A panel of judges from the Minnesota Court of Appeals has declined to overturn the suspensions imposed by the National Football League on Vikings defensive linemen Kevin and Pat Williams for taking a banned substance.
The court ruled against the players because the diuretic that they tested positive for does not fall under the state’s Drug and Alcohol Testing in the Workplace Act (DATWA). Thus, the NFL was not required to follow that law’s worker-notification requirements.
In 2008, the Williamses tested positive for bumetanide, a powerful diuretic that was an unlisted ingredient in the over-the-counter weight-loss supplement StarCaps. The NFL, however, waited one month to inform them that they had violated league policy and announce suspensions of the players. The players claimed in a lawsuit in July 2008 that DATWA required the league to notify the players within three days.
The players never did serve their suspensions as the case bounced between federal and state court as questions arose about whether the NFL or the Vikings were the employer of the players, and how that determination would impact the applicability of DATWA.
In the end, the appeals court turned to a different legal argument in siding with the NFL. The panel, however, was careful to say that the NFL is subject to state law when testing players for drugs covered by DATWA, such as anabolic steroids.
“Importantly, our holding is limited to the specific facts of this case and should not be read to excuse the NFL from complying with state law when applicable,” the court held.
The NFL issued the following statement after the legal victory: “We are pleased that the Minnesota Court of Appeals, like all other federal and state courts to hear the matter, has unanimously upheld the structure and operation of the NFL’s collectively bargained Policy on Anabolic Steroids and Related Substances. We are in the process of reviewing the decision and determining our next steps.”
In the month after the ruling, Pat Williams announced that he would no longer contest the punishment and would serve his suspension at the beginning of the 2011 season if a new CBA is reached. Williams said he spent $1 million in legal fees.
