Judge Rules Clarett Eligible for NFL Draft
Ohio State tailback's victory could allow teenage football stars to turn pro, as league's rule is found to be in violation of federal antitrust laws.
Feb. 5, 2004
NEW YORK (AP) -- Ohio State running back Maurice Clarett was ruled eligible for the NFL draft Thursday by a federal judge who concluded that the league's rule violates antitrust laws.
U.S. District Judge Shira Scheindlin ordered the NFL to let Clarett enter April's draft, a decision that could clear the way for others. The league will appeal.
Excerpts From the Clarett
Antitrust Lawsuit Decision
"Maurice Clarett's goal is to play in the National Football League next year. The only thing preventing him from achieving that goal is the League's rule limiting eligibility to players three seasons removed from their high school graduation. The question before the Court is whether this Rule violates the antitrust laws."
"Clarett's decision to seek eligibility for the 2004 draft may have resulted, in part, from this suspension. The NFL may be his only real option for playing football next year."
"This case has progressed rapidly, virtually rushing toward the goal line because of the imminence of the 2004 draft."
"(In the NFL's three-year rule) nowhere is there a reference to wages, hours or conditions of employment. Indeed, the Rule makes a class of potential players unemployable."
"He is not permitted to be drafted allegedly because the NFL and the union agreed to exclude players in his class. But Clarett's eligibility is not the union's to trade away. Indeed, the Rule does not deal with the rights of any NFL players or draftees."
Regarding underclassmen barred from the draft: "They are not losers in a competitive marketplace; they are not even allowed in the game."
"The market defined by Clarett is narrow - it is the market for NFL player services. That is the only commodity that Clarett has to sell and the only commodity the NFL seeks to buy. Accordingly, the Rule harms both Clarett and competition in the market for player services. A purchaser's bar on an entire class of sellers harms competition."
"Clarett alleges that the Rule constitutes a 'group boycott' that restrains trade in the relevant market (the NFL player market) by denying market entry to certain sellers (players less than three years removed from high school graduation). This is precisely the sort of conduct that the antitrust laws were designed to prevent."
"Because the Rule violates the antitrust laws, it cannot preclude Clarett's eligibility for the 2004 NFL draft. Accordingly, it is hereby ORDERED that Clarett is eligible to participate in the 2004 NFL draft."
Clarett, 20, played just one season at Ohio State, leading the Buckeyes to the 2002 national championship. He was barred from playing in the 2003 season for accepting improper benefits from a family friend and then lying about it to investigators.
Clarett sued the NFL last summer to challenge the league rule that a player must be out of high school three years for draft eligibility. Thursday's ruling, if not successfully appealed, could allow teenage football stars to turn pro the way younger athletes in other sports can, such as LeBron James in the NBA.
No other player has challenged the 1990 NFL eligibility rule. It was adopted because the league's coaches and executives think younger players aren't physically ready for the NFL, although the 6-foot, 230-pound Clarett could be an exception.
Alan Milstein, a lawyer for Clarett, called Thursday's decision "a total victory" and said Clarett was "thrilled." Clarett was traveling to New York for a news conference later Thursday, Milstein said.
The NFL promised to appeal, saying in a statement: "We believe today's ruling is inconsistent in numerous respects with well-established labor and antitrust law."
It added, "We fully expect our eligibility rule to be upheld when this case is concluded."
During his state of the NFL address two days before the Super Bowl, commissioner Paul Tagliabue said the league wouldn't try to reach a settlement with Clarett.
"It's a pretty direct point in terms of what the rule is, and Maurice Clarett's status falls under the rule," Tagliabue said then. "Our system is working. It is easy to identify players who were helped by staying in school and were developing their skills."
The league had argued that Clarett should not be eligible because its rule resulted from a collective bargaining agreement with the players and is immune from antitrust scrutiny. The NFL also argued that its rule is reasonable and that Clarett cannot bring such a lawsuit.
"While, ordinarily, the best offense is a good defense, none of these defenses hold the line," the judge wrote in a 70-page ruling.
She said Clarett could bring the lawsuit because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer -- the NFL.
"The NFL has not justified Clarett's exclusion by demonstrating that the rule enhances competition. Indeed, Clarett has alleged the very type of injury -- a complete bar to entry into the market for this services -- that the antitrust laws are designed to prevent," she said.
Clarett's lawyers had called the NFL's rule arbitrary and anticompetitive, arguing it robbed players like Clarett of an opportunity to enter the multimillion dollar marketplace.
The lawyers cited a court ruling letting baseball players move among teams, and other court decisions opening up the NBA, NHL and now-defunct USFL to younger players.
Clarett rushed for 1,237 yards as a freshman. Current NFL rules would prevent him from entering the draft until 2005.
The court ruling comes a day after Ohio State said it is investigating a report that a benefactor of Clarett's was gambling while in daily contact with the star running back.
Athletic director Andy Geiger said Wednesday he was "obviously concerned" about the allegations against Bobby Dellimuti, who calls himself a father figure and friend of the Clarett family.
"We will look into this matter and will support and cooperate with any and all investigations," Geiger said.
On Thursday, Scheindlin said the league's justifications for its rule "boil down to the same basic concern: younger players are not physically or mentally ready to play in the NFL."
Yet, the judge said, less restrictive alternatives are available, such as testing each player's physical and psychological maturity.
"Age is obviously a poor proxy for NFL-readiness, as is restriction based solely on height or weight," she said.
Scheindlin suggested NFL maturity tests could provide valuable information to teams deciding on draft selections.
"In such a scenario, no player would be automatically excluded from the market and each team could decide what level of risk it is willing to tolerate," she wrote.
.....I wouldnt be suprised now that more and more sophmores start to come out early. Big blow to the NCAA
Ohio State tailback's victory could allow teenage football stars to turn pro, as league's rule is found to be in violation of federal antitrust laws.
Feb. 5, 2004
NEW YORK (AP) -- Ohio State running back Maurice Clarett was ruled eligible for the NFL draft Thursday by a federal judge who concluded that the league's rule violates antitrust laws.
U.S. District Judge Shira Scheindlin ordered the NFL to let Clarett enter April's draft, a decision that could clear the way for others. The league will appeal.
Excerpts From the Clarett
Antitrust Lawsuit Decision
"Maurice Clarett's goal is to play in the National Football League next year. The only thing preventing him from achieving that goal is the League's rule limiting eligibility to players three seasons removed from their high school graduation. The question before the Court is whether this Rule violates the antitrust laws."
"Clarett's decision to seek eligibility for the 2004 draft may have resulted, in part, from this suspension. The NFL may be his only real option for playing football next year."
"This case has progressed rapidly, virtually rushing toward the goal line because of the imminence of the 2004 draft."
"(In the NFL's three-year rule) nowhere is there a reference to wages, hours or conditions of employment. Indeed, the Rule makes a class of potential players unemployable."
"He is not permitted to be drafted allegedly because the NFL and the union agreed to exclude players in his class. But Clarett's eligibility is not the union's to trade away. Indeed, the Rule does not deal with the rights of any NFL players or draftees."
Regarding underclassmen barred from the draft: "They are not losers in a competitive marketplace; they are not even allowed in the game."
"The market defined by Clarett is narrow - it is the market for NFL player services. That is the only commodity that Clarett has to sell and the only commodity the NFL seeks to buy. Accordingly, the Rule harms both Clarett and competition in the market for player services. A purchaser's bar on an entire class of sellers harms competition."
"Clarett alleges that the Rule constitutes a 'group boycott' that restrains trade in the relevant market (the NFL player market) by denying market entry to certain sellers (players less than three years removed from high school graduation). This is precisely the sort of conduct that the antitrust laws were designed to prevent."
"Because the Rule violates the antitrust laws, it cannot preclude Clarett's eligibility for the 2004 NFL draft. Accordingly, it is hereby ORDERED that Clarett is eligible to participate in the 2004 NFL draft."
Clarett, 20, played just one season at Ohio State, leading the Buckeyes to the 2002 national championship. He was barred from playing in the 2003 season for accepting improper benefits from a family friend and then lying about it to investigators.
Clarett sued the NFL last summer to challenge the league rule that a player must be out of high school three years for draft eligibility. Thursday's ruling, if not successfully appealed, could allow teenage football stars to turn pro the way younger athletes in other sports can, such as LeBron James in the NBA.
No other player has challenged the 1990 NFL eligibility rule. It was adopted because the league's coaches and executives think younger players aren't physically ready for the NFL, although the 6-foot, 230-pound Clarett could be an exception.
Alan Milstein, a lawyer for Clarett, called Thursday's decision "a total victory" and said Clarett was "thrilled." Clarett was traveling to New York for a news conference later Thursday, Milstein said.
The NFL promised to appeal, saying in a statement: "We believe today's ruling is inconsistent in numerous respects with well-established labor and antitrust law."
It added, "We fully expect our eligibility rule to be upheld when this case is concluded."
During his state of the NFL address two days before the Super Bowl, commissioner Paul Tagliabue said the league wouldn't try to reach a settlement with Clarett.
"It's a pretty direct point in terms of what the rule is, and Maurice Clarett's status falls under the rule," Tagliabue said then. "Our system is working. It is easy to identify players who were helped by staying in school and were developing their skills."
The league had argued that Clarett should not be eligible because its rule resulted from a collective bargaining agreement with the players and is immune from antitrust scrutiny. The NFL also argued that its rule is reasonable and that Clarett cannot bring such a lawsuit.
"While, ordinarily, the best offense is a good defense, none of these defenses hold the line," the judge wrote in a 70-page ruling.
She said Clarett could bring the lawsuit because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer -- the NFL.
"The NFL has not justified Clarett's exclusion by demonstrating that the rule enhances competition. Indeed, Clarett has alleged the very type of injury -- a complete bar to entry into the market for this services -- that the antitrust laws are designed to prevent," she said.
Clarett's lawyers had called the NFL's rule arbitrary and anticompetitive, arguing it robbed players like Clarett of an opportunity to enter the multimillion dollar marketplace.
The lawyers cited a court ruling letting baseball players move among teams, and other court decisions opening up the NBA, NHL and now-defunct USFL to younger players.
Clarett rushed for 1,237 yards as a freshman. Current NFL rules would prevent him from entering the draft until 2005.
The court ruling comes a day after Ohio State said it is investigating a report that a benefactor of Clarett's was gambling while in daily contact with the star running back.
Athletic director Andy Geiger said Wednesday he was "obviously concerned" about the allegations against Bobby Dellimuti, who calls himself a father figure and friend of the Clarett family.
"We will look into this matter and will support and cooperate with any and all investigations," Geiger said.
On Thursday, Scheindlin said the league's justifications for its rule "boil down to the same basic concern: younger players are not physically or mentally ready to play in the NFL."
Yet, the judge said, less restrictive alternatives are available, such as testing each player's physical and psychological maturity.
"Age is obviously a poor proxy for NFL-readiness, as is restriction based solely on height or weight," she said.
Scheindlin suggested NFL maturity tests could provide valuable information to teams deciding on draft selections.
"In such a scenario, no player would be automatically excluded from the market and each team could decide what level of risk it is willing to tolerate," she wrote.
.....I wouldnt be suprised now that more and more sophmores start to come out early. Big blow to the NCAA
