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The Debate: Retired players

Although I don't plan on participating in a large-scale public debate with a fellow Blogger, I was inspired by the Great College Football Playoff Debate between two of the most brilliant (or at least more brilliant than yours truly) SportsBlog Nation minds, Sunday Morning Quarterback (as proponent of playoffs) and Kyle of Dawg Sports (against). Having acknowledged that great debate -- which I encourage all Hogs Haven reader(s) who are also CFB fans to familiarize themselves -- I move on to a matter prevalent to Redskins fans as NFL fans.

Ben at Curly R finished up today a clever two part piece on:

the confluence of money, age and health in the NFL. Over a twelve-day period from January 21 to February 2, the New York Times and Washington Post ran three pieces on the economics of football and the health of players, current and retired. Here we will tie these three pieces together and examine the politics of retirement from the world's premiere professional sporting league.
In his first installment he questions the escalation of player's salaries which has accompanied the heavy increase in the salary cap.

The second installment is the focus of this "Debate" (if anyone is willing to participate, that is) and a relevant and important matter for all NFL fans. Ben sets up the issue thus:

The league to which my sports affection is owed was built on those now-retired players, the guys I remember like Chris Hanburger (how can a seven year old not remember a guy named hamburger?), Pat Fischer, Mark Moseley. But these guys don't get a very big piece of the pie. Do they deserve one? Does the league have any responsibility for their health and well-being in retirement? Should there be a statute of limitations on injury claims? How do you prove what's a football injury and what's not?
Examples abound that should be familiar to NFL fans. Ted Johnson. Ben mentions Mercury Morris (neck injury from a failure to properly diagnose), Andre Waters (whose suicide was linked to brain damage caused by football injuries), and Earl Campbell. Wherever one might opine on any of these particular examples is irrelavent. Whether we think Ted Johnson was ultimately responsible for Ted Johnson's injury will not explain away all instances of post-retirement injury; having personally witnessed on multiple occasions the physical wreckage a career in the NFL wrought on Earl Campbell, I am confident expressing as uncontroversial fact that football affects the body in ways that are perhaps actionable. That is the position Ben at Curly R takes, as I am sure it is the position my reader(s) might take.

Ben also presents the league's position:

The league wants it to be about at-will employment. You assume risks by playing in the league, here is our injury policy, blah blah blah ignore the fine print sign here, here and here. Mercury and the others are looking for the league to take some responsibility for helping players with serious conditions get back to a normal life.
Although Ben's language is clearly prescriptive of what position he wants readers to take, the characterization is nonetheless fair. The league's position is that players adopt a certain amount of risk when playing a physical game, and thus washes its hands of much responsibility when the inevitable occurs. A similar debate began at Behind the Steel Curtain and Corn Nation Nebraska Blogger Ryan will suffice as the advocate of that view. He commented:
[The players] make their choice about what they want to do with their career. They also choose how long to stick with it. They're given access to financial counseling, career counseling, etc. What they need to do is take that stuff more serious when they're going in.

I am not willing to come down definitively on either side. Yet. but having staked the positions I will offer a few considerations that I think are relevant towards conclusions.
  1. Do not presume that what is the case in 2007 was the case in the past. An accurate evaluation of the risks involved in sport is contingent on medical science providing that information. It was not always the case that players knew the risks involved, and some of the demands of players involve a different era where the known facts were totally different than they are today. Whether that affects one's thinking on the subject I leave to reader(s).
  2. What the NFL owes former players is necessarily a function of what it can afford to pay them. I have little doubt that the NFL, as a consummate money making machine, has the resources to increase former player pensions. But without the specific numbers involved there is an inkling of doubt that I must acknowledge. The position of the NFLPA is that they do not have the money to pay out these pensions, and I am at least willing to presume good faith (because it is difficult for me to think the NFLPA is merely being spiteful, though Vincent's comments...). With that said I agree with Ben: Let's see those numbers. I believe that those numbers could easily settle the matter for the majority of fans.
  3. No matter what one ultimately concludes about the culpability, remember two final things. One is that even if players are responsible for what happens in the regular course of a game, season, or career, suspicious circumstances still exist. The game is still run, managed, coached, and played by human beings, and they err. Sometimes they err mistakenly in calculations, and sometimes they err purposefully to deceive. The latter is never forgiveable, and pointing out that players assume risk does not exonerate suspicious, deceptive, or actionable behavior. Ever. Second, remember that many retired players aren't all that different from you or I. It's easy to lose sympathy for former players because they spent so many of their years in presumed excess and celebrity. I would have happily walked ten miles in Mike Webster's shoes circa the late 70s -- as his Steelers won Superbowls behind their Pro Bowl Center -- but wouldn't have wanted to walk ten steps in the man's shoes when his damaged brain and life turned against him in the late 90s up to his death in 2002. I don't know if that were preventable but for some additional financial assistance from the NFLPA, but I refuse to be so callous to completely ignore the human suffering element involved. Whether morally serious acknowledgement of that suffering is itself enough to sway one's opinion, I leave to reader(s).
Feel free to commit your own thoughts on the matter in the comments section. Or don't.

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Relevant to consideration #1
Skin Patrol writes:
Do not presume that what is the case in 2007 was the case in the past. An accurate evaluation of the risks involved in sport is contingent on medical science providing that information. It was not always the case that players knew the risks involved, and some of the demands of players involve a different era where the known facts were totally different than they are today.
A part of the second piece I wrote but later excised involved the relationship between players and owners in those days of the early 70s, when Mercury Morris starred and then was injured.  There was no free agency and players could, pratically speaking, move from one team to the next only with an owner's blessing.  Being an NFL player was a form of indentured servitude, and economics tells us that the party with less power in that relationship will receive proportionally worse treatment from the party with more power.

As many sports fans no doubt have over the years, I have heard stories of team doctors in all sports at all levels that rushed players back to the field before they should have or downplayed an injury because the short-term return of getting the investment (the player) back to earning (playing) was weighted more heavily against the long-term return of ensuring the investment is protected.

In other words, until free agency began to creep into the game and the players union began to get some clout, the owners called all the shots, and if the owner did not fear losing the player through a grievance or free agency, the owner would have less incentive to make the team doctors objective and the process of evaluating and treating injuries more transparent.

I'm not ascribing nefarious intent to anyone, I'm just saying the economics were different at the time, as was the relationship between owners (and therefore team doctors) and players, all notwithstanding any changes in medical science and technology.  If we take Mercury at his word from the Washington Post piece, the Dolphins doctors screwed him over, twice, even as the league doctors tried to do the right thing.

=====Curly R: The Redskins Blog=====

by thatguyben on Feb 23, 2007 12:41 PM EST reply actions   0 recs

For readers: Relevant Dates
In other words, until free agency began to creep into the game and the players union began to get some clout, the owners called all the shots, and if the owner did not fear losing the player through a grievance or free agency, the owner would have less incentive to make the team doctors objective and the process of evaluating and treating injuries more transparent.
Plan B Free Agency (which I believe was ultimately ruled antitrust or something?) went into effect in the 1989 season and lasted until 1992. Current system started in 1993.

by Skin Patrol on Feb 23, 2007 1:10 PM EST up reply actions   0 recs

Additional free agency clari
Reference, NFLPA history here.

The original extra crispy bucket of free agency came to the NFL in 1977, though one of the Redskins greatest players, John Riggins, was signed from the Jets as a free agent in 1976.

NFL players and owners have tangled on player freedom since the 40s.  Although the NFLPA did not become a true union until 1970 (previous to that it was merely an association and there were no legal agreement to enforce the supposed arm's length dealings between the players and owners and as such the owners resisted every player demand), the court case Mackey vs. NFL in 1976 found the NFL owners in violation of labor and antitrust laws and ended, in theory, strict owner control of players that had been in place for decades.  Like the current system of restricted free agency, the team signing a player from another team had to give up draft choices to the player's old team based on the size of the new contract offered.

The owners' solution to this new system?  Simply collude and agree not to sign players.  Ostensibly it was about the unexpectedly high draft picks any team would have to give up to get the free agent player, but the reality was that owners did not want to validate players' predictions that increased movement between teams would result in better treatment and conditions for players (which it undeniably has).

The next CBA in 1982 did not improve the state of NFL free agency.  To underscore how free agency existed, but not really, according to the NFLPA, there were over 500 'free agents' in the period 1982-1987, but only one got an offer from another team (the piece does not mention who).

After the (failed, from the perspective of the NFLPA) strike in 1987, the league responded to yet another (at least the third in this NFLPA piece) antitrust lawsuit by implementing Plan B free agency for the bottom-of-the-roster players in the league.  One more antitrust case later (the famous Freeman McNeil case) and Plan B was struck down in September 1992.  Immediately, Keith Jackson sued for an injunction against Plan B and left the Eagles to sign with the Dolphins.  The Eagles got no compensation.

It took another year to work out the details of free agency and the salary cap, and in the meantime players with expired contracts still had to sue to be exempted from Plan B.  Full free agency took effect in the league in 1993.

So when I talk about the 'creep' of free agency, it has been there since the year after Mercury Morris retired.  Only a handful of players, like the mercurial (no pun intended) Riggo were ever able to take advantage of it due to owner collusion.

In a sense, there is nothing stopping owners from pursuing the same illegal collusion and just stop paying the big money, and there is ample evidence they do when it comes to other matters.  Why for example do the Jaguars tarp over 10,000 seats rather than lower prices to the point where the stadium is full?  My guess is that this would cause the average Jaguars ticket price to drop below a price band negotiated secretly between the owners.

Reading about the history of the NFLPA is enough to make you hate the owners.

=====Curly R: The Redskins Blog=====

by thatguyben on Feb 23, 2007 2:49 PM EST up reply actions   0 recs

In other words
Ben knows a lot more about this than I do.

by Skin Patrol on Feb 23, 2007 4:03 PM EST up reply actions   0 recs

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