Minnesota and New Orleans fans have reason to cheer, but the recent blow struck against the NFL’s drug-testing program is nothing to celebrate.
In a move that greatly bolsters the Vikings and Saints defenses, four starting linemen — Minnesota’s Kevin and Pat Williams and New Orleans’ Charles Grant and Will Smith — are cleared to play this entire season. The quartet, along with ex-Saint and currently unsigned running back Deuce McAllister, had faced four-game suspensions following positive tests for a substance banned under the league’s steroid policy.
The decision was levied Tuesday by NFL Commissioner Roger Goodell after a Minnesota judge ruled that Pat and Kevin Williams could pursue having their tests disallowed through the state’s workplace laws. Such legal wrangling is expected to continue into 2010.
Grant, Smith and McAllister didn’t have that same option under Louisiana law. Goodell, though, tabled their suspensions because of “considerations of fairness, uniform application of our policies and competitive integrity.”
Unfortunately, “integrity” isn’t a word used much lately when it comes to the league’s drug-testing policy. In a statement, Goodell admitted legal wrangling with players and waning support from the NFL Players Association has created “needless uncertainty” for a program that needs all the help it can get.
During the Starcaps proceedings, the NFL’s contention that players are ultimately responsible for what substances they put in their bodies was repeatedly affirmed in court. Grant, Smith, McAllister, and both Pat and Kevin Williams tested positive last season for Bumetanide. The substance is found, but not listed, in an over-the-counter supplement called Starcaps. All five players claim to have taken Starcaps as a weight-loss aid. Bumetanide, though, is barred by the NFL because it also can serve as a masking agent for steroids.
Suspensions for banned supplement use are normally cut-and-dry. Even star players like Carolina’s Julius Peppers and San Diego’s Shawne Merriman weren’t immune when busted. But the Starcaps appeals process revealed some warts in the way the NFL does business.
The doctor who oversees the program didn’t specifically convey to players that Starcaps contained Bumetanide when the league received that information in 2006. Two federal court decisions upheld that Dr. John Lombardo didn’t violate any rules, but the situation has contributed to the union’s mistrust of the NFL’s program.
Believing a suspension under such circumstances was unjust, Pat and Kevin Williams hired independent attorneys to clear their names. The result: Discovery of a loophole so big that not even the vaunted 700-pound “Williams Wall” could plug it.
The Starcaps case marks the second time in two years that an NFL player has manipulated the court system to void a drug suspension. Denver running back Travis Henry had a positive test for marijuana overturned in Dec. 2007. Besides professing innocence, Henry successfully argued that his player rights were violated when an expert of his choosing wasn’t present when the drug test was administered.
The Henry decision opened the floodgates for players to circumvent a collective-bargaining agreement for the NFL and NFLPA to handle the drug testing program. Find a sympathetic judge and a player like Henry — a repeat NFL drug offender currently serving prison time for cocaine trafficking — can stay on the field.
The union’s response to the Starcaps decision also shows how frayed its relationship with the league has become. The NFLPA presented a 400-page argument on behalf of the players accusing the NFL of fraud, negligence and bias in the suspension process. Players have complained that information about supplements isn’t quickly forthcoming from the NFL. For example, a league telephone hotline intended to answer questions reportedly malfunctioned last season. NFLPA counsel Richard Berthelsen has said the union wants an independent body to handle future appeals and discipline.
This will be yet another issue the NFL and NFLPA haggle about as a new labor pact gets negotiated. It also serves to undermine a program that has enough challenges as it is.
Not even the thousands of NFL steroid tests administered each year are enough to catch all the cheaters. For all we know, some players are taking “exotic” boosters either undetectable or unknown through testing. The steroid nicknamed “The Clear” was one of those once-untraceable designer drugs that surfaced earlier this decade in baseball and football.
Human growth hormone use is an even bigger problem. The only reliable testing method involves the drawing of blood, which the NFLPA will not allow. A player hell-bent on using HGH for a physical edge despite potential long-term health effects can get away with it. You’d be naïve to think that isn’t happening.
Supplements are an NFL way of life. Many players pop enough tablets to fill a tackle box. I suspect most aren’t sure of the exact ingredients contained in what they’re taking.
The league warns that ignorance is no excuse, but tries to protect players from themselves through repeated warnings and seminars. There are still those either too lazy or ignorant to check with team trainers about whether the supplements being taken are kosher by NFL standards. Others are oblivious because they’re being pumped full of pills and protein-shake powder by personal trainers who fall outside the NFL’s auspices. And quite simply, some players are knowingly ingesting steroids, but blame a supplement when popped.
That’s the ultimate goal the NFL and NFLPA should share — catching the cheaters who threaten to undermine the game’s credibility like Barry Bonds and Co. did in Major League Baseball. Protecting athletes who want a level playing field is even more important. The NFLPA agreed to drug testing in the late 1980s after late union chief Gene Upshaw was approached by players who didn’t want to take the health risks inherent with steroid use to compete against their peers.
Here’s hoping the NFL and NFLPA can compromise and work through their differences to achieve those ends. That would be the only positive result to come out of the Starcaps spectacle that has taken some of the shine off a once-respected NFL drug testing program.