Thread: FINALLY- court declines Star cap appeal!

Appeals court declines to block Williams Wall suspensions

The Appeals Court rules that the diuretic found in 2008 tests isn't a part of state's workplace drug-testing laws.

The Minnesota Court of Appeals declined Tuesday to block the NFL's long-fought suspensions of Vikings defensive linemen Kevin and Pat Williams for taking a banned substance, leaving the players to decide whether to appeal to the state Supreme Court.

The Appeals Court said that because the diuretic the players took does not fall under the state's workplace drug-testing law, the NFL's failure to follow that law's worker-notification requirements does not give state courts a basis to prevent the league's punishment.
However, the Appeals Court's three-judge panel noted that the NFL is subject to state law when testing players for other, covered drugs, 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," Judge Francis Connolly wrote.

The players tested positive in July 2008 for bumetanide, a powerful diuretic that was an unlisted ingredient in the over-the-counter weight-loss supplement StarCaps. Bumetanide is identified as a steroid-masking agent within the NFL's prohibited substance policy.
The Vikings could be hurt by a potential suspension of Kevin Williams, but 38-year-old Pat Williams could depart this offseason as a free agent. Pat Williams said near the end of 2010 that he does want to play a 15th season in the NFL.

Kevin Williams, 30, has been a Pro Bowl selection five times in his eight NFL seasons.
The Williamses first filed their lawsuit in late 2008 and so far have not been required to serve their suspensions as aspects of the case have bounced between state and federal court.
Their attorney, Peter Ginsberg, said he would consult with his clients before they decide in the next couple of days whether to appeal. Ginsberg said the court's ruling means the Williamses could be suspended despite "having won the war" in earlier rulings.

"I'm disappointed in that Kevin and Pat are still facing suspension," Ginsberg said. "I'm gratified that the NFL has been told yet again that the law in Minnesota applies to it. I just wish the NFL would finally take notice and responsibility and obey that law. We have mixed feelings about today's outcome."

The NFL issued a statement on the ruling, which read, in part: "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."

The Williamses, who are not related, said they took StarCaps to lose weight and hit financial incentive goals. They said they were told of the violation a month after testing positive. They said the notice violated Minnesota drug and alcohol workplace testing laws, which mandate notification within three days.

Hennepin County District Judge Gary Larson ruled in May that the NFL violated the state law, but he said the Williamses weren't harmed. Attorneys for the players argued to the appeals court in November that the NFL's violation should relieve the players of the four-game suspension handed down by the league.

They also argued that the players suffered damage to their reputations. Neither ever have tested positive for steroids.

Pat Williams' agent, Angelo Wright, did not rule out an appeal by his client. Wright said that if this decision had gone in favor of the players, the NFL certainly would have appealed.
"We'll weigh all our options, and we'll make whatever the most effective decision is to keep him playing," Wright said.