The NFL tried judge shopping in the deflating case, by having it heard in the friendly New York courts instead of the enemy courts in Minnesota. They won the first half of the battle, but lost the game.
The ruling against the NFL, by U.S. District Judge Richard Berman, suspending Tom Brady does two things.
It curtails the power of sports commissioners, who are in reality high priced employees of multi-billion dollar businesses. The decision assures that the New England quarterback will again play in the Super Bowl if the Patriots are in it.
For too long commissioners of the NFL have ruled like kings, using different punishment rules for different players and acting as prosecuting attorney, judge and jury.
Now that power is in jeopardy and once again high-priced NFL employee Roger Goodell’s actions are the reason.
The legal ruling said that the NFL’s actions in the Brady case was unfair. But anyone who follows sports knows unfairness by rulers of sports regimes is the norm.
The NFL is the epitome of hypocrisy, dating back to its founding, when it let injured players return to the field after being taken out for one play.
More recently, it attempted to ruin the reputation of a scientist researching concussions. It continues to give slap-on-the wrists punishments to players accused of crimes that would result in serious sentences for civilians. It continues to let its teams sign players despite their criminal behavior. It is a league that should be ruled by a warden instead of a commissioner.
Of course, the NFL has the right to appeal the decision by Judge Berman. But history shows that even if the NFL prevails in an appeal Brady will be in this season’s Super Bowl.
The NFL didn’t bring charges against Brady until after he played in last season’s Super Bowl. It will make sure that if the Patriots again participate Brady will be the quarterback. Denying him that would displease TV sponsors and networks. And the NFL never wants to do that.
Judge Berman’s decision is a victory for all Americans. Our country was established to prevent czar-like rulers. And that is how the Goodell legal system rules.
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Arthur Solomon, a former senior VP/senior counselor at Burson-Marsteller, contributes to PR and sports business publications, consults on PR projects and serves on the Seoul Peace Prize nominating committee. He can be reached at [email protected].
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