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Watson cases consolidated

All in one court now, for your convenience.

All 22 sexual assault and harassment lawsuits against Texans quarterback Deshaun Watson have been consolidated to one Harris County court.

Both legal parties agreed on Friday that State District Judge Rabeea Sultan Collier should handle the cases until the time of trial. Any trial would then be returned to the originally assigned courtroom.

Court documents show that the cases have been consolidated. Collier said Friday she expected a panel of judges to meet and officially OK the agreement at an unspecified date.

The decision is primarily a matter of convenience for the judges, Watson’s attorneys and the lawyers of the 22 women bringing litigation. Rusty Hardin, Watson’s attorney, and Tony Buzbee, representing the women, said that it would be easier to exchange evidence in one courtroom instead of several.

See here for the previous update. I don’t need to be a lawyer to know that this is a normal thing, consolidating lawsuits like this. As a blogger who follows various legal cases, I drive myself crazy sometimes trying to tell from a bland news story whether a particular court action has to do with this lawsuit or that one or the other one over there. I appreciate the simplification.

In semi-related Watson news, don’t do this.

Football writer Aaron Wilson is no longer with the Houston Chronicle after he went on a Boston sports radio show and compared the women suing Deshaun Watson to terrorists, multiple sources told Defector on Friday.

The radio appearance was on The Greg Hill Show on WEEI on March 19. During the appearance, Wilson called the lawsuits “a money grab” and “ambulance chasing.” At one point during the conversation, when talking about the Watson case, he said, “In his case, you know, it’s kind of you don’t negotiate with terrorists. People are demanding money, they’re asking for money. It kept escalating, it kept going up and up and up. You’re talking about more and more funds, I’m not going to say how much it got to, but my understanding is, you know, that there was an admission that, it was, you know, something, you know just that this was, you know, just a money grab.”

Wilson has since issued an apology, but yeah. You can’t, and you shouldn’t, come back from that. We all have our thoughts and often conflicting feelings about the accusations against Deshaun Watson, but outside of the accusers and Watson themselves, no one knows anything. We should take the accusers seriously, and we should give Watson the chance to defend himself, and we should not jump to dumb and ill-informed conclusions.

UPDATE: The remaining cases against Watson have been refiled to include the plaintiffs’ names, minus one who chose to drop out.

Watson seeks names of accusers

This was going to happen sooner or later.

Attorneys for Texans quarterback Deshaun Watson on Thursday urged several state courts to require the disclosure of the names of the women accusing him of sexual assault and harassment — a move one legal expert called an intimidation tactic.

In a new court filing, defense lawyer Rusty Hardin lambasted the women’s attorney, Tony Buzbee, for holding a “trial by press conference” and making it difficult for Watson to respond to the 22 separate accusations without knowing who filed suit. The anonymous women, most of whom are massage therapists, allege that Watson assaulted or harassed them during sessions in 2020 and 2021 in Texas, California, Georgia or Arizona.

Hardin filed multiple requests Thursday but said he intended to file them in all of the women’s cases.

“Through the spectacle of the last few weeks, Mr. Watson has been unable to responsibly defend himself in the face of overwhelming national media coverage,” Hardin said in the filing for a special exception to the original petition. “Mr. Watson’s counsel cannot in good conscience publicly respond to the specific allegations being made because any response would be based on dangerous speculation about the identity of the accusers.”

[…]

The women are all officially listed as “Jane Doe” in court documents. Two Texas Rules of Civil Procedure prevent plaintiffs from filing civil claims using pseudonyms, Hardin said. One rule requires plaintiffs to state their name if it is known, and the other requires giving the defense fair notice of the claims involved. An exception is made for minors in sex assault cases.

A judge could potentially permit the defense to learn the identities of the plaintiffs but order the names not be released publicly, University of Houston law professor Meredith Duncan said.

Tahira Khan Merritt, a Texas attorney who litigates civil sex assault cases in state and federal court, said judges have discretion as to whether they would allow the case to proceed under a pseudonym. Prohibiting a pseudonym would merely be an intimidation tactic so early in a case, she said.

“The use of pseudonyms is very common across the United States,” Merritt said. “The only reason they would push it is to shut the victim up and discourage others from coming forward.”

Buzbee previously told Hardin he could provide the names if they used a confidentiality order, Hardin said.

As we know, two accusers have come forward publicly, but the others have not. At the court hearings today, they got some of what they wanted.

Two Harris County judges ordered in separate hearings on Friday that Tony Buzbee refile sexual assault and harassment cases against quarterback Deshaun Watson with the names of the accusers made public.

State district Judge Dedra Davis granted defense attorney Rusty Hardin’s request and asked that Buzbee refile a case in her court and disclose one of the women’s names within two days. Buzbee had suggested a private disclosure to Hardin for the women, who were initially all listed as “Jane Doe.”

A second judge, Rabeea Sultan Collier, made the same determination in the cases of three other women late Friday morning. Ten other women agreed to allow Buzbee to release their identities, and the woman in Davis’ court was “emboldened” and told Buzbee not to fight the judge’s decision, he said.

[…]

Hardin told Collier that making names public, while a concern for women’s safety, is also necessary for the defense. Since Solis and one other woman identified themselves during a Tuesday news conference, his team has received information about them from outside parties, he said.

Davis agreed that both parties needed fair treatment and that the women needed to be protected. But she agreed with Hardin that his use of publicizing the case in the media hurt his arguments.

“Everything’s been thrown into the spotlight,” she said. “I understand that you said in private you will allow the accuser to be known but it’s been very public.”

Collier heard arguments about 12 cases, nine of which were moot since the women agreed to have their names released. Solis’ case, the first to be filed, landed in her court, which means it is customary that any consolidation of cases would also move to her courtroom.

Hardin and Buzbee also agreed on a consolidation agreement Friday. All 22 women’s cases will proceed in Collier’s court before trial, but would move back to their original courts for a trial.

OK then. There are still hearings to be had for the remaining women, so we’ll see how that goes. We also now have a preview of the defense.

Deshaun Watson’s attorneys on Friday issued their first extensive defense of the star quarterback, alleging that every sexual act he partook in was consensual.

Rusty Hardin and a team of four women spoke from the Hilton Americas hotel downtown, issuing statements of support to the media and apologizing for remaining quiet as Watson was hit with 22 separate lawsuits of sexual assault and harassment. But the veteran, high-profile defense attorney also prodded reporters to look more closely at the behavior of the women’s lawyer, Tony Buzbee, who he said withheld the names of the anonymous plaintiffs until it was vital that they be made public through an emergency hearing.

[…]

Watson has been receiving two to three massages a week for four years, totaling sometimes to 150 a year, Hardin said. Most of the allegations seem to stem from 2020 and 2021 because the massage industry has changed over the course of the pandemic with the closure of spas and tendency of massage therapists to turn to Instagram for marketing, he said.

Watson, 25, largely operates from Instagram, and he doesn’t have a large team of massage therapists at his disposal through the Texans as many would believe, his attorneys said.

The female attorneys at the press conference clarified that they were not the only people from Hardin’s office on the lawsuits and did not appear to speak for appearances. They were only there because they wholeheartedly believe Watson, they said.

Attorney Leticia Quinones, a sexual assault survivor herself, said that she and other women on the team personally met with Watson and were convinced of his innocence. She urged the public to look at Watson’s “credit history” of good deeds in the community and success in overcoming a rough childhood.

She said Watson has a target on his back after signing a $160 million contract. He’s separately trying to leave the Texans.

“This 25 year old man was thrown in the depths of something he wasn’t accustomed to – money fam and stardom,” Quinones said.

Quinones added however, “I don’t discount anything that a young woman believes happens to her,” and after taking questions, Hardin agreed that “good guys” are capable of doing bad things.

Hardin said he simply wants to move the needle back to the middle in terms of public discourse following weeks of attacks from Buzbee’s team.

I’ve tried not to jump to any conclusions as the plaintiffs have made their accusations, and I’m going to continue to try to stay neutral as the defense begins to speak. There is sure to be a lot more said on all of this. Sean Pendergast has more.

A Watson accuser has come forward

Listen to what she says.

The first of 22 women to file a sexual assault and harassment lawsuit against Texans quarterback Deshaun Watson spoke out on Tuesday, coming forward publicly in response to the defense team’s questions over the accusers’ identities.

At a news conference in attorney Tony Buzbee’s downtown high rise office, licensed massage therapist Ashley Solis shared her experience as a woman who is now struggling in her profession in the aftermath of the alleged assault. Buzbee then distributed pages of documents showing messages that he claims Watson sent to some of his clients, and his associates named a second woman who filed one of the lawsuits.

Solis said she now has difficulty touching patients without shaking, and on several occasions she has had to end sessions early.

“We were all deceived into thinking that Deshaun Watson was a great guy,” Solis said. “Unfortunately we know that good guys can do terrible things.”

Watson’s attorney, Rusty Hardin, released a lengthy statement containing a series of email exchanges allegedly between Buzbee’s camp and a Watson representative, claiming Buzbee sought $100,000 to settle Solis’ allegations just one month before he filed her suit.

“Mr. Buzbee himself repeatedly claimed that the litigation he filed on behalf of other Jane Does ‘isn’t about money,’” Hardin said. “In fact, according to the documentation below, Mr. Buzbee sought $100,000 in hush money.”

Separately, he said Buzbee has not turned over any of the documents he shared with the media. Hardin has previously criticized Buzbee for failing to give him the names of his clients, which he says prevents him from investigating the claims.

See here for the previous update. I would much rather live in a world where no one ever had any reason to accuse Deshaun Watson – or anyone else, for that matter – of any kind of inappropriate sexual behavior. One is allowed to have complicated feelings about all of this. I’m still wrestling with a lot of contradictory emotions and reactions, and I’m a pretty lukewarm Texans fan. While Deshaun Watson and Rusty Hardin have the right to defend his actions and his reputation, Ashley Solis deserves to be treated with respect. She’s already being attacked by trolls, which is a great illustration of why very few women make this kind of accusation lightly, and why most of these plaintiffs have remained nameless so far. Watson and Hardin will get their chance to question her account and her veracity, and we will get to make up our own minds about it, hopefully once all the evidence is in. Let’s all please try not to be jackasses about this.

I mention Watson and Hardin defending Watson’s reputation because that is very much at issue here.

Nike has suspended its business relationship with Texans quarterback Deshaun Watson, who is facing 22 civil lawsuits that allege sexual assault and harassment.

“We are deeply concerned by the disturbing allegations and have suspended Deshaun Watson,” Nike said in a statement e-mailed to the Chronicle. “We will continue to closely monitor the situation.”

Beats by Dre also has terminated its relationship with Deshaun Watson, according to sources not authorized to speak publicly. Watson had a business relationship with Beats by Dre since he was drafted in the first round in 2017 out of Clemson.

Also, Reliant Energy has dropped its relationship with Watson as a brand ambassador is over.

“Reliant is aware of pending civil lawsuits and a criminal investigation involving Deshaun Watson, Houston Texans quarterback,” Reliant said in an email. “Our relationship with Watson as a brand ambassador was scheduled to end this spring prior to these allegations, and there are no plans for future engagements or contracts with him. We take accusations of this nature very seriously. With respect to the legal process, we do not have any further comment on this matter.”

Not hard to understand why these companies took this action. The stakes overall are a lot higher than endorsement deals, but this is a significant development. Sean Pendergast has more.

Why lawsuits?

If you’ve wondered why the women who have accused Deshaun Watson of sexual harassment and assault have filed lawsuits against him instead of police reports, this Chron story offers some reasons.

The 22 women suing Deshaun Watson for allegedly sexually assaulting and harassing them have been criticized for not first taking their allegations to police.

But experts say a civil suit is often a sexual assault victim’s best shot at justice.

“In a civil case, you can expect a broader range of accountability,” said Elizabeth Boyce, general counsel and director of policy and advocacy for the Texas Association Against Sexual Assault. “You might settle before trial and that might include a public acknowledgment and apology.”

[…]

But experts said there are myriad reasons why a victim would choose to file a case in civil court instead of a criminal complaint — including compensation to pay for any emotional and medical care needed after an assault.

“Victims of sexual assault had something stolen from them,” said Noblet Davidson, founder and clinical director of enCOURAGE Trauma Center in Houston. “They need to be compensated. If you get in a car accident, you get compensated.”

The fear of being outed, for example, can deter a victim from filing a police report, Boyce said — especially when the alleged perpetrator is famous.

“Confidentiality and privacy is always at the heart of these cases,” Boyce said. “Honestly, it’s a fear of any victim of sexual assault that this is going to result in some sort of public condemnation or harassment.”

The nation has seen it play out over and over again, Boyce said.

When California professor Christine Blasey Ford testified before Congress, alleging that now-Supreme court Justice Brett Kavanaugh had sexually assaulted her in high school, she received death threats. She and her family had to move multiple times and had to pay for a private security detail.

[…]

For some victims, taking their assault to police can seem hopeless.

Not only are they retraumatized each time they have to describe their assault, Boyce said, but it can also seem as if they are not in control of the outcomes.

“In criminal cases, the state doesn’t represent the victims, they represent the state and they control every aspect of the case,” Boyce said. “And so often (the cases) are refused for prosecution for a variety of reasons — if they think they can’t win or they think there’s too much political pressure.”

The criminal investigation process also is intrusive and time-consuming, with court hearings, follow-ups with police and medical appointments, said Olivia Rivers, executive director of the Houston-area advocacy nonprofit Bridge Over Troubled Waters. Officers may show up at the victim’s house or workplace. Family and friends — who the victim may not want to tell about the assault — may be interviewed to corroborate the report.

“A sexual assault exam can take hours,” she said. “How do you explain to your family why you were at a hospital for that long? Or how do you explain to your employer why you had to miss so much work for court?”

Additionally, the burden of proof also is lower in a civil court than in a criminal prosecution. Civilly, the victims only have to show a preponderance of evidence, but in criminal cases, authorities have to prove beyond a reasonable doubt that the assault happened.

Therefore, it can easier for victims to get some form of justice in a civil court, whether it be a public apology or a monetary award for pain and suffering — especially when there isn’t enough physical evidence to criminally convict a perpetrator.

“Sexual violence … isn’t taken seriously by society,” Rivers said. “This about having their voices heard.”

Sometimes, victims might seek both criminal prosecution and civil damages.

At least one alleged victim has done exactly that, and others may follow. In the meantime, lawsuit #22 is on the books. We won’t know how successful this approach is until we have some resolutions in these cases, but the reason why the lawsuits were filed should be clear.

HPD now investigating Deshaun Watson

Someone filed a report.

Already facing a rash of civil lawsuits, Houston Texans quarterback Deshaun Watson now has been named in a criminal complaint, according to the Houston Police Department.

HPD confirmed it “is now conducting an investigation and will not comment further during the investigative process.”

The probe comes as Texans quarterback faces 21 civil lawsuits from massage therapists or wellness professionals who allege he sexually assaulted or harassed them at various points during massage sessions in 2020 or 2021.

Watson and his attorney, Rusty Hardin, have denied the claims

Hardin, who has publicly chastised Watson’s accusers for not disclosing their names in the litigation, said his team will cooperate with police.

“We welcome this long overdue development,” Hardin said of the investigation. “Now we will learn the identity of at least one accuser.”

Houston attorney Tony Buzbee, who is representing the alleged victims in the civil lawsuits, pushed back against the criticism of the alleged victims, saying they are courageous in coming forward.

“It takes great strength to do what these women are doing,” he said. “We are not only dealing with the future of a star quarterback, we are dealing with the physical health, mental health, safety, and well-being of courageous people who had the fortitude to step forward, although powerless, against the powerful.”

On Friday, Buzbee said that he was aware of the criminal complaint filed Friday morning.

“I will also confirm that other criminal complaints will follow, as previously indicated, in Houston and in other jurisdictions and with other agencies,” he said.

That’s more direct than Buzbee’s previous word salad on the topic. It seems likely we were always headed in this direction, but the story so far has proceeded in an unusual manner, so who really knows. Nothing to do but wait and see what if anything comes of this, and how many other reports get filed.

Will there be any criminal complaints filed against Deshaun Watson?

Maybe? It all depends on what Tony Buzbee means, and Lord only knows about that.

In his latest Instagram post about the sexual assault allegations against Deshaun Watson, Houston attorney Tony Buzbee said Tuesday that he plans to take evidence of the assaults to an investigating agency outside the Houston Police Department.

Buzbee has filed 19 lawsuits on behalf of women who said Watson sexually assaulted or harassed them during massage sessions in 2020 and 2021.

In Buzbee’s post, published around 9 p.m., the attorney said he was initially reluctant to provide information about the alleged crimes, citing his 2019 mayoral bid in which he called for then-Police Chief Art Acevedo’s resignation.

Acevedo recently took a job as police chief of the Miami Police Department. Buzbee, however, said he has since discovered that Watson’s attorney, Rusty Hardin, has a son “who is on of (sic) the exclusive Command Staff of HPD.”

“I am not saying in any way that Deshaun Watson’s lawyer, Mr. Hardin, has a son who has a position that would compromise HPD and its investigation,” Buzbee wrote. “I support his service, along with all Houston police officers—I think the rank and file know that. But, I am saying that me and my clients will go elsewhere to provide our evidence to investigative authorities. Stand by.”

Buzbee said his legal team has been “roundly criticized” for not filing formal complaints with the Houston Police Department. He said the team has “provided info to other organizations” but did not elaborate in the post.

What “other organizations” might those be? Who knows. I’m not going to try to interpret the musings from Tony Buzbee’s galaxy brain. He’s got a strategy and he’s clearly got evidence to back him up – see Sean Pendergast’s analysis of the five most damaging allegations against Watson for an appraisal of that – and he’s gonna do what he’s gonna do. At some point, we’ll see what the endgame that Buzbee has in mind is. In the meantime, the lawsuit count is up to 21. And as of Wednesday, we now have this.

In a concerted attempt to paint Watson in a more favorable light, Watson’s defense released statements Wednesday from 18 women who “are deeply troubled by the accusations” made against Watson and who believe the allegations are “wholly inconsistent with their experiences with him and who they believe him to be.” All 18 women who released statements Wednesday supporting Watson made their identities public.

Watson’s defense attorney Rusty Hardin said these women who have spoken out on Watson’s behalf have collectively worked with the Texans star “more than 130 times over the past five years.”

“These statements show the other side to this story that has been so lacking in the flurry of anonymous complaints filed by opposing counsel,” Hardin said. It’s the most vigorous attempt from Hardin yet to defend Watson, and comes after Hardin claimed last week that at least one of Watson’s accusers had privately attempted to blackmail the quarterback into paying her to keep quiet about what happened during their massage appointment.

Several therapists are quoted, and you can go read what they have to say if you wish. I get where this is coming from – whatever ultimately happens with the allegations and lawsuits, Watson’s reputation has taken a big hit, so some of this is an attempt to mitigate that damage – but the old-school “well, he never did anything untoward around me” defense is, at best, not on point. I would hope by now that we have internalized the idea that a person can behave differently in different contexts and around different people. It’s dangerously close to victim-blaming, and that’s a road we should want to avoid.

Another Watson lawsuit update

The count is now nineteen.

Nineteen women have now accused Texans quarterback Deshaun Watson of sexual assault after three massage therapists filed separate lawsuits Sunday night.

The latest accusations involve women who said Watson assaulted and harassed them during massage sessions at various points in 2020. Watson and his attorney, Rusty Hardin, have denied the allegations. Well-known Houston attorney Tony Buzbee, a former mayoral candidate, is representing the women.

In the latest lawsuit, Buzbee claimed Watson is deleting Instagram messages and contacting some of the women in an attempt to settle. Hardin issued a statement Monday afternoon in response to the allegation.

“Like a lot of people, Deshaun regularly deletes past Instagram messages,” Hardin said. “That said, he has not deleted any messages since March 15th, the day before the first lawsuit was filed. We categorically deny that he has reached out directly to his accusers in an attempt to settle these cases.”

“Opposing counsel’s continued statements that these cases aren’t about money do not square with the facts in at least two of these cases. It is incredibly irresponsible to continue to make these types of false allegations in this avalanche of anonymous lawsuits, particularly while we are still trying to find out who the accusers are. We will address these issues, and others raised in these cases, in our formal response to the court in the coming weeks.”

[…]

“Plaintiffs have not brought these cases for money or attention; instead Plaintiffs seek a change in behavior with regard to Watson, and a change of culture in the NFL,” the 19th lawsuit reads.

See here and here for the previous updates, and click on the story link to see a copy of the latest lawsuit. Deleting material evidence (if indeed Watson has done so) could be a problem, which I presume is why Rusty Hardin is out there denying it. I will be very interested to see what their eventual formal response looks like. Sean Pendergast has more.

The Buzbee blitz

It’s been working.

On a Tuesday night, Tony Buzbee announced on Instagram that his client was suing Texans quarterback Deshaun Watson.

With a handful of social media posts, the crackerjack trial lawyer teased more sexual assault allegations to come. By the next Tuesday, 16 women had accused the Pro Bowl player of similar forms of misconduct in 16 separate lawsuits.

Known as a bulldog in the courtroom and a grandiose presence on the local news, the former mayoral candidate retained a firm grasp of the narrative. At first only speaking through social media, he dropped each lawsuit individually, and each accusation dominated the daily news crawl.

Buzbee is known as one of Houston’s most media-savvy attorneys, and the Watson case has been no exception. He has exploited news outlets’ desire for a buzz-inducing story in order to snowball his cases through the legal system, lawyers and analysts say, coinciding with a fragile Texans sports landscape that has kept Watson front-and-center during his unsuccessful attempts to leave the team.

The reality is that Buzbee has earned his reputation by creative and strong-arm tactics to pressure civil defendants into settling, said Sean Buckley, a Houston civil and criminal defense attorney. The Watson cases are prime examples of that, he added.

“The intense and ongoing publicity surrounding the Deshaun Watson allegations appears clearly calculated to pressure Harris County District Attorney Kim Ogg into filing criminal charges against Watson,” Buckley said. “To that end, a formal investigation or prosecution of Deshaun Watson would impair Watson’s ability to defend against Buzbee’s civil lawsuits.”

I’m not going to make any jokes about Buzbee’s Mayoral campaign or his weird life choices because this is a serious topic and I don’t want to make light of the charges that have been levied against Deshaun Watson. There may be room for that when this is farther along, but not now. I’m also not going to comment any further on a story that is a mostly glowing profile of Tony Buzbee because there are no circumstances under which he needs or deserves that from me.

Meanwhile, if you’re wondering how Watson’s defense might take shape, here’s one item of interest.

Texans quarterback Deshaun Watson was the subject of a $30,000 blackmail attempt from one of the 16 massage therapists alleging sexual assault and harassment in civil litigation, according to a sworn affidavit released by his Houston-based attorney, Rusty Hardin.

Bryan Burney, the marketing manager for Watson, submitted in the affidavit that “Jane Doe” believed to be the third plaintiff out of of 16 civil lawsuits filed by Houston attorney Tony Buzbee, stated that she wanted $30,000 for her ‘indefinite silence’ regarding an alleged Dec. 28, 2020 encounter with Watson. The civil suit alleges that Watson “coerced and intimidated” her to perform oral sex on him at a Houston office building.

“I asked her what she would be silent about and whether anything had happened with Deshaun against her will,” Burney stated. “She confirmed that everything that occurred was consensual during her encounter with Deshaun. I asked Ms. Doe why Deshaun should pay for silence regarding something that was consensual — whatever it was. She said that it was a matter that both she and Deshaun would wish to keep secret and that she would need to be paid for her ‘silence.’”

Burney stated that after that conversation, he received a call from a man saying he was the alleged victim’s business manager, that the encounter would be “embarrassing” if Watson didn’t pay what was demanded.

“I told this individual that his demand to be paid for not revealing a consensual interaction between two adults was extortion,” Burney said. “He responded, “It’s not extortion, it’s blackmail. I informed this individual that Deshaun would not be paying the $30,000 requested.

You can read the rest, including the full sworn statement. The idea is that if one accusation is (arguably) false, then maybe the others are as well. We’re a long way away from the finish line in this story, so let’s just leave this here and see what else may develop. And yes, the accuser count is now up to sixteen.

Deshaun Watson lawsuit count now at 13

There may still be more.

Six additional women have filed sexual assault lawsuits against Texans quarterback Deshaun Watson.

Well-known Houston attorney Tony Buzbee, also a former mayoral candidate, has now filed 13 pieces of litigation against the Pro-Bowl football player. Most of the accusers are massage therapists who allege Watson harassed them and exposed himself during sessions.

Watson and his attorney, Rusty Hardin, have denied the allegations. Watson is simultaneously attempting to leave the Texans but remains in a standoff with the team after formally requesting a trade in January.

One of the latest lawsuits involves a licensed massage therapist who said she gave Watson a massage in Atlanta, Georgia in March 2021. Watson exposed himself and touched her with his penis, she claims in the suit.

That’s March 2021, as in this very month. The flood of lawsuits began last week, and per The Athletic Tony Buzbee has said he “planned to file at least 12 cases against Watson but had met with 10 additional women about filing similar complaints”, so we’re not done yet. And as Stephanie Stradley reminds us, the processes involved – both the judicial system (civil and criminal) and the NFL’s own investigation – will take time, longer than any of us would like it to take. So try to be patient, it’s going to be awhile before we get any outside review of these awful, horrible accusations.

UPDATE: Up to fourteen now.

The accusations against Deshaun Watson keep piling up

Damn.

Four more women have accused Texans quarterback Deshaun Watson of sexual assault.

The new lawsuits, all filed Thursday and made publicly available Friday morning, mean seven women total have alleged Watson assaulted or harassed them. All of them are massage therapists, work at spas or specialize in body conditioning and wellness. Many of them are single mothers.

Each of the allegations center around separate occasions in 2020, mostly involving Watson reaching out to the women via social media and asking for massage sessions, according to the litigation. In each suit, the women describe a situation in which Watson is almost completely in control, dictating their work and refusing to listen when he made them uncomfortable.

[…]

Watson has not commented on the claims since Tuesday, when he categorically denied disrespecting any woman and said he looked forward to clearing his name. He is being represented by Houston attorney Rusty Hardin, who has worked with other prominent Houston athletes such as former Astros pitcher Roger Clemens.

His agent, David Mulugheta, commented about the cases Friday on Twitter.

“Sexual assault is real. Victims should be heard, offenders prosecuted,” he said. “Individuals fabricate stories in pursuit of financial gain often. Their victims should be heard, and those offenders also prosecuted. I simply hope we keep this same energy with the truth.”

All of the women’s suits have been brought by Tony Buzbee, another well-known attorney and a former mayoral candidate.

See here for the background. As before, the story contains graphic details that I’d rather not reproduce here – go read the story for the rest, but be prepared, it’s quite ugly. There are more lawsuits coming, too. I don’t know what to think right now. The allegations are horrible, but Watson does have the right and the opportunity to address them and defend himself. Maybe one or more of these cases will end up with a verdict or a settlement, and maybe none of them will. At some point, we all have to make up our minds. I would much rather live in a world where none of this happened, but I don’t get to make that choice. The Press has more.

Lawsuit filed against Deshaun Watson

This is super ugly.

A licensed massage therapist has accused Texans quarterback Deshaun Watson of sexual assault.

Prominent lawyer Tony Buzbee, a former Houston mayoral candidate, filed the lawsuit late Tuesday. He first shared brief information in a post on Instagram, saying the litigation was “about dignity and stopping behavior that should be stopped.”

The massage therapist, identified as Jane Doe, said she had never met Watson before or dealt with any members of the Texans organization. She received a direct message from the Pro Bowl quarterback on Instagram on March 28, 2020, she said.

[…]

Watson responded to the claims, in which the masseuse alleges Watson touched her inappropriately during a massage session at her home in March 2020.

“As a result of a social media post by a publicity-seeking plaintiff’s lawyer, I recently became aware of a lawsuit that has apparently been filed against me,” Watson said in his response. “I have not yet seen the complaint, but I know this: I have never treated any woman with anything other than the utmost respect. The plaintiff’s lawyer claims that this isn’t about money, but before filing suit he made a baseless six-figure settlement demand, which I quickly rejected.”

The statement went on to say that “this isn’t about money for me — it’s about clearing my name, and I look forward to doing that.”

Prominent Houston defense attorney Rusty Hardin is representing Watson in the lawsuit, he confirmed. Hardin, who has represented other athletes such as Roger Clemens, was not available for comment Wednesday.

The Texans on Wednesday morning issued a separate statement addressing the allegations.

“We became aware of a civil lawsuit involving Deshaun Watson through a social media post last night,” the statement reads. “This is the first time we heard of the matter, and we hope to learn more soon. We take accusations of this nature that involve anyone within the Houston Texans organization seriously. We will await further information before making any additional statements on this incident.”

An NFL spokesman said “We are aware of the suit, but will decline further comment at this time.”

I skipped the details, in which the massage therapist alleges that she was sexually assaulted by Watson. You can read it in the story and in the lawsuit, which is embedded in the story. Watson’s statement is here. There are some claims about Instagram DMs and text messages that should be objectively verifiable. Beyond that, we’ll have to see what happens. Sean Pendergast has more.

UPDATE: Now there are two accusers. This is getting worse.

MLB deadens its balls

Wait, that sounds wrong.

Major League Baseball has slightly deadened its baseballs amid a years-long surge in home runs, a source confirmed to The Associated Press on Monday.

MLB anticipates the changes will be subtle, and a memo to teams last week cites an independent lab that found the new balls will fly 1 to 2 feet shorter on balls hit over 375 feet. Five more teams also plan to add humidors to their stadiums, meaning 10 of MLB’s 30 stadiums are expected to be equipped with humidity-controlled storage spaces.

A person familiar with the note spoke to The Associated Press on condition of anonymity Monday because the memo, sent by MLB executive vice president of baseball operations Morgan Sword, was sent privately. The Athletic first reported the contents of the memo.

The makeup of official Rawlings baseballs used in MLB games has come under scrutiny in recent years. A record 6,776 homers were hit during the 2019 regular season, and the rate of home runs fell only slightly during the pandemic-shortened 2020 season — from 6.6% of plate appearances resulting in homers in 2019 to 6.5% last year.

[…]

The league mandates all baseballs have a coefficient of restitution (COR) — essentially, a measure of the ball’s bounciness — ranging from .530 to .570, but in recent years the average COR had trended upward within the specification range.

In an effort to better center the ball, Rawlings has loosened the tension on the first of three wool windings within the ball. Its research estimates the adjustment will bring the COR down .01 to .02 and will also lessen the ball’s weight by 2.8 grams without changing its size. The league does not anticipate the change in weight will affect pitcher velocities.

The memo did not address the drag of the baseball, which remains a more difficult issue to control.

If you’ve been paying attention to this, you know that the composition of the ball, which was extremely bouncy in 2019 then all of a sudden much less so in the playoffs, has been a mystery and a controversy in recent years. For an in-depth examination, give a listen to this episode of Effectively Wild, where guest Meredith Wills, a PhD astrophysicist, discusses her experiments in literally taking balls from different years apart to figure out what the factors in its changes over time were. MLB says the “deadening” this year should have a relatively small effect, but who knows what that will mean in practice.

MLB has also released its health and safety protocols for the season.

Major League Baseball (MLB) today announced an agreement with the Major League Baseball Players Association (MLBPA) on an enhanced set of health and safety protocols for the 2021 season that adopts current best practices in addition to those in place during the successful 2020 season and reflects the recommendations of the parties’ consulting medical experts and infectious disease specialists. The enhanced 2021 Operations Manual will apply during Spring Training, the Championship Season and the Postseason, and also includes a one-year continuation of seven-inning doubleheaders and the modified extra innings rule during the 2020 championship season. Spring Training presented by Camping World begins on Wednesday, February 17th.

“We were able to complete a successful and memorable 2020 season due to the efforts and sacrifices made by our players, Club staff and MLB employees to protect one another. The 2021 season will require a redoubling of those efforts as we play a full schedule with increased travel under a non-regionalized format,” MLB said. “We have built on last year’s productive collaboration between MLB and the Players Association by developing an enhanced safety plan with the consultation of medical experts, infectious disease specialists, and experts from other leagues. We all know the commitment it will take from each of us to keep everyone safe as we get back to playing baseball, and these enhanced protocols will help us do it together.”

Read on for the full list. The actual HSE stuff seems to be modeled after what the NFL did. From a game perspective, there will be the 7-inning doubleheaders and the runner on second to start extra innings, but no National League DH or expanded playoffs, as those were items the MLBPA preferred to defer to the collective bargaining agreement. Here’s hoping MLB can make it through the season as successfully as they did last year.

The Sports Betting Alliance

Keep an eye on this.

A new alliance of major Texas sports teams has announced they will be backing legislation to allow for sports betting in Texas.

The Dallas Cowboys, the Texas Rangers, and the Dallas Mavericks are among the first members of the Sports Betting Alliance, with more teams expected to announce their association with the group according to the Dallas Morning News.

While 25 states have legalized sports betting some of the largest, including California, Florida, and the lone star state have not yet legalized the industry that could bring in billions nationally.

The announcement of the Sports Betting Alliance comes after the late Sheldon Adelson’s group, Las Vegas Sands, expanded their lobbying effort to legalize gaming in Texas.

The Las Vegas Sands lobbying effort appears to want to work in tandem with the sports betting alliance to make the biggest push to legalize both sports betting and gambling in Texas in recent memory.

That DMN story is paywalled, so the synopses of it here and here are the best I can do at this time. There are quotes from Mavericks owner Mark Cuban and lobbyist Andy Abboud, who is also busy with the push for casinos. The major sports leagues were endorsing federal legislation to allow wagering on their games a few years ago, and a SCOTUS decision in 2018 opened the door for states to get in on the act, though states like Texas would have to change their own laws first. Which is where we are now, and though the economic outlook is better than it was a few months ago, the pressure to expand gambling is increasing, at least if you think of it in terms of the financial interests that are pursuing it. The Lege has remained steadfast, including in some really hard times, and until Dan Patrick says he’s for it, I’m betting the under.

And just a few hours after I typed that, I saw this.

While other states race to legalize sports betting, don’t count on Texas to follow suit.

Lt. Gov. Dan Patrick told a radio host in Lubbock on Tuesday that he just doesn’t see support for the idea in the Texas Senate, which he presides over, or among Republican voters.

“It’s not even an issue that’s going to see the light of day this session,” Patrick told Chad Hasty on KFYO in Lubbock.

Patrick said he personally has never been in favor of expanding legal gaming, but beyond that, there are not enough members of the Texas Senate in favor of it — which makes the issue a waste of time.

“We are nowhere close to having the votes for it,” Patrick said.

OK then. You can still expect more sports teams to get on this bandwagon and make a lot of noise about it, and who knows, maybe they will be able to wrangle a few more votes. But adjust your expectations accordingly. The Sports Betting Alliance US and Sports Betting Alliance TX each have Twitter feeds to follow, though they are currently vacant, if you’re interested in that sort of thing.

Vaccines at the stadia

Good. Everyone has a role to play in getting us all vaccinated.

The NFL is telling the federal government it will make the remaining of the league’s 30 stadiums available as COVID-19 vaccination sites, joining the seven facilities already administering the vaccine.

In a letter to President Joe Biden obtained by The Associated Press on Friday, NFL Commissioner Roger Goodell said many of the stadiums should be able to get vaccination efforts moving quickly because of previous offers to use stadiums as virus testing centers and election sites.

The seven clubs already using their stadiums as vaccine sites are Arizona, Atlanta, Baltimore, Carolina, Houston, Miami and New England.

“We look forward to further discussion with your administration as well as your partners in state and local governments to advance this effort,” Goodell wrote to Biden in a letter dated Thursday.

Goodell said the offer on vaccination sites was made in conjunction with the NFL inviting 7,500 vaccinated health care workers to attend the Super Bowl for free Sunday. Kansas City is playing Tampa Bay in the Buccaneers’ home stadium.

If we can get supply ramped up enough, we should be in a better position to actually get the shots into people’s arms. Every little bit helps.

No fans (at first) for the Texans

You’ll have to watch the Texans’ home opener on your teevee.

Fans will not be allowed to attend the Texans’ home opener against Baltimore because of the coronavirus pandemic.

The Texans play the Ravens on Sept. 20 at NRG Stadium after beginning the season Sept. 10 in a nationally televised game against the defending Super Bowl-champion Kansas City Chiefs at Arrowhead Stadium.

The Texans will continue to monitor the COVID-19 situation and rely on recommendations from team and NFL medical experts before they decide on fans being able to attend the second home game on Oct. 4 against Minnesota.

They’ll make a decision about Game 2 later.

Team president Jamey Rootes said they will wait before making a decision on the second home game Oct. 4 against Minnesota.

“That’s a tough decision,” Bill O’Brien said Saturday in a Zoom conference call. “I know Cal (McNair) and Jamey came to that decision because it’s in the best interests of the health and safety of our fans and where we are right now with this virus.”

The Texans have sold out every home game in team history. O’Brien talks often about the fans who give them a home-field advantage.

“It’s tough,” he said. “You think back to the Buffalo (playoff) game last year, the crowd was such a big part of that win for us. And many, many other games since I’ve been here that they’re really willed us to win. We won’t see them in September, but (we hope) to see them soon.”

The Texans developed a plan months ago for a limited number of fans to attend games. Based on Friday’s decision, the first time they’ll have a chance to implement that plan will be against the Vikings.

Well, they can always pipe in crowd noise and add cardboard cutout fans, if they want. For those of you who just have to see a game live, there’s always road games, if you can’t wait that long.

When the Texans open the regular season against the Kansas City Chiefs, the defending Super Bowl champions plan to have fans in the stands at Arrowhead Stadium.

The Chiefs announced Monday that they plan to have a reduced capacity of 22 percent to start the season.

[…]

The Chiefs said they made their plans in consultation with the NFL, medical professionals and local government officials.

The Chiefs said they have implemented enhanced cleaning and sanitation procedures, including social distancing, hand sanitization stations, cashless pay for transactions and mask requirements except when actively eating and drinking. The Chiefs ask fans to bring their own masks upon entering Arrowhead Stadium, but will provide commemorative masks to all fans attending the first three home games.

Who could turn down that opportunity?

Fauci and football

I hate to rain on your tailgate, but…

The NFL is planning to begin its season on time, but Dr. Anthony Fauci pulled the reins on that optimistic view Wednesday.

“Unless players are essentially in a bubble – insulated from the community and they are tested nearly every day – it would be very hard to see how football is able to be played this fall,” the director of the National Institute of Allergy and Infectious Diseases said on CNN. “If there is a second wave, which is certainly a possibility and which would be complicated by the predictable flu season, football may not happen this year.”

The NBA and MLS are planning to resume their seasons in July with players in a bubble. So far, the NFL hasn’t publicly discussed that option. A bubble also seems particularly untenable for college football teams on school campuses.

“Dr. Fauci has identified the important health and safety issues we and the NFL Players Association, together with our joint medical advisors, are addressing to mitigate the health risk to players, coaches, and other essential personnel,” the NFL’s chief medical offers Dr. Allen Sills told ESPN on Thursday. “We are developing a comprehensive and rapid-result testing program and rigorous protocols that call for a shared responsibility from everyone inside our football ecosystem. This is based on the collective guidance of public health officials, including the White House task force, the CDC, infectious disease experts, and other sports leagues.

“Make no mistake, this is no easy task. We will make adjustments as necessary to meet the public health environment as we prepare to play the 2020 season as scheduled with increased protocols and safety measures for all players, personnel, and attendees. We will be flexible and adaptable in this environment to adjust to the virus as needed.”

The NFL has maintained that training camps will start in late July and its regular season will begin as scheduled with the Texans playing at Kansas City on Sept. 10.

Don’t anyone tell Greg Abbott or Ross Bjork about this. That story appeared a day before we got stories about MLB and NHL teams closing their training facilities following positive COVID-19 tests. We’ve already seen other stories about NFL and NCAA teams doing the same. It’s more than fair to ask if teams can even keep their own people safe, let alone their customers. I’m as ready as anyone to see my favorite sports leagues and teams again. I just want it to be done safely, and right now the evidence that can be done at this time is not abundant.

What kind of college football season will there be?

News item: Governor says to expect half-full stadiums for college football.

Texas Gov. Greg Abbott told athletic directors from the state’s largest schools to expect 50 percent capacity at football games this fall, USA Today reported, but Texas A&M athletic director Ross Bjork is remaining optimistic.

With more than 80 days to Texas A&M’s first scheduled game against Abilene Christian at Kyle Field, Bjork said this is no time for absolutes when determining college attendance in the late summer and fall, based on the global pandemic.

“As of today, we still have time on our side,” Bjork said Saturday. “And we will not make decisions based on incomplete information.”

USA Today reported that Abbott met with the dozen athletic directors from the state’s Football Bowl Subdivision programs via teleconference Friday, and “told them not to expect capacity at their stadiums to be above 50 percent this fall.”

“The governor was very gracious with his time and provided us with insights into the current situation,” Bjork responded Saturday. “It’s disappointing that information from the meeting leaked since the discussion was meant to be confidential, and I will not disclose the details of the conversation and violate Gov. Abbott’s trust.”

Bjork, hired by A&M a year ago from the same position at Mississippi, added: “As we’ve learned throughout this unprecedented situation, everything remains fluid, and there are a number of scenarios for attending upcoming pro and college sporting events.”

Bjork has expressed confidence this month that Kyle Field might be near its capacity of more than 100,000 as the fall schedule presses on. The Aggies are scheduled to host ACU on Sept. 5 in coach Jimbo Fisher’s third season.

Emphasis mine, and the Chron has a separate story expanding on Bjork’s rather optimistic hypothesis. Abbott had previously stated that he expected college football to be played, though he didn’t specify at what capacity the stadia might be. I will remind you that at this point, all of the professional sports leagues, from the ones that are now playing to those that are still planning their comebacks, are playing in empty arenas. It’s impossible for me to square that with the likes of Kyle Field at full capacity. They can’t both be right.

And on that note, we have this:

The University of Houston abruptly halted voluntary workouts Friday after six student-athletes tested positive for COVID-19.

In a release, UH said it was suspending workouts – which began June 1 with football and men’s and women’s basketball – “out of an abundance of caution.” The school said the six symptomatic student-athletes had been placed in isolation and contract tracing procedures have been initiated.

The announcement comes nearly two weeks since voluntary workouts began and as the Houston area has seen a recent surge in positive tests for COVID-19.

UH becomes the first school to suspend athletic activities since the NCAA cleared the return of student-athletes back to campus following a nearly three-month shutdown due to the coronavirus pandemic.

UH only tested student-athletes that showed symptoms or came from areas that had a high number of positive cases, a person with knowledge of the protocol told the Houston Chronicle earlier this week. Athletic officials have declined comment.

In other words, there are others they didn’t test that might possibly be positive as well. The story lists fourteen other schools that have reported athletes with positive COVID-19 tests, including three in the SEC. It is very likely that all of these athletes will recover fully – I certainly hope they all do – and now that they have been tested they can be quarantined so as not to pass the virus on to anyone else. UH is the only school in this story that actually stopped its voluntary workouts as a result of this, which is a whole ‘nother kettle of fish. My point here is that whatever the likes of Greg Abbott and Ross Bjork may say or do, they ultimately have very little control over this virus. And as I keep saying, they don’t seem to have much of a plan for it, either.

UPDATE: Welp.

Several Texans and Cowboys players have tested positive for COVID-19, including Dallas star running back Ezekiel Elliott, according to the NFL Network.

The players who tested positive reportedly weren’t in attendance at their team facilities, which have remained closed due to NFL restrictions limiting their use only to rehabilitating injured players during this global pandemic. Both teams have followed medical protocols.

[…]

NFL teams, including the Texans, have taken steps to ensure the safety of players, coaches and staff. The Texans created a new position, hiring a facility hygiene coordinator earlier this offseason. The Texans are believed to be the first professional sports team to add this type of specialized position.

The intention is to minimize the risk factor of getting or spreading COVID-19 and supervise the custodial staff, which is provided by Aramark.

I know, that’s NFL, not NCAA. My point is, it’s not just a question of whether or not it’s safe to have fans in the stands. There’s still the little matter of whether it’s actually safe to have the players practice and play together.

RIP, AAF

Maybe it’s only mostly dead, but it looks pretty dead.

After eight weeks of games and less than one season into Alliance of American Football’s existence, league owner Tom Dundon has decided to suspend all operations, league co-founder Bill Polian confirmed to ESPN’s Chris Mortensen on Tuesday.

“I am extremely disappointed to learn Tom Dundon has decided to suspend all football operations of the Alliance of American Football,” Polian said in a statement Tuesday. “When Mr. Dundon took over, it was the belief of my co-founder, Charlie Ebersol, and myself that we would finish the season, pay our creditors, and make the necessary adjustments to move forward in a manner that made economic sense for all.

“The momentum generated by our players, coaches and football staff had us well positioned for future success. Regrettably, we will not have that opportunity.”

[…]

Players are being forced to pay for their own travel back home, a source told ESPN, confirming an SI.com report.

Despite a litany of issues, ratings had remained fairly consistent for the league, with between 400,000 and 500,000 viewers often tuning in for games, according to ratings reports. And the league got a bump in attention after Johnny Manziel signed last month and was allocated to Memphis.

Manziel offered some advice to AAF players on Twitter with Tuesday’s news.

The league signed all players to three-year, non-guaranteed contracts worth $70,000 in the first year, $80,000 in the second year and $100,000 in the third year. The hope, Polian said, was that the league would send players to the NFL.

In his statement Tuesday, Polian said he’ll do “all I can” to help the league’s players achieve that.

“My thanks go out to all who made our football product so competitive and professional,” Polian said. “I am certain there are many among them destined for future success in the NFL and I look forward to doing all I can to help them in their quest.”

Ebersol told ESPN in January that they had structured the league around a “sober business plan” because he believed he had learned lessons from his father, Dick Ebersol, who helped run the first version of the XFL.

Problems, however, popped up surrounding the nascent league that was trying to be a complement to the NFL.

See here for the background. The AAF had its challenges, but I thought they’d at least finish the season. Who knows, maybe they could have gotten an infusion of cash afterwards, and been able to keep going. I feel bad for the players, who of course will get screwed out of their last paychecks and stuck with hotel, travel, and healthcare expenses, and at a much lower level for the fans in San Antonio, the eternal bridesmaids of pro football fandom. Anyone wanna lay odds on how long the rebooted XFL will last?

Will the AAF be one and done?

Could be.

The first-year Alliance of American Football’s inability to secure cooperation from the NFL Players’ Association to use young players from NFL rosters has put the AAF in danger of folding, Tom Dundon, the league’s majority owner, told USA TODAY Sports on Wednesday.

“If the players union is not going to give us young players, we can’t be a development league,” said Dundon, who in February committed to invest $250 million into the league. “We are looking at our options, one of which is discontinuing the league.”

The NFLPA had no official response to the accusations that their lack of cooperation is prompting the AAF to fold.

However, a players’ union official did express serious concerns about the risks of lending active NFL players to the AAF. The official requested anonymity because of the sensitive nature of the issue.

The person said the players’ union is founded on the belief that using active NFL players and practice squad members for the AAF would violate the terms of the CBA and the restrictions that prevent teams from holding mandatory workouts and practices throughout the offseason. The limitations set in place are designed to ensure the safety and adequate rest and recovery time for football players. But there’s a concern that teams would abuse their power and pehaps force young players into AAF action as a condition for consideration for NFL roster spots in the fall.

The additional concern on the NFLPA’s part is that if an NFL player played in the AAF and suffered serious injury, that player would face the risk of missing an NFL season and lose a year of accrued experience, which carries financial ramifications for players.

Sorry, San Antonio. As For The Win notes, if the plan was to depend on NFL players to supplement the league, that plan was never going to work. The NFL might have an interest in having a feeder league available to it, but given the health risks of football, it’s not at all clear why any players that have a legitimate shot at playing in the NFL would go for that. What you’re left with is a bunch of lower-level players plus the occasional Johnny Manziell, and that adds up to a league that not many people have paid any attention to since their opening weekend. Even with better players available, you’ve got March Madness, the NBA and NHL gearing up for their post-seasons, and now MLB is back. That’s a lot of competition for a fledgling league. I figure as long as they have some TV money they can probably continue, but I don’t see much hope for their long term future.

RIP, Bob McNair

The Houston Texans owner has passed away.

The death of Texans owner and founder Bob McNair rocked the NFL, the city of Houston and his players and coaches Friday, sparking rich remembrances of his life and legacy.

McNair was 81 years old and had battled skin cancer for years. He had been in poor health for several months.

McNair leaves behind a first-place AFC South franchise that had been entrusted by him to stable leadership provided by his son, chief operating officer Cal McNair, coach Bill O’Brien, general manager Brian Gaine and longtime team president Jamey Rootes.

From his instrumental role in returning the NFL to Houston after the departure of the Oilers to Tennessee to his philanthropic contributions and warm, approachable personality, McNair was recalled fondly upon his death.

McNair is a seminal figure in Houston sports for bringing the NFL back to Houston. It’s not often mentioned these days, but at the time everyone assumed Los Angeles was going to get the expansion franchise that eventually became the Texans. He’ll be long remembered in Houston for that, and for his longtime civic and charitable participation. He also had a long history in Republican and conservative politics, none of which was mentioned in this story. That’s a topic for another time. For now, my condolences to the McNair family.

Babygate, 25 years later

Boy, I remember this.

Remember Babygate?

Scot Cooper Williams came into this world Oct. 16, 1993 and was the center of a firestorm 24 hours later. His father David, an offensive tackle for the Houston Oilers, had missed the team’s game in New England to be with his wife when he was born.

The coaches were livid. Some of his teammates were upset and angry. A combination of timing of Scot’s birth, fog in New England and David not being able to catch the last flight out of Houston that Saturday night forced David to make a decision that cost him a $111,000 fine.

The story went viral – 1990s style. National headlines. Network television. Talk shows around the country. Everybody had an opinion, especially when the macho culture of pro football collided with changing times around the country (the Family and Medical Leave Act had passed in February 1993).

“It took me a while,” David said of the media frenzy, “to get over it.”

This week marks the 25th anniversary of Babygate and the men in the center of that moment can chuckle a little about it now.

[…]

A quarter of a century ago, then-27-year-old David, who wasn’t one to miss a game for any reason, just wanted to be with his wife when she delivered. Debi had suffered a miscarriage the year before after a tubal pregnancy and he wasn’t leaving her side. They had planned to have a C-section the Monday after the game, but Scot had a mind of his own and Debi went into labor at 4 a.m. Saturday, and David missed the team charter.

David figured Scot would be born, mom and baby would get checked out and he’d have time to catch the last flight to Boston on Saturday night.

But that didn’t happen.

While Debi was in labor, David was on the delivery room phone with coaches and team officials. Time was running out to catch that last flight and the conversation wasn’t pretty.

“It was hard on her at the time … She could hear them screaming over the phone at me,” David said. “Finally the doctor just yanked the phone plug, took the phone off the wall and said ‘We’re not taking any more calls.’ ”

Scot didn’t arrive until almost 6:25 p.m. and, by then, it was too late for Williams to catch the 6:54 p.m. flight from either airport.

“Even if I had left the second after he was born, I still never would have made that plane,” he said. “It was nerve-wracking for me. I’d never been through anything like that. It was tough.”

He said teammates Mike Munchak and Bruce Matthews tried to arrange a private plane through a third party, but when David left the hospital around 11:30 p.m., he hadn’t heard back.

“I had been up with Deb since 4 o’clock that morning and going through that emotional roller coaster of getting screamed at and yelled at by coaches and general manager as I’m in the delivery room,” he said. “My wife’s giving birth and I’m getting screamed at. Man, it isn’t supposed to feel like this.”

David went home, showered and was sound asleep when the person called back. The voice on the other end of the phone said there were no guarantees he would get to the stadium in time. The pilot might be able to get him into one of the New York airports, but then he would have to drive to Foxborough, Mass.

“They were diverting planes everywhere,” David said. “At that point, I said, if he can’t fly me to Boston, just tell him to forget it. I made that decision on my own. I was absolutely exhausted.”

He paused.

“I was just (thinking), ‘Oh my gosh, I’m going to be fired.’ I knew it. I just knew I was going to be without a job the next day. It was crazy, but that was the decision I made.”

Read the whole thing, and marvel at it whether it’s the first you’ve ever heard of this or it takes you down memory lane, as it did with me. Sure seems hard to believe, here in 2018, that a father-to-be missing work to be at the birth of a child would even raise an eyebrow, but it did a lot more than that in 1993. However far we still have to go, we really have come a long way. All the best to the Williams family, for their unwitting role as trailblazers.

Texans’ cheer coach quits

Of interest.

Altovise Gary, the longtime director of the Houston Texans cheerleaders squad who was named as a defendant in one of two recent federal court lawsuits filed against the team, has resigned, a team spokeswoman said Tuesday.

Gary resigned on her own accord, citing what team spokeswoman Amy Palcic described as personal reasons. The team had no additional comment on her departure.

[…]

Gary was named as a defendant in a case filed in May by a former cheerleader who accused her of body-shaming and failing to act on complaints that cheerleaders were physically assaulted by fans. She was not named as a defendant in a second suit filed days later by five former cheerleaders against the team.

Both suits were dismissed and the former cheerleaders’ complaints submitted to arbitration, as required by their contracts with the team.

Houston attorney Bruse Loyd, who filed the first lawsuit that included Gary as a defendant, said he would have no comment on Gary’s resignation.

Houston attorney Kimberley Spurlock, who along with noted women’s rights attorney Gloria Allred filed the second lawsuit, said in a statement: “We believe that our lawsuit and the voices of our brave clients have made an important impact on the Houston Texans. As a result of their courage, there appears to be an important change taking place in the staff.

“However, until there is justice for the cheerleaders by paying them fairly and compensating them by paying them the wages that they are due, we will continue our fight to win them the respect and dignity to which they are entitled and which is long overdue.”

See here, here, and here for the background. I don’t have much to add to this, I will just reiterate my positions that 1) harassment and abuse of any kind should not be tolerated, and 2) it’s a travesty that the multi-billion dollar business that is the NFL refuses to pay its cheerleaders a wage the reflects their worth. Not sure what else there is to say.

Texans cheerleader lawsuit update

Couple points of interest here.

A former Texans cheerleader who says cheer director Alto Gary derided her as “skinny fat” and applied duct tape to her stomach before a 2017 game added her name Friday to one of two lawsuits filed against the team over payment and workplace issues.

Angelina Rosa, a two-year member of the cheerleading squad who said she also was a dancer for the Chicago Bulls and a member of the Astros’ Shooting Stars group, is the 10th cheerleader to join one of two suits filed against the team in Houston federal court.

Rosa is the sixth former cheerleader to sign on as a plaintiff in a lawsuit filed by women’s rights attorney Gloria Allred and Houston attorney Kimberly Spurlock. Four have joined a suit filed by Houston attorney Bruse Loyd seeking class action status.

While descriptions of the duct-taping incident were included in both lawsuits, Friday was the first time that Rosa was identified as the affected cheerleader.

[…]

Both lawsuits accuse the Texans of failing to pay minimum wage and overtime for hours spent on the job, and both allege other workplace violations.

The Texans have denied the allegations and have filed motions seeking their dismissal. If the cases are not dismissed, the Texans want them delayed while allegations are submitted to arbitration before NFL commissioner Roger Goodell.

Since the lawsuits were filed, several former cheerleaders have told local news outlets, including the Chronicle, that they were not subjected to the abuses described by their fellow former cheerleaders.

I had noted before that the Texans had filed for dismissal of one of the lawsuits, and I had wondered about the other one. Now I know. As far as the denial by some other cheerleaders about the allegations made in these lawsuits, that’s of interest and would surely be a key pillar of the defense if this ever makes it to a courtroom, but the presence of some cheerleaders – even many cheerleaders – who say they were not abused or harassed does not have any bearing on the testimony of those who say they were. One can be both credibly accused of bad behavior, and also credibly defended by others who say “that never happened to me”. The defense against harassment by some other members of the Texans’ cheerleading squad also doesn’t address the claims of wage theft. We are still a very long way from a resolution here.

San Antonio to get pro football team

Not the NFL or the XFL but the AAF.

“After talking to [league co-founder and CEO] Charlie Ebersol, I knew the Alliance of American Football was right for San Antonio, and that San Antonio was right for the Alliance,” said Mayor Ron Nirenberg, who participated in talks with the league prior to the announcement.

The AAF was unveiled in March as a complement to the NFL with its season kicking off in early February next year six days after the Super Bowl and finishing in April with a championship around the time of the NFL draft. It aims to put a quality product on the field made up of former college players and pros trying to make it back to the NFL and coached by names fans will recognize.

League officials, including Ebersol, a television and film producer, will be in town Thursday to announce the local general manager and head coach. San Antonio was the eighth and final city to be unveiled as a charter member of the new league joining Atlanta; Birmingham, Alabama; Memphis, Tennessee; Orlando, Florida; Phoenix; Salt Lake Cit; and San Diego.

Coaches such as Steve Spurrier in Orlando, Mike Singletary in Memphis, Rick Neuheisel in Phoenix, and Mike Martz in San Diego give the league credibility. Add to that a television contract with CBS and the league already appears to be on more stable footing than other professional football league startups of the past.

“Spring football forever has been thought of as a money grab,” Ebersol said during a Facebook Live event after announcing the league in March. “It has been thought of as somebody just going in and building a business very quickly and making money right out of the gate because people love football.

“But what we tried to build here was something bigger. We tried to put together a team, an alliance of people that were committed to what we could do if we actually started from scratch with a professional sports league.”

The AAF is funded by private investors but there are no individual owners for each team. It is what the league’s name suggests – an alliance aimed at building a strong product in each city.

[…]

The AAF founders have been working for more than a year to identify the cities in which they wanted to place the first eight teams. They also have been laying the groundwork for the league in talking with potential coaches, general managers, and considering ways in which they might want to make their brand of football different from the NFL.

Some of those differences will include no kickoffs, no extra points, no television timeouts, and a 30-second play clock instead of the 40-second clock in the NFL. The differences are rooted in player safety and shortening the length of games.

The San Antonio franchise will play its games at the Alamodome. The AAF was mentioned in that recent XFL story I blogged about, which was the first I had heard of it. Sounds like they have some interesting ideas, with this league maybe kind of serving the same function as the NBA G League does for that sport. The recent record of non-NFL pro football leagues is not great, but this one has a pretty good pedigree, so we’ll see. (Then again, so did the WLAF.) And since you’re wondering, yes, Charlie Ebersole is Dick Ebersole’s son.

Texans move to dismiss one cheerleader lawsuit

Standard stuff, I presume.

Attorneys for the Houston Texans have asked a federal judge to dismiss a lawsuit filed against the team by five former cheerleaders or to delay proceedings while the former cheerleaders’ complaints are submitted to arbitration.

Team attorneys, in a motion filed with U.S. District Judge David Hitner, cite several flaws in what they describe as a “frivolous” lawsuit filed by former cheerleaders Hannah Turnbow, Ainsley Parish, Morgan Wiederhold, Ashley Rodriguez and Kelly Neuner.

The suit is one of two filed last month by former Texans cheerleaders, complaining of wage violations, breach of contract, negligence and other issues.

Among the lawsuit’s flaws, the Texans say, is that former cheerleaders acted improperly by filing legal action despite signing contracts that require mandatory arbitration for disputes. If the suit is not dismissed, the team says, it at least should be stayed pending arbitration.

[…]

The former cheerleaders also “want to rewrite history,” the team says, by complaining about their treatment after several posted complimentary messages on social media about their association with the team.

“Above all, the plaintiffs want to ignore the law, which dictates that their claims fail, whether in arbitration … or in this court,” lawyers add.

The standard cheerleader contract includes a clause in which both sides agree that the NFL commissioner will preside over binding arbitration to settle any disputes. The commissioner also has authority to refer the dispute to an outside arbitrator.

In a separate filing, attorneys for the team say that Neuner’s complaint against the team because she has not been a cheerleader since the summer of 2011 and that that her complaints fall outside the statute of limitations, which range from 300 days to four years, along with being “factually invalid.”

See here for the background. I’m not aware of any action with the other lawsuit, but my guess is that the team will have a similar response. For sure, the cheerleaders will want to keep this in a courtroom and away from an arbitrator. That’s all I’ve got, so we’ll see what happens.

More on the Texans’ cheerleader lawsuit

Here’s a story in Vanity Fair about the second lawsuit filed against the Houston Texans by a group of former cheerleaders, who allege wage theft and harassment, among other things. The tale is from the perspective of plaintiff Gabriella Davis, and much of it focuses on the lousy treatment she and her fellow cheerleaders got from the team and specifically its longtime cheerleading director, Altovise Gary. I encourage you to read all that, but I want to highlight the matters relating to money:

Davis said the cheerleaders were frequently reminded that they were replaceable: “We were told, ‘There’s another girl who will do it for free,’” she said.

But they practically did that themselves.

According to both Davis and a copy of the 2017-2018 Texans cheerleader contract, cheerleaders were making $7.25 per hour, the state’s minimum wage, or approximately $1,500 per season. The employment agreement stipulates that the cheerleaders are hired as part-time employees (by day, some were college students, lawyers, or worked in P.R.). But Davis, as well as her former teammates who are suing the Texans, argued that Gary warned them upfront that they would be “part-time employees with full-time hours.” Their time commitment included games, practices, and a required 50 team-sponsored promotional appearances during the season. The cheerleaders said they were not paid overtime for hours of work outside of cheering, including selling calendars and meeting fans after games, plus daily social-media requirements, which included tweeting from the official cheerleader handle and following hundreds of people on Twitter in order to boost the account’s following.

See here and here for the background. The “we can replace you with someone who’d do this for free” attitude is pervasive, and is right there in the comments on the Chron story about the more recent lawsuit. You want to talk about “economic anxiety”, I’m here to say there would be a whole lot less of it if people didn’t internalize that message. I have a hard time understanding why anyone would side with the multi-billion dollar entity that could easily afford to pay these women a salary that’s actually commensurate with the work they do and the value they add. I’m rooting for the courts to see it the same way, but ultimately what we need is better legislation to improve working life for all of us. Here are statements from the plaintiffs and a statement from the Texans on this case. I’m sure we have not seen the last of these in the league.

Second group of cheerleaders sues the Texans

Different group, same basic complaints.

Hannah Turnbow spent the 2017 NFL season wearing a bright smile and a Texans cheerleaders uniform, dancing on the field, waving pompons on the sideline, meeting fans in NRG Stadium suites and concourses and attending team-related functions as a Texans brand ambassador.

Friday, however, Turnbow was reduced briefly to tears as she described how she and four other former cheerleaders were underpaid, browbeaten, threatened and, in her case, attacked by a fan and told by team officials to “suck it up” when she complained.

Turnbow, who spent one season as a Texans cheerleader, is the lead plaintiff in the second lawsuit in two weeks that accuses the team of violating federal labor laws and minimum-wage regulations.

The suit was filed in Houston federal court by Houston attorney Kimberly Spurlock and by noted women’s rights attorney Gloria Allred, who said she plans to deliver a letter stating the cheerleaders’ case Monday to the office of NFL commissioner Roger Goodell in New York.

“We’re not arguing with the concept of whether there should be cheerleaders or not,” Allred said. “But we are asserting that if there are cheerleaders, they should not be exploited in their wages or in any of the terms of their working conditions.”

[…]

Dallas has long been the center of NFL cheerleader culture, since the Cowboys in the early 1970s adopted the dance team format that the Texans and other NFL teams use, and Androvett said the Cowboys would be a lesser product without the allure and marketing attraction that cheerleaders have provided for more than 40 years.

“Football fans have wives and daughters. Women are big consumers. They are a force to be reckoned with,” Androvett said. “Why wouldn’t you reach out to women and say if there’s a wrong, let’s right it. You can do that in a way that doesn’t incur legal liability.”

By not dealing with complaints by cheerleaders over pay and working conditions, the NFL also faces potential damage in the wake of the “#metoo” awareness movement of sexual assault and harassment.

“People will say it’s like being in Hollywood: there are things you buy into in exchange for all the opportunities that are presented to you,” he said. “But Hollywood is a great analogy. We all realize now that not everything goes.

“If I were the NFL, I would try to get in front of this and communicate that cheerleaders are part of the NFL experience and to treat them in a way that suggest you believe that.

Also, as franchises become more valuable in the wake of a Supreme Court decision that could lead to increased sports gambling, “it’s not a good optic for the NFL when you have a class of women who are trying to get paid based on $7.25 per hour,” Androvett added.

See here for more about the other lawsuit. It really is a matter of paying them a fair amount for their labor, and treating them with a sufficient level of respect. Frankly, the NFL could do a better job of that with their players, too, but at least they have the right to collectively bargain for those things. I’m rooting for the plaintiffs in both of these cases. Think Progress has more.

Former cheerleaders file lawsuit against Texans over pay

I’d been wondering if something like this was going to happen here.

Three former Texans cheerleaders sued the team and its cheerleading supervisor Tuesday, accusing the Texans of failing to pay minimum wage and overtime and accusing the cheer squad director of body-shaming and failing to act on complaints that cheerleaders were physically assaulted by fans.

The former cheerleaders, who were on the squad for the 2017 season, are seeking class action status, which would include all Texans cheerleaders for the last three years who also complain of similar treatment by the Texans and their cheerleader director, Altovise Gary.

The suit against the Texans and Gary, filed in Houston federal court, joins a growing list of legal actions in which former NFL cheerleaders complain about pay, safety issues and working conditions.

“I have been a season-ticket holder since 2002. My name is engraved on the glass outside NRG Stadium,” said former cheerleader Paige G., who is the lead plaintiff in the lawsuit. “It was always a goal of mine to get on the team, and I thought this is so great that now I get to cheer for the team that I love.

“It was really unfortunate that we were treated with such disrespect.”

Paige G. claims in the lawsuit that while she was paid $7.25 per hour for a set number of hours each week, she did not receive overtime for team-imposed email monitoring and social media requirements and for other “off-the-clock” job-related duties, including gym workouts, spray tans before games and events and required attendance at other team functions and autograph sessions.

“One of the most famous quotes from (Gary) is that this was a part-time job with full-time hours,” she said. “We signed up for a part-time job that didn’t require more than 30 hours a week. If you’re going to make it full-time hours, make it a full-time job. I would be happy to do that.”

The suit also accuses Gary, described in the document as “Coach Alto,” of harassing and intimidating behavior and of cutting Paige G. and other cheerleaders from the squad in April after they sought improved working conditions.

Others may join in as plaintiffs, and they will seek class certification, assuming Neil Gorsuch hasn’t made that illegal. We have seen a number of lawsuits like this filed by other teams’ cheerleaders in recent years, some with truly appalling fact sets. Several teams have paid out settlements, and I suspect that is what will eventually happen here. Seems to me the right thing for the teams to do is to pay their cheerleaders a fair wage for their labor and to generally treat them with a minimum level of respect. But this is the NFL, and that’s not the way they do business, so off to the courts they go. I know who I’m cheering for.

The XFL will be back

And this time the gimmick is there will be no gimmicks.

WWE founder and chairman Vince McMahon announced Thursday he is giving a professional football league another go.

It will be called the XFL, the same name of the league McMahon and NBC tried for one season in 2001, but it won’t rely on flashy cheerleaders and antics as its predecessor did, he said.

McMahon said he is the sole funding source for the league, which is slated to begin in January 2020. Its first season will have eight teams around the country playing a 10-week schedule. The initial outlay of money is expected to be around $100 million, the same amount of WWE stock McMahon sold last month and funneled into Alpha Entertainment, the company he founded for the project.

“I wanted to do this since the day we stopped the other one,” McMahon told ESPN in an exclusive interview. “A chance to do it with no partners, strictly funded by me, which would allow me to look in the mirror and say, ‘You were the one who screwed this up,’ or ‘You made this thing a success.'”

McMahon told reporters on Thursday afternoon that he has had no initial talks with media entities.

One mark of the new league, McMahon said, will be faster games. The ideal running time, he said, would be two hours.

As for the timing of the announcement, two years before the league’s debut, many might point to McMahon’s relationship with President Donald Trump, who this fall criticized the NFL for allowing its players to kneel and sit during the national anthem. McMahon said players in his league will not be given the forum to take a personal stance while on the playing field. McMahon’s wife, Linda, heads the Small Business Administration in Trump’s Cabinet.

Hey, everything else from 20-30 years ago is being rebooted, so why not the XFL? I can’t say I’d care – I didn’t watch the original version – but it will provide a few jobs, so that’s something. And for what it’s worth, I’m rooting for El Paso to get a team. Deadspin has more.

Texans take a knee

Good for them.

On Sunday afternoon, before the Houston Texans faced off against the Seattle Seahawks in Washington, all but approximately 10 Texans took a knee during the national anthem.

This was a direct response to Texans owner Bob McNair after an ESPN report on Friday revealed that, during a meeting with other NFL owners, McNair said the league needed to put a stop to protests during the national anthem because, “We can’t have inmates running the prison.”

McNair’s comments were particularly jarring considering that the protests — which began at the start of the 2016 season when former San Francisco 49ers quarterback Colin Kaepernick took a knee during the national anthem — are a way to draw attention to police brutality and systemic racism, which the criminal justice system only exemplifies.

[…]

McNair issued two apologies, one on Friday and one on Saturday. He also reportedly spoke with the players directly on Saturday.

“As I said yesterday, I was not referring to our players when I made a very regretful comment during the owners meetings last week,” McNair said on Saturday in his second official apology regarding his comments. “I was referring to the relationship between the league office and team owners and how they have been making significant strategic decisions affecting our league without adequate input from ownership over the past few years.”

But an unnamed player on the Texans told Josina Anderson of ESPN that he did not accept McNair’s apology.

“I think as an owner and as a business man that is something you can’t really say,” the defensive player said. “My reaction is: that’s unacceptable and I don’t want to even hear an apology, or anything like that, because I feel like you knew what you said because you were in a room where you didn’t think it was going to leak out; so you said how you feel. So, that’s how I feel about it.”

You’ve probably seen coverage of this over the weekend, but you can refer to this ThinkProgress story, Deadspin, and the Chron for a refresher. If there’s one reason why I’ve never embraced the Texans, it’s Bob McNair. All I can say is I look forward to the day when he finally sells the team.

The Rangers and the Astros

Oh, come on.

The historic flooding in Houston caused by Tropical Storm Harvey will displace the Astros for at least three games and most likely the entire six-game homestand they had scheduled for this week.

For at least their three-game series against the Texas Rangers that begins Tuesday, the Astros will play as the home team at the domed Tropicana Field in St. Petersburg, Fla., home to the Tampa Bay Rays, MLB announced Monday. Their three-game series against the New York Mets that starts Friday also likely will shift to Tropicana Field, though no final determination was made Monday.

[…]

Although it would seem more logical for the Astros-Rangers series to simply be played in Arlington, swapping home series presented logistical challenges that apparently couldn’t be overcome.

The Astros offered flipping this week’s home series for their scheduled visit to Arlington on Sept. 25-27, but the Rangers declined. The Rangers offered to put on a series at Globe Life Park as the visitors with the Astros getting all revenue, Texas general manager Jon Daniels told Dallas-area media. The Astros declined that alternative.

“We didn’t think that playing six games in Arlington was fair to the competitive balance of the wild-card race, not to mention that if we’re not able to play our games in Houston against the Mets that we would be having another trip,” [Astros president of business operations Reid Ryan] told the Chronicle. “So we felt like getting out of Texas and going to a neutral site was in the best interest of our players and in the best interests for the integrity of the schedule this year.”

The Astros will now be on a 19-game road trip, thanks to the loss of the six games at home this week. One reason the Rangers declined the swap was because that would have put them on the road for twelve straight games. Understandable from a baseball perspective, but not very charitable.

In terms of both baseball and business, it’s a perfectly logical decision for the Rangers. But in terms of compassion, it’s pretty crummy. The quick takeaway here isn’t and won’t be that the front office made a measured decision about the welfare of their own team. It’s that they decided to shut out a club forced from its city by natural disaster, putting clear baseball needs over what might be seen as more abstract humanitarian ones. The Astros—with no major damage to their ballpark, their players physically safe, and the financial means as an organization to navigate whatever’s to come—are hardly an equal stand-in for thousands of suffering people in their region who have lost everything. But they still serve as a symbol of Houston, and so turning them away can only make the Rangers look insensitive and selfish.

At one point today, [Rangers general manager Jon] Daniels said he was “almost cringing” when he discussed the Rangers’ baseball-related needs in comparison to those of the Astros. That reaction is reasonable—which should have been enough to make him think that those listening might react the same way, too.

Yeah, pretty much. The Rangers are still chasing a wild card spot – yes, even after trading Yu Darvish – and they have a big advantage over the Stros in Arlington, which I’m sure was a factor in their decision. They’re playing to win, and I can’t crime them for that. But still, this was cold. And people will remember. Sleep well, y’all. Campos, Jenny Dial Creech, and Dan Solomon have more.

(To be fair, the Rangers are making a nice donation to Harvey relief, so kudos to them for that. Kudos also to the Cowboys and Texans, Steve Francis, JJ Watt, Amy Adams Strunk, and especially Les Alexander. We’re really going to miss that guy.)

Pushing the NFL Draft angle

Every angle is going to be needed, and this is one that ought to speak to some folks.

The Cowboys’ efforts to land the NFL draft and how it could be derailed by the legislative push for a bathroom bill is part of a $1 million ad buy that will begin to play on radio stations Tuesday.

The Texas Association of Business is behind the ads. The Cowboys aren’t associated with the campaign, but they are featured.

A woman describes herself as a lifelong Cowboys fan and talks about how she’s thrilled that the 2018 draft could be in North Texas. She then says the NFL could reject the club’s bid to host the festivities, costing Texas “millions of dollars in lost revenue and leaving a lot of Cowboys fans angry” if the bathroom bill passes in Texas.

The one-minute ad ends by asking fans to contact their legislators to tell them to reject the bill and bring the NFL draft to Texas. The spot, which will run on 26 stations in the Dallas area, is designed to expand the debate and spotlight potential consequences.

“The bathroom bill distracts from the real challenges we face and would result in terrible economic consequences–on sporting events, talent, on tourism, on investment, on growth, and on small businesses,” said Jeff Moseley, CEO of the Texas Association of Business. “That’s why TAB and the Keep Texas Open for Business coalition are investing heavily in radio ads in DFW and focusing on potentially losing the NFL Draft and remain steadfastly opposed to this unnecessary legislation.”

[…]

Behind the scenes, multiple sources say the Cowboys are letting lawmakers know how passage of this bill could negatively impact the franchise’s ability to book sporting and entertainment events at AT&T Stadium and The Star in Frisco. One source described the club’s lobbying efforts against the bill’s passage as “quiet and aggressive.”

The club, like so many other businesses, finds itself in a delicate position. It doesn’t want to antagonize Gov. Greg Abbott and Lt. Gov. Dan Patrick, the bill’s primary proponent, since there will be a variety of bills down the road that can aid the Cowboys and officials will seek support from the two. But the Cowboys want to get across how they believe altering existing law will impact their bottom line.

Corporations outside the state can threaten not to build or move existing projects and operations out of Texas if the bill passes. The Cowboys don’t have that sort of leverage.

What will Jones do if the bill passes? Move the franchise to Little Rock?

No. But club officials can discreetly point out that the U2 concert that recently took place at AT&T Stadium would not have found its way to Texas if this bill had been law. It can question whether the Big 12 Championship Game and other marquee college matchups and events will be staged in Arlington going forward.

There’s embedded audio of the ad in the piece linked above if you want to hear it. The NFL Draft and the Cowboys’ efforts to bring it to Dallas next year has come up before; this is just a way to bring more attention to that. Whether this campaign will affect how any member of the House votes on bathroom bills I can’t say, but I can say this: AT&T Stadium is located in Arlington, and it is represented in Austin by a total of six people: Sens. Kelly Hancock and Konni Burton, and Reps. Jonathan Stickland, Matt Krause, Tony Tinderholt, and Chris Turner. All but Turner are Republicans, and all but Turner are Yes votes on potty-related legislation. In fact, Stickland and Krause and Tinderholt are all members of the lunatic House Freedom Caucus, whose bill-killing maneuvers at the end of the regular session allowed Dan Patrick to take the sunset bills hostage and force the special session we are now enduring. So, while I greatly appreciate the Cowboys’ lobbying efforts, which no doubt carry far more weight than most, there very much is something they can do afterwards, whether one of these bills passes or not: They can put some of that weight behind an effort to get themselves better representation in the Legislature. It’s not a high bar to clear in this case. Just a reminder that the fight doesn’t end at sine die. The Chron has more.

How much will the county get repaid for Super Bowl activities?

Quite possibly not very much, as it turns out.

After the New England Patriots stunned the Atlanta Falcons with a storybook comeback in Super Bowl LI, after the crowds drained away and the national spotlight left Houston, Harris County officials turned to organizers and asked to be repaid for security and around-the-clock support, part of $1.3 million the county spent on America’s biggest sporting event.

The answer, so far: Don’t count on it.

Super Bowl Host Committee officials say they would like to reimburse taxpayers but are not obligated to because the county did not, in its offers of support for the weeklong event, negotiate that it be compensated or repaid by organizers. The city of Houston did and has been repaid $5.5 million by the host committee.

Now, five months after the game, the back-and-forth has some local leaders questioning the costs borne by the county for the game, which was in the county-owned NRG Stadium at no cost to the National Football League, and whether the county will provide similar support in the future.

“It is very shortsighted,” said Harris County Precinct 4 Commissioner Jack Cagle. “There will be future events, future Super Bowls.”

County officials could not say why they did not negotiate a repayment agreement when they decided to support Houston’s bid for the Super Bowl in 2013 – instead offering a resolution of support for the game guaranteeing some assistance at no cost to the NFL. It is unclear if the county asked the host committee for a guarantee of compensation or reimbursement then.

A spokesman for Harris County Judge Ed Emmett said, as far as Emmett was concerned, a resolution like the county passed in 2013 would “never be used again.”

“The judge has now made clear that, before any future Super Bowls or major events like these transpire at a county-owned facility like NRG stadium, that there is going to have to be some type of an agreement where the county receives a share of the revenue from that,” said Joe Stinebaker, Emmett’s spokesman.

The debate over public spending for professional sports has gained steam in recent years as governments find themselves stretched to cover essential services and taxpayers are more aware of their support of multi-million dollar businesses, said Mark Conrad, director of the Sports Business Program at the Gabelli School of Business at Fordham University.

Conrad said the NFL “does not have to be nice” and will continue to push for any public support it can get.

“If I would predict, I would think the county is going to be eating the million dollars-plus,” Conrad said.

Keep this in mind the next time someone tries to tell you that the county is better-organized than the city. One can certainly argue that neither the city nor the county should have to enter into such detailed, technicalities-laden negotiations with a multi-billion-dollar private enterprise for payment of these relatively paltry sums. The NFL could just pay for everything up front, or the city and county could just handle it themselves on the grounds that the investment is worth it. But this is the way it is, and the county is at the end of the reimbursement line because they didn’t dot all their I’s. Let that be a lesson going forward.

Bathroom bill or NFL draft?

Back to some familiar questions as the special session looms.

The Cowboys have made their pitch to host the NFL draft.

Whether that occurs depends, in large part, on what happens in Austin this summer.

NFL officials have no interest in drawing a line in the ideological sand heading into next month’s special session of the Texas Legislature. It’s better to work behind the scenes than publicly antagonize at this stage. But the conclusion lawmakers reach on what bathrooms people are allowed to use impacts the Cowboys’ opportunity to land the draft, multiple sources said.

Other factors and cities are in play for the event. But when the NFL does announce the location of the 2018 draft, the special session will be complete and where the state stands on transgender rights will be known.

“We expect to have a decision on the location of next year’s draft later this summer/early fall,” said Brian McCarthy, the NFL’s vice president of communications.

The timing of the NFL’s decision isn’t tied to the Texas legislative schedule, which begins its special session July 18. The league has awarded the draft in August, September and October the last three years. But the timetable works to the league’s advantage by letting the issue play out without inserting itself into what has become a contentious public debate.

Again.

[…]

The NFL issued a release about inclusiveness and how its policies prohibit discrimination in the days leading up to the [Super Bowl in Houston]. A few days after the game in early February, when asked specifically about the so-called bathroom bill, McCarthy issued this statement on behalf of the league:

“If a proposal that is discriminatory or inconsistent with our values were to become law there, that would certainly be a factor considered when thinking about awarding future events.”

The question was asked in relation to the state hosting another Super Bowl, and that is how McCarthy’s response was applied. The headline became how Texas was in danger of losing out on future Super Bowls if the bathroom bill became law.

But the statement read “future events.” It didn’t limit the league’s response to the Super Bowl.

The draft, like the Super Bowl, is an event to be awarded.

We all know the drill here. I will note two points of interest. One, as the story indicates, the NFL is doing its work behind the scenes here so as not to provoke another hissy fit from Greg Abbott. And two, it would be awfully ironic if the NFL winds up showing more spine on this issue than the NBA did. Of course, for them to show that spine would mean that a bathroom bill did pass, so let’s hope they don’t get the opportunity. You can do your part to help with that by calling your legislators and letting them know in no uncertain terms that even the watered-down bathroom bill is bad for Texas. If even the NFL gets that, the Lege has no excuse.