By LARRY NEUMEISTER, Associated Press Writer
May 24, 2004
NEW YORK (AP) -- Maurice Clarett lost yet another court decision in his attempt to play in the NFL next season.
An appeals court said Monday that federal labor policy allows NFL teams to set rules for when players can enter the league.
The decision by the 2nd U.S. Circuit Court of Appeals was consistent with the appeals court's refusal last month to permit the former Ohio State running back into the NFL draft.
A lower court judge in February ruled Clarett eligible for the draft. It said the NFL was violating federal antitrust laws by blocking Clarett's entry into his profession with a rule barring eligibility until a player was three years out of high school. Clarett is only two years out of high school.
After the appeals court blocked Clarett's entry, saying it believed it would rule against him, the 20-year-old athlete sought help from the U.S. Supreme Court. Two justices turned him down.
On Monday, the appeals court said Clarett was ``no different from the typical worker who is confident that he or she has the skills to fill a job vacancy, but does not possess the qualifications or meet the requisite criteria that have been set.''
It said ruling in favor of Clarett would be deciding that professional football players were entitled to advantages under federal labor laws that transport workers, coal miners or meat packers do not enjoy.
The draft was held on April 24-25, and Clarett was ineligible for it. This ruling means he will not be eligible for a supplemental draft and will have to wait for the 2005 draft.
Clarett rushed for 1,237 yards and 16 touchdowns as a freshman in 2002, leading the Buckeyes to the national championship. He was suspended before the 2003 season for accepting money from a family friend and lying about it to NCAA and Ohio State investigators.
He also pleaded guilty in January to a misdemeanor after exaggerating the value of items stolen from a car he borrowed from a Columbus used-car dealer. He was fined $100.
Clarett lawyer Alan Milstein on Monday did not immediately return a telephone message seeking comment.
NFL Executive Vice President Jeff Pash said in a statement that the appeals court ruling Monday ``leaves no doubt that legal challenges to the NFL's long-standing eligibility rules have no basis whatsoever.''
``We are grateful for the court's prompt attention to our appeal, but not at all surprised by the result, which represents a complete victory for the National Football League,'' he said.
In its Monday ruling, the appeals court said Clarett's case was not an instance ``in which the NFL is alleged to have conspired with its players union to drive its competitors out of the market for professional football.''
The lawsuit instead ``reflects simply a prospective employee's disagreement with the criteria, established by the employer and the labor union, that he must meet in order to be considered for employment.''
The ruling also affects Southern California wide receiver Mike Williams, who applied for entry in this year's draft after the lower court ruling in favor of Clarett. Williams lost his NCAA eligibility when he hired an agent.
Southern Cal coach Pete Carroll said the school will seek the All-American's reinstatement.
``We've been preparing for this outcome for a while,'' Carroll said. ``Mike was aware of this possibility. He'll now look to get reinstated into college by the NCAA. The process is underway, but it will take a while.
``We're counting on the NCAA to understand the uniqueness of this situation and give Mike the opportunity to come back to school.''
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