rights that a person in Minnesota has?” said lawyer Mark S. Levinstein. “The idea that the NFL is more important than the views of state legislators is ridiculous. The NFL is just confronting what most businesses have to deal with, which is different laws in different states. That is just how our country is set up.”

“We have players subject to two sets of rules — six months from now, who knows how many,” said Jeff Pash, the NFL’s chief counsel. “The state law issue has cast a needless cloud of uncertainty over the way in which the program is going to operate. For the first time, we have an effort to attack the program through the vehicle of one state’s law, and the union’s failure to stand behind the collectively bargained program has compromised it.”