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The Honolulu Advertiser
Posted on: Thursday, August 6, 2009

NFL: Vikings tackles likely to be able to play through season


By Rochelle Olson
Star Tribune (Minneapolis)

MINNEAPOLIS — Minnesota Vikings Pro Bowl defensive tackles Kevin and Pat Williams should be able to play this season without worrying about suspensions.

A ruling by Hennepin County District Court Judge Gary Larson on Wednesday stayed action in his courtroom until the U.S. District Court determines whether it has jurisdiction on some of the players’ claims. U.S. District Judge Paul Magnuson already has said the court does not, but a federal three-judge panel is hearing an appeal of Magnuson’s ruling in St. Paul on Aug. 18. After the panel issues a ruling, an appeal to the U.S. Supreme Court by the losing side is likely, further delaying action in state court.
If the federal court determines the case should be conducted in state court, Larson wrote, “it is not likely that the (Hennepin County) court would, or could force (the players) into trial during the middle of a playing season, based on the court’s schedule.”
The Williamses sued last year after they were found to have taken a banned substance — unwittingly, they say, as part of a dietary supplement — and suspended for four games.
“It’s just a positive step for us right now,” Kevin Williams said. “He said he’s not going to deal with it until after the season, but we have to respect the decision of the federal court also. They still have that coming up.
“Patience is the main thing. The courts have to do their job. We’re just waiting and we’re going to respect what happens.”
The NFL wanted Larson to delay state court proceedings on the matter until the 8th U.S. Circuit Court of Appeals rules. Larson agreed to do so. The players asked to proceed immediately in state court with a trial before the season begins. Absent an immediate trial, the players asked that Larson let them take the field and conduct a trial after the season — which he agreed to do, saying the court routinely accommodates work and family obligations.
“I just want it to be over,” Pat Williams said. “If they’re going to suspend me, they’ll suspend me. If they ain’t, they ain’t. I’m just tired of it dragging and keeping going because you don’t want to keep it over your head, your family’s head, your teammates’ heads, your coach’s head, your owner’s head. It’s just something everybody has to worry about.”
The Williamses filed a lawsuit in state court contending that the NFL’s drug-testing procedures violate state workplace laws, and they asked a judge to void their suspensions.
Meanwhile, the NFL Players Association filed suit in federal court on the players’ behalf. As part of that suit, NFL attorneys argued that federal court had jurisdiction over the labor laws that govern its drug-testing program and that the state claims should be dismissed.
Magnuson dismissed the union’s claims that the suspensions violated the players’ collective bargaining agreement. But he sent the Williamses’ claims under state law back to state court, saying they were not pre-empted by the union agreement as the NFL had argued.
Both sides have appealed parts of Magnuson’s rulings.