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New on Sports Illustrated: Analyzing the Legal Hurdles of Bringing Back Sports
President Trump voiced a desire sports return by August and September, with fans being allowed to attend games.
In a conference call with the leaders of 13 major U.S. professional sports leagues on Saturday, President Donald Trump voiced a desire that the NFL start the 2020 season on time and that fans be able to attend games. ESPN reports the President further opined that restarting professional sports would help to restart economic activity and bring American life back to normal.
On one hand, Trump’s wishes are shared by many. The loss of sports has not only denied fans entertainment at a time when it would be most welcomed, but the loss has also contributed to the nation’s economic turmoil. Millions of jobs are connected directly or indirectly to the playing of NFL, NBA, MLB, NHL, MLS, WNBA and other leagues’ games and competitions.
That is true of professionals who help to produce games, such as security officers, janitors, ushers, box office staff, cheerleaders, dance team members, lightening and production technicians, cashiers, cooks, concession stand workers, parking garage attendants and other typically part-time, seasonal workers. It is also true of those who work at restaurants, bars, and apparel and merchandise stores located near stadiums and arenas, and those employed in sports-related broadcasting, media, finance, advertising, marketing, hotel and travel occupations. Professionals in these sectors have experienced layoffs and furloughs since the coronavirus pandemic began. The longer sports are on hold, the worse the economic fallout will get. From that lens, Trump trying to rally the leagues’ commissioners is understandable.
On the other hand, the President’s wishes aren’t for him to decide and, at a local and state level, public safety considerations are paramount.
Remember that leagues are private businesses. While the government can stop leagues from playing games, the government can’t force them to play. Also, many of the leagues operate through a management-union relationship with players. This means the leagues and their respective players’ associations (who notably weren’t invited to join the White House call) will need to negotiate a return to play within the parameters of federal labor law.
Collective bargaining agreements will provide some clarity but won’t necessarily answer every question. For instance, testing of players for COVID-19 will require detailed procedures that haven’t yet been negotiated by management and labor. These procedures will also necessitate the advice of medical experts. The same can be said of measures needed to reduce the risk of players, coaches, staff and referees inadvertently infecting one another. Should fans attend games, that would only add another layer of complexity, both in terms of health and the law. Insurance companies that have sold policies to leagues and venues will want to weigh in, too. These aren’t straightforward issues. They’ll demand a balance of public health, personal health, privacy and legal considerations. And leagues’ commissioners aren’t the only relevant voices.
A return would also require leagues and players’ associations to resolve thorny financial considerations. As detailed on The Crossover, the NBA has the capacity to invoke a force majeure clause in Article XXXIX of its CBA. If the league elects that option, teams would essentially be relieved of the obligation to pay players while games are missed. However, the move would also terminate the CBA and endanger a relative period of labor peace for the league and its players. The NBA and National Basketball Players’ Association are attempting to avoid that outcome, but it highlights the complexity of the situation. Also, even if leagues and players can sort out the details, sponsors and networks have contracts related to the games and they’ll demand maximum payments.
Adding to the uncertainty is whether games are played with or without spectators. If fans are barred for many months or years, formulas to assess impact on players’ salaries might need reconfiguring. In the NBA, players and owners have a nearly even split of basketball related income (BRI), a term that includes gate receipts and other forms of revenue and the amount for which impacts the salary cap. BRI will drop, perhaps dramatically, as a result of the pandemic. This means the NBA’s salary cap for the 2020-21 season likely will be much lower than the 2019-20 cap of $109 million. It would make sense that NBA owners and players agree to smooth the impact of the loss over a period of several years so that it doesn’t disproportionately hurt players who are up for contracts over the next year or two. But such smoothing could take on many different forms and will require careful negotiations. MLB and MLBPA recently agreed to a plan to address some of the economics of a 2020 season, but even that agreement won’t answer every question for MLB and its players.
The interplay between federal, state and local laws also impacts when sports will return. States and municipalities have the legal authority to determine public safety policies. They can adopt policies that are stricter than those compelled by the federal government. Take gathering restrictions. In some areas, gathering restrictions make it illegal to hold games, even if spectators weren’t present at those games. In Massachusetts, for example, public gatherings of more than 25 people are prohibited. If that prohibition were to continue into the summer and fall, it would be impossible to lawfully play an NFL, NBA, NHL or MLB game at Gillette Stadium, TD Garden or Fenway Park—regardless of whether fans are in attendance.
It’s therefore not surprising that a prediction of NFL games in the fall has encountered skepticism. On Saturday, California Governor Gavin Newsom told media that he didn’t anticipate this prediction would come true in his state, which is home to the Los Angeles Rams, the Los Angeles Chargers and the San Francisco 49ers. Newsom stressed that decisions to resume play would be determined by “facts” and “health experts.”
Along those lines, even if the White House and Centers for Disease Control consider a return to play to be safe, a governor, mayor or local health board might disagree. COVID-19 hasn’t impacted the country in equal ways. Some states and cities have been hit particularly hard. There are parts of the country, including big cities with pro teams, that could be struggling with the pandemic for many months unless a vaccine is created, approved and distributed at an unusually fast speed.
We all hope the games return. But projecting a timetable for a return is not a meaningful exercise at this time. There are too many variables, including uncertainty over (1) when the pandemic will be contained and defeated; (2) when each state and city will legally determine that games would be safe; and (3) how financial losses and gains will be divided by all involved .
Michael McCann is SI’s Legal Analyst. He is also an attorney and Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.
April 05, 2020 at 05:28AM
Analyzing the Legal Hurdles of Bringing Back Sports
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Trump Denies Halting Shipment of Protective Equipment Abroad
U.S. President Donald Trump denied placing a moratorium on overseas shipments of personal protective equipment such as masks and gowns to help other countries, as first reported by Politico.
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New on Sports Illustrated: Chris Godwin Tells Sports Illustrated it was 'Surreal' Talking With Tom Brady
Wide receiver Chris Godwin had a tremendous season in 2019 and is looking to have even more success in 2020 now that Tom Brady is Tampa Bay's quarterback.
Chris Godwin set career highs across the board during the 2019 season—calling it a breakout year would be an understatement. The Buccaneers receiver was third in the league with 1,333 yards, one of just 12 wideouts with 85 or more catches, and his nine touchdowns tied him for third at the position. The Tampa Bay playmaker didn’t just break out, he planted himself as one of the best pass catchers in the game.
After an exciting season in 2019 with Jameis Winston under center, Godwin has plenty to get pumped up about for 2020. That’s because Tampa Bay signed future Hall of Fame quarterback Tom Brady to a two-year, $50 million contract this offseason.
Godwin told Sports Illustrated’s Albert Breer that the “sky is the limit” for the Buccaneers offense in 2020, which was the NFL’s third-highest scoring offense with 458 points in 2019. The Pro Bowl receiver went on to say: “this offense we had last year with coach Arians and just how explosive this offense can be with the type of guys that we have here. Then you add a guy like Tom who's so experienced and so elite … I’m extremely excited about this season.”
As for his first conversation with Brady after the announcement about the six-time Super Bowl champion signing with Tampa Bay, Godwin told Breer it was “surreal.”
“He’s arguably the greatest player of all time. Being somebody that's watched him my entire life and see the things that he's been able to accomplish and the type of leader he is and hearing about what type of teammate he is. It was, it was a really cool, experience.”
Then, of course, there’s the conversation they had about the coveted No. 12 jersey, which Godwin has worn since high school and the same number synonymous with Brady. The receiver says they spoke about it and deferred to the quarterback "out of respect" on the final decision. Brady chose to keep the TB12 brand in place and now Godwin will wear No. 14.
The fourth year receiver out of Penn State acknowledged there’s still plenty of work to get done in order for Brady and his new receivers to get on the same page. Problem is, the coronavirus is putting a major stranglehold on the ability to generate chemistry among new teammates. Godwin recognized the problems the virus is causing “not just football wise, but just the entire country … it’s a lot of scary stuff going on and a lot of uncertainty.”
But for a team with its eyes set on a Super Bowl, which would make the Buccaneers the first team ever to reach the big game when it is hosted in their own stadium, Godwin knows they need to get creative. Although they haven’t started yet, he says they plan on using FaceTime or Zoom to get on the “same page mentally so once we step on the field, we know what to expect from each other physically.”
The NFL has canceled offseason training activities (OTAs) due to the COVID-19 pandemic. There’s been no official word on whether training camp will start as schedule, which is currently set for Mid-July for the Buccaneers.
April 03, 2020 at 05:15AM
Chris Godwin Tells Sports Illustrated it was 'Surreal' Talking With Tom Brady
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'Some of us will die': India's homeless stranded by coronavirus lockdown
NEW DELHI - In a densely packed neighbourhood of Delhi, hundreds of homeless people queued up this week as volunteers doled out rice and peas from a vat in the back of a van.
Only a handful of the people in the crowd wore masks. There were no hand sanitizers or wash basins in sight and no social distancing.
"I need the food," said a man in the queue, Shiv Kumar.
"If I stand apart, someone else might come in between."
Volunteers say such scenes are playing out daily across India, as labourers and waste pickers - most of them homeless or too poor to afford a meal - are among the hardest hit by Prime Minister Narendra Modi's three-week nationwide lockdown to stem the spread of coronavirus.
Most of the estimated 4 million plus homeless people in India have had no way of earning a living since the lockdown began on March 25. With streets deserted, even begging is not an option.
Many wander aimlessly, some find refuge at homeless shelters where ranks of people sleep beside each other.
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The Billie Jean King National Tennis Center will be converted to a 350-bed facility, according to the Wall Street Journal's Katie Honan.
A training facility at the Billie Jean King Tennis Center in Queens, N.Y. is being converted into a 350-bed facility to fight the coronavirus outbreak, according to The Wall Street Journal's Katie Honan.
The Billie Jean King Tennis Center is one of the stadiums used for the US Open, held in Flushing Meadows-Corona Park each August. Construction to alter the facility could begin on Tuesday, per Honan.
The United States Tennis Association suspended all tournaments indefinitely on March 13. The French Open has been postponed until September, but there has been no announcement on a delay for the 2020 US Open.
New York Gov. Andrew Cuomo announced the death toll in New York due to the coronavirus had climbed to 1,218 as of Monday morning. There are more than 729,100 confirmed cases of the coronavirus globally across at least 171 countries.
March 31, 2020 at 05:43AM
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