New Developments in Kaepernick Collusion Grievance Could Further Help His Case
“Deposing McCarthy and O’Brien Could Prove to be Critical, But There is Still a Long Way to go”
When the news hit online that Houston Texans quarterback DeShaun Watson went down with an ACL tear in practice causing him to miss the remainder of the season, what happened next was like clockwork. On cue, the tweets flooded in with sports journalist and figures advocating for the team to sign former San Francisco 49ers quarterback Colin Kaepernick whose playing style is a perfect match for the Texans offense. Equally as predictable was the Texans signing a quarterback with a significantly lower skill level than Kaepernick, avoiding the most logical move for their franchise on the field and keeping the former free-agent quarterback without a job this football season. Considering his protest against police brutality during the National Anthem last year, Kaepernick has not drawn any interest or contract offers from any team in the NFL despite a number of star quarterbacks being injured and poor quarterback play from lower tier teams around the league. However, further developments in Kaepernick’s grievance for collusion case against the National Football League could provide some good fortune and bring him one step closer to returning to the field.
On October 15, 2017, Kaepernick filed a grievance under the latest collective bargaining agreement against NFL owners for collusion. In a statement released to the public, Kaepernick’s attorney Mark Geragos stated that:
“(NFL Owners) have colluded to deprive Mr. Kaepernick of employment rights in retaliation for Mr. Kaepernick’s leadership and advocacy for equality and social justice and his bringing awareness to peculiar institutions still undermining racial equality in the United States.”
Last week it was learned that a handful of NFL owners, teams, and league officials would be deposed in the Kaepernick case, requiring the individuals to turn over all cell phone calls and emails in relation to Kaepernick. Among the owners involved are Jerry Jones of the Dallas Cowboys, Robert Kraft of the New England Patriots and Bob McNair of the Texans who last month was under fire for his remarks comparing football players to inmates. Recently it was reported that Green Bay Packers and Texans head coaches Mike McCarthy and Bill O’Brien would join those owners, league officials and fellow head coach Pete Carroll of the Seattle Seahawks in being deposed as well. This action could prove to be a significant point in Kaepernick’s case.
The Seahawks, Packers, and Texans are all teams who need a quality backup quarterback. Aaron Rodgers and DeShaun Watson are both out for the season due to injury. Seattle actually met with Kaepernick in the off-season, however, they decided not to sign him despite Carroll stating: “He thinks Kaepernick is a starter in this league.” If it can be proven that these teams, owners, or league officials communicated with each other and decided as a collective to not sign Kaepernick, then they would be in violation of the collective bargaining agreement and Kaepernick wins his collusion case. However, the process is lengthy and could take months to conclude, plus it’s not a surefire win for Kaepernick as the public may assume.
“The problem and what the public may not understand, is that it doesn’t matter if an owner chooses not to sign Kaepernick because of his activism.” Said local Atlanta lawyer Reginald Matthews. It doesn’t matter how good he is versus other quarterbacks or anything like that, it doesn’t prove collusion. They are going to comb through all those records, search for any keywords such as Kaepernick’s last name that could help them with their investigation, and if they find that these owners and officials did in fact team up against him, well now you’re cooking with grease.”
Kaepernick’s case is far from proven at this point, but there is slight room for optimism. The fact that a player has decided to step up and challenge the NFL for potential wrongdoing is an achievement, considering the questionable decisions the league has made in the past when it comes to the treatment of players. The longer Kaepernick remains a free agent, the more the NFL looks ridiculous. Despite San Francisco’s 2–14 record last year, Kaepernick threw 16 touchdowns versus 4 interceptions, and he clearly deserves a spot on somebody’s team. Kaepernick may not have a job by the end of this season, but this upcoming off-season can potentially prove to set the tide for how the rest of his football career will end up.
Lee Williams is a hopeless Lions Fan from Detroit, MI and a senior at Morehouse College. Follow him on Twitter.
