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The Honolulu Advertiser
Posted on: Friday, September 11, 2009

NFL: Appeals court rules Vikings DEs can play


AMY FORLITI
Associated Press Writer

MINNEAPOLIS — A federal appeals court today cleared the way for Minnesota Vikings Pat Williams and Kevin Williams to play all season, despite the NFL's attempts to suspend them for violating the league's anti-doping policy.

The NFL had already said the two defensive linemen would play in Sunday's season-opener at Cleveland because their court fight over the suspensions would not be decided in time.

That fight isn't over, but the 8th U.S. Circuit Court of Appeals upheld a lower court ruling that says the legal issues — and there are many — must be resolved in state court. The judge there has issued an injunction prohibiting the NFL from suspending the players, and he has also said a state trial during the 2009 season was unlikely.

It wasn't known whether the NFL will appeal Friday's decision.

"We are looking at our options on how to proceed," NFL spokesman Greg Aiello said in an e-mail.

The NFL wants to suspend the Williamses, who are not related, for four games each after they both tested positive for a banned substance during training camp in 2008. Kevin Williams is a former Oklahoma state standout.

The players are not accused of taking steroids. They acknowledge taking the over-the-counter weight loss supplement StarCaps, which did not state on the label that it contained the diuretic bumetanide. The diuretic is banned by the NFL because it can mask the presence of steroids.

The Vikings had meetings and practices scheduled for Friday and were not immediately available for comment.

Attorneys for the NFL had argued it should be allowed to enforce its anti-doping policy because it was a product of the NFL's collective bargaining agreement with the players union. The agreement is governed by federal labor law, which they argued pre-empted the state laws the Williamses are using to block their suspensions.

The case has attracted attention, and opinions, from other pro sports leagues. An attorney for the Williamses was pleased with Friday's ruling.

"It's a terrific ruling for us and it's a terrific ruling for unionized employees everywhere," Peter Ginsberg said. He said the ruling shows that "even an $8 billion business cannot ignore liberty rights and protections established by state legislatures."

The appeals court decision could affect current New Orleans Saints players Charles Grant and Will Smith, as well as Deuce McAllister, the Saints' career rushing leader who was released after last season. The three are not part of the Williamses' lawsuit in state court.

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AP Sports Writer Jon Krawczynski contributed to this report from Eden Prairie.

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On the Net:

Appeals court ruling: http://www.ca8.uscourts.gov/opndir/09/09/092247P.pdf