Ruling may pave way for Clarett’s path to NFL
An NFL executive is confident
the ruling will be overturned
because of precedents
created in other sports cases
By Don Pierson
Chicago Tribune (KRT)
CHICAGO — The most glam
orous and successful sports entity
in the world might be forced to
allow teenagers into its work force
as a result of a federal judge's rul
ing in New York on Thursday.
U.S. District Judge Shira
Scheindlin ordered Maurice
Clarett, 20, eligible for the
National Football League's player
draft, declaring that a league rule
keeping prospective players out
until three years after their high
school class graduates is a viola
tion of antitrust laws.
Clarett, a running back, helped
Ohio State win a national champi
onship as a freshman in 2002,
then sued to gain draft eligibility
after an NCAA suspension for
accepting improper benefits from
a family friend and then lying
about it to investigators kept him
off the field for his sophomore
year. Scheindlin declared the NFL
rule an illegal group boycott, so
blatant a violation of antitrust law
that Clarett's case could be decid
ed without a trial.
Although the league will appeal
the ruling, it had not decided
Thursday whether to seek a stay of
the Clarett order.
"If there is not a stay, then Mr.
Clarett would be eligible to be draft
ed," said Jeff Pash, NFL executive vice
president and in-house counsel.
Pash denied speculation that NFL
teams would retaliate against the rul
ing and refuse to draft Clarett, risking
a charge of collusion.
"I have not the slightest doubt
he'll be treated like every other play
er," Pash said. "You know how com
petitive teams are. If he can play, he'll
be out on the field every weekend."
Pash said he was "surprised" by
Scheindlin's ruling, but he expressed
confidence it will be overturned
upon appeal because of precedent in
other sports cases. But until that
time, Pash said Scheindlin's decision
is so broad that nobody can be
excluded from draft eligibility, not
even high school freshmen.
"It doesn't appear the judge
believes there is any line we can
draw that on one side a player is
eligible and on the other side is
ineligible," Pash said.
The National Basketball
Association has had no age limit
since 1970, when Spencer
Haywood sued to gain entry after
his sophomore year at the
University of Detroit. Haywood's
victory was overturned on appeal,
but the U.S. Supreme Court
eventually ruled in his favor.
As a result, some of the NBA's best
known players, such as Kobe Bryant,
Kevin Garnett and Tracy McGrady,
came to the league directly from high
school. A player with four years of
college experience is more the excep
tion than the rule in the NBA.
The NFL does not expect a flood
"I have not the slightest
doubt he'll be treated like
every other player. You
know how competitive
teams are. If he can play,
he'll be out on the field
every weekend."
Jeff Pash
NFL executive vice president
of applications from high school
and college-age prospects, but it
announced it will extend the dead
line for declaring eligibility for the
April 25-26 draft.
Forty-five players with college eligi
bility remaining declared for the 2003
draft. Only four of those players had
not used up three years of eligibility.
Because teams retain a drafted
player's rights for only one year if
they don't sign him, and because
there are only six rounds in the
draft, it is doubtful many teams
would start using valuable picks
on younger future prospects.
"I don't know that the floodgates
are open," Pash said. "We'll have to
wait and see the numbers that apply
for the draft."
Under the existing rule, 41 col
lege underclassmen had declared
for the draft by the Jan. 15 deadline.
In a separate decision, the league
ruled Pittsburgh sophomore receiver
Larry Fitzgerald eligible for the draft.
Because he attended a prep school
after high school, there was a ques
tion of whether he met the NFL rule
Clarett challenged. Because he did
not play during the 2003 season and
was beset by injuries during his fresh
man year, Clarett's draft projection
ranges from late first round to sec
ond round.
No other football player has
challenged the 1990 NFL eligibility
rule. It was adopted because NFL
coaches and executives don't
believe younger players are physi
cally ready for the NFL, although
the 6-foot, 230-pound Clarett
could be an exception.
"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," the judge said.
If upheld, the ruling threatens to
undermine the NFL's built-in minor
league system of college football that
develops and promotes future stars
without cost to the pros.
'The people who would be hurt
most are not the NFL," Pash said.
"We'll get the best players whether
they are seniors, juniors or sopho
mores. The people who will be
hurt are players who for one rea
son or another try to make the
jump before they are ready."
Alan Milstein, a lawyer for
Clarett, called Thursday's deci
sion "a total victory" and said
Clarett was "thrilled."
In a statement the NFL said, "We
believe today's ruling is inconsistent
in numerous respects with well-estab
lished labor and antitrust law. We
fully expect our eligibility rule to be
upheld when this case is concluded."
"I was pleased that the rule was
brought down," Clarett said at a
news conference. "It gives kids an
opportunity to choose."
Clarett declined to say whether
he'll enter the April draft after his
lawyers advised him that Ohio State
has warned even a declaration to join
the NFL would rule out any chance
of returning to college ball.
(c) 2004, ChicagoTribune.
Distributed by Knight Ridder/
Tribune Information Services.
DEFENSE
continued from page 7
players are all pretty athletic and active
like ours," Litzenberger said. "They
can shoot it a little bit they can put it
on the floor a little bit and they can all
pass it. That makes kids and teams
tougher to defend."
Brooks getting better
Freshman guard Aaron Brooks had
the pins removed from his right wrist
Monday, and a CT scan taken
Wednesday showed good results,
Kent said.
The hard cast Brooks had been
wearing up until Monday was re
placed with what Kent called a "soft
splint." Brooks will next see a hand
specialist later this week and if all goes
well, could begin rehabilitation with
the team on Monday.
Kent did rule out a return to the
lineup for Brooks next week in Seattle
— his hometown — against Wash
ington on Thursday, and no definite
timetable for his return has been set.
It could be anywhere from two to
four weeks, possibly more.
" I just want to get ready for Arizona
(on Feb. 19)," Brooks said. "Seattle
would have been nice but 1 know that
would have been kind of pushing it."
Contact the sports editor
at hankhager@dailyemerald.com.
FUEL
continued from page 7
The Ducks currently have junior
Andrea Bills leading the way with
team highs of 11.9 points per game
and 8-4 rebound per game.
Gunderson and Davis, starters for
the Ducks, are among the top con
tributors. Davis is averaging 9.5
points per game while Gunderson
averages 5.1.
"Every Civil War game is pretty in
tense, so I think it's going to be a
tough game for us up there ," Davis
said. 'Their intensity level is going to
be a lot higher as far as wanting to
come and take the win, so that's going
to be the biggest thing: Who has the
most intensity."
The fans will add to the intensity
for both teams. Last season, Oregon
State averaged 1,300 in attendance at
home games but 4,572 fans came out
for the Corvallis-hosted Civil War.
In comparison, the Ducks were sec
ond in the conference with a 4,433 av
erage. The fans, often a close ratio of
Oregon green to Oregon State orange
in Corvallis and Eugene, will likely play
the sixth woman in Saturday's game.
"We bring as many fans as we do
and it fills it up," Smith said. "You can
sense the tension. You can sense
where Oregon fans are and it's pretty
orange and black in there, so you can
sense the Beaver-ness of it."
In an extended schedule that rivalry
week provides, the Ducks took Mon
day and Tuesday off from team prac
tices. It provided an opportunity for a
few minor injuries to heal.
Smith said that guard Chelsea
Wagner's left knee — her torn lateral
meniscus — is better than it was dur
ing the Los Angeles trip.
"We've got a lot of bumps and
bruises, but with our team it doesn't
matter," Gunderson said. "We're all
going to work hard and work
through it."
The Ducks stay in Oregon follow
ing the Civil War to host Washington
and Washington State at McArthur
Court next week. ^
Contact the senior sports reporter
at mindirice@dailyemerald.com.
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