Off the Kuff Rotating Header Image

NFL

FBI involved in Deshaun Watson case

Never a good sign, though there might be a wrinkle in this one.

The FBI is looking into sexual assault allegations against Texans quarterback Deshaun Watson, according to opposing legal parties in the player’s civil court cases.

The extent of those probes remains unclear. Defense attorney Rusty Hardin on Wednesday declined to call any federal interest in the sexual assault allegations part of an “investigation,” but he said he knows definitively that one FBI investigation is underway into claims that a woman extorted Watson for money.

The high-profile defense attorney held a 20-minute news conference in direct response to recent statements by his opponent, Tony Buzbee, who said that he spoke to representatives of the federal agency.

Buzbee told the website League of Justice that the FBI appeared interested in Watson’s alleged use of the internet and interstate travel to solicit sessions from massage therapists.

Hardin said he learned Tuesday that the FBI was checking into some claims presented in the 22 civil suits filed earlier this year against Watson. He said he welcomes those federal investigations, but he simultaneously denounced Buzbee for bringing them to the media.

“He wants to leverage his civil lawsuits,” Hardin said. “He knows those lawsuits have no future in the long run. But he wants to be out there and promote himself and the lawsuits and try to get Deshaun to settle them and pay him money so he can ride into the sunset.”

Buzbee, who is representing the women suing the 25-year-old for sexual assault and harassment, denied that any of his clients were being investigated.

“I think Rusty is reaching for straws and that’s kind of silly,” Buzbee said. “God bless him, the FBI, is, not as far as I know, is not investigating the women who have been victimized. They’re investigating Deshaun Watson.”

Buzbee later clarified that he does not know whether there is an official “investigation” into Watson, but that he did speak with federal agents.

[…]

Hardin on Wednesday focused on claims that one of those women extorted Watson for money before filing a lawsuit alleging he forced oral sex. He read text messages that appeared to show the woman apologizing for her own behavior during a session.

The attorney said the FBI approached his team in April about those allegations, and Watson later spoke to the bureau about them.

Buzbee said he detected irony in Hardin’s statements about his client.

“He’s doing the best he can do, but it’s kind of sad that he’s turning it around on the women,” he said.

Hard to know what to make of this. I’m loathe to believe any claim Tony Buzbee makes, but I’d say he’s more likely to be right about what the FBI is doing than Rusty Hardin is in this case. But who knows? The FBI said nothing as per their usual policy, and whatever it is they may be doing, they’ll be done when they’re done. So we wait.

The Austin Bills?

Noted for the record.

Maybe they’re negotiating. But in any negotiation, the negotiators need to be willing to act in order to have any credibility.

As to the negotiation between the Bills and Buffalo that has begun with the Bills wanting taxpayer funding to pay the full price of a new stadium, an impasse could lead the Bills threatening to move — and potentially moving — elsewhere.

Citing an unnamed ownership source, Seth Wickersham of ESPN.com reports that Austin is a possible destination — or threat — as one of the cities to which Bills ownership was referring when telling government negotiators that “there are other cities elsewhere that desire an NFL franchise and would pay handsomely for it.”

San Antonio was one of the leverage destinations for the Raiders before they moved to Las Vegas, and the Dallas Cowboys and Houston Texans weren’t believed to be thrilled about the possibility of a third team coming to Texas. Presumably, they wouldn’t want a team in Austin, either.

Hard to know how seriously to take this. I suppose the reason Austin is being dangled as an alternate for the Bills and not San Antonio is that Austin doesn’t have an NFL-ready stadium at hand and would have to build one, which is clearly what the Bills’ owners want. San Antonio has the Alamodome, which was used by the Saints in 2005, but is presumably not up to date with the latest luxury items that a typically avaricious NFL owner desires, so it would not do. San Antonio, which has in recent years spent a bunch of money on Alamodome-related projects, may be less interested in financing a brand new playpen. Who knows? Anyway, if this particular item gains traction in the coming months, you’ll know that this is where it all started. CBS Sports, KXAN, Reform Austin, and the Statesman have more.

More criminal complaints against Deshaun Watson

Yeesh.

Multiple women have filed complaints with the Houston Police Department related to Texans’ quarterback Deshaun Watson, according to both sides in the football player’s civil sexual assault cases.

Almost half of the 22 women who filed civil claims against Watson have given sworn statements to police and spoken to NFL investigators, attorney Tony Buzbee said Sunday. Defense lawyer Rusty Hardin specified on Monday that eight women in the suits have filed complaints with police. He also said two new women not in litigation have done the same, which ESPN first reported.

Houston police on Monday declined to comment beyond an initial statement they released in early April. One person filed a complaint, they said at the time, leading the agency to open an investigation.

The police and NFL investigations remain underway with no signs of immediate resolution for Watson, who returned to training camp this week amid the allegations of sexual assault and harassment.

Those cases as well as the lawsuits are trudging along, keeping Watson in a holding pattern while he doesn’t play and demands a trade — that in itself an unlikely occurrence until his legal issues end, team sources have said.

“Both processes are very lengthy,” Buzbee said, referring to the police and NFL probes. “We expect to provide further information to the NFL from all victims.”

[…]

Hardin said on Monday Houston officers should also speak to the remaining 14 women who sued but did not file police reports, he said, in order to complete a full investigation.

The lawsuits are meanwhile moving through the discovery process in the Harris County civil courts. Buzbee said his team is currently obtaining written information from Watson, including electronic data and payment records.

See here and here for some background. The complaints by two women who are not suing Watson sounds ominous to me. I know that he’s Rusty Hardin and I’m not, but if I were Rusty Hardin, I might be a little worried about what the police might find when they talk to those other 14 women.

A Deshaun Watson sighting

Noted for the record.

Deshaun Watson made a shrewd move Sunday when he reported early for training camp with the other quarterbacks and rookies.

Watson showed up at NRG Stadium for the first time since the end of last season, avoiding a fine of $50,000 a day, creating a colossal distraction for a team in rebuilding mode and putting pressure on the Texans to make a move.

But what could that move be?

Watson reiterated he still wants to be traded. That means he doesn’t want to be at the facility, and the Texans don’t want him there, but a trade doesn’t appear imminent, according to team sources. Any move would likely come when his legal issues are resolved.

[…]

The Texans have options when it comes to Watson. He can attend meetings and practice. He can be given an excused absence and be able to leave and work out on his own without being fined. He can be placed on the exempt list (essentially paid administrative leave) by commissioner Roger Goodell until the league concludes its investigation.

The league’s personal conduct policy empowers Goodell to put a player on the exempt list “when an investigation leads the Commissioner to believe that a player may have violated this Policy.”

The conduct policy says that Goodell “may act where the circumstances and evidence warrant doing so,” and adds: “This decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.”

Tony Buzbee, who represents the women in the civil cases said “almost half” have given sworn statements to the police and spoken to the NFL. He said he expects to give the NFL more information.

Watson or the NFL Players Association could appeal his placement on paid leave. A player on paid leave cannot practice or play in games but is permitted to be at the team’s facility for meetings, workouts, therapy and rehabilitation.

Just a reminder, the first of the depositions by Watson’s accusers may begin in September. There is a criminal complaint, filed in April, that is still under investigation. There’s no formal timeline for when (or if) the NFL may act on the exempt list; some people think he should already be on it. We’re just waiting for updates until then. Sean Pendergast has more.

The ultimate inducement to getting vaccinated

Winning college football games. I mean seriously, if that doesn’t do it then literally nothing will.

SEC commissioner Greg Sankey calls it the “vaccination motivation” — in urging the league’s programs to receive the COVID-19 vaccination before the season kicks off in a little more than a month.

“Let me be clear to our fans, to our coaches, to our staff members and to our student-athletes: COVID-19 vaccines are widely available,” Sankey said to crank up SEC Media Days on Monday. “They’ve proven to be highly effective. And when people are fully vaccinated, we all have the ability to avoid serious health risks, reduce the virus’s spread and maximize our chances of returning to a normal college football experience, and to a normal life.

“With six weeks to go before kickoff, now is the time to seek that full vaccination.”

Sankey, speaking on the first day of the four-day event and the first SEC Media Days in two years because of the pandemic, said six out of the SEC’s 14 football teams “have reached the 80 percent threshold in roster vaccination.”

“That number needs to grow, and grow rapidly,” Sankey said. “We have learned how to manage through a COVID environment, but we do not yet have control of a COVID environment, and that finds us preparing to return toward normal this fall, but we see realities around us.”

[…]

Sankey added, “The ‘forfeit’ word comes up at this point,” after the league last season left a cushion in December to allow for makeup games. That likely will not be the case this year. A&M is scheduled to kick off its season Sept. 4 against Kent State at Kyle Field, and Sankey said all early signs are the SEC’s season will not be pushed back a few weeks (and shortened to league-only contests) like it was in 2020.

“You hope not to have disruption, but hope is not a plan, goes the cliché,” Sankey said. “We (for now) still have roster minimums that exist, just like last year. What I’ve identified for consideration among our membership is we remove those roster minimums, and you’re expected to play as scheduled. That means your team needs to be healthy to compete, and if not, that game won’t be rescheduled.

“ … We’ve not built in the kind of time we did last year, particularly at the end of the season, to accommodate disruption. Unless we’re going to do that, our teams are going to have to be full prepared to play their season as scheduled.”

I’ll get back to the SEC in a minute, but at least one conference is using the word “forfeit”.

The American Athletic Conference has had conversations in the past week that would require teams without enough healthy players due to COVID-19 to forfeit games this season.

“It’s not decided yet, but it’s likely,” Houston athletic director Chris Pezman said recently during an appearance on SportsTalk 790 AM.

Few FBS teams dealt with COVID-19 disruptions as much last season as Houston, which had eight games either canceled or postponed. UH officials were particularly upset with the short notice given by Baylor, which called off a game less than 24 hours before kickoff and the Cougars’ equipment truck already in Waco.

The eventual season opener against Tulane was delayed until Oct. 8, a delay of more than a month.

A similar measure to force teams unable to field enough healthy players to forfeit has also been discussed with the Big 12.

“The COVIDing out and the gamesmanship that went into that, make no mistake that occurred this last year,” Pezman said. “You’re going to end up forfeiting.”

Lots of teams played incomplete schedules last year, with many games being delayed or canceled because one team or the other didn’t have enough healthy players. If the idea this year is for things to go back to “normal”, then teams need to ensure they can meet minimum roster requirements. The best way they can do that is to make sure that they don’t have COVID outbreaks, and we all know what they best way to do that is. Stuff can still happen – the recent outbreak with the Yankees, where over 85% of their team and staff are vaxxed, is an example – but the odds are much better in your favor this way.

Obviously, the number of people in scope for this is small, but it just might spread outward a bit. Imagine if coaches forbade the fat cat donors from hobnobbing with the teams if they’re not vaxxed, for example. Whatever the case, every little bit helps. And hey, if the ol’ ball coach says get your shots, who’s gonna say no?

UPDATE: Not just college football.

The NFL has added an additional COVID-19 vaccination incentive for players, threatening forfeits and the loss of game checks if an outbreak among unvaccinated players causes an unresolvable disruption in the regular-season schedule.

Commissioner Roger Goodell informed clubs of the new policy Thursday in a memo. The league has encouraged vaccination for players but has not required it, per an agreement with the NFL Players Association.

Instead, the league has set up a series of incentives. As of Thursday, Goodell wrote, more than 75% of NFL players were at least partially vaccinated and more than half of the league’s teams have player vaccination rates above 80%.

Unvaccinated players will be subject to severe protocols during training camp and the regular season, including daily testing, mask-wearing and travel restrictions. Thursday’s memo made it clear that unvaccinated players could, in theory, be responsible for the losses of games and paychecks as well.

You can be free to make your own choices about the vaccine if you really insist, but that doesn’t mean you’re free from the consequences.

How the NFL handles domestic violence and sexual assault charges

Sith great inconsistency, is the short answer. Anyone interested in what may happen with Deshaun Watson should read this.

Ray McDonald was playing for the San Francisco 49ers in August 2014 when he was arrested for allegedly assaulting his pregnant fiance.

Charges were never filed. He never missed a game.

Four months later, in December 2014, McDonald became a suspect in a sexual assault case. The 49ers cut him from the team, but the NFL did not take action.

The Chicago Bears signed McDonald three months later, in March 2015. The rape charges were dismissed in 2017 after the victim declined to testify.

In May 2015, McDonald was in trouble yet again. He was arrested after allegedly assaulting his ex-fiancee in California while she was holding their infant son. A grand jury declined to indict him on the domestic violence charge.

The Bears cut him from the team. The NFL has not taken action, and McDonald has not played since.

Cases such as McDonald’s illustrate the NFL’s inconsistent punishment system for players accused of sexual and domestic violence, experts in sports and violence culture say: As long as a player is good and making a team money, they will receive some modicum of protection.

The league took steps to improve its domestic and sexual violence education — and strengthen its punishment policy — after Baltimore Ravens’ Ray Rice in 2014 knocked his then-fiancee unconscious in an elevator in Atlantic City. Now, the league’s baseline is a six-game suspension for the first violent — or threat of violence — offense and a lifetime ban for the second. The player does not have to be charged or convicted of a crime to receive this punishment.

It is very difficult to track how many NFL players are accused of violent offenses and whether they faced punishment by their teams or the league. The NFL does not maintain a public database of its disciplinary actions.

However, using a USA Today database supplemented by Houston Chronicle reporting, the newspaper found nearly 80 instances in which players had been accused of, cited, arrested or charged with violent offenses since January 2015, after the NFL revised its policy.

Only 27 of the 68 players examined by the Chronicle received an NFL suspension, and often the punishments doled out were inconsistent. At least nine players from 2015 to present were repeatedly accused, arrested or charged with a violent crime, often before receiving any sanctions from the league.

About 32 percent of those nearly 80 instances resulted in punishment through the criminal justice system. In the instances they were not, cases are still ongoing, the players were acquitted or the charges were dropped. Some accusations were not reported to police or the alleged victims recanted their stories or declined to proceed.

There’s a lot more, so read the whole thing. The NFL has been bad at this for a long time (other sports leagues are not much better), but they’re at least more engaged with the issue now. It’s a complicated question, and how the leagues respond will need to continue to evolve. If you’re any kind of sports fan, you’ve had to deal with a lot of mixed feelings over this. It’s not going to get any easier.

Timeframe for Watson depositions

This is going to take awhile.

Deshaun Watson’s attorneys in September can begin deposing plaintiffs in the 22 sexual assault and harassment cases against the Texans quarterback, according to court documents.

State District Judge Rabeea Sultan Collier on May 10 signed an agreed docket control order which maps out dates for various phases of the litigation. Watson cannot be deposed before Feb. 22.

[…]

The women can be deposed beginning Sept. 13, with up to six hours allotted for each plaintiff’s personal deposition. The Houston Chronicle typically does not identify victims of alleged sexual assault or harassment.

Watson himself can be deposed in late February and cannot exceed 48 hours of deposition, according to the docket order.

No settlement negotiations were underway earlier this month, when defense attorney Rusty Hardin released a statement claiming Buzbee had approached his team in attempts to discuss settlements. Buzbee denied that allegation, posting on Instagram that he had never approached Watson’s team to settle.

Hardin has said any potential settlement would need to be public.

See here and here for my previous updates. I haven’t posted on this in awhile, partly because we are now at the slow legal process point of the saga and partly because of other news. Sean Pendergast is more up to the minute on this stuff – see here, here, and here for his most recent updates. The discovery process in the lawsuit has begun, and that has the potential for some big revelations to occur, the kind of thing that one side or the other has been keeping quiet about. The depositions will likely tell us some new things as well. Settle in for the long haul, there probably won’t be much more to say for awhile.

One crime Texas isn’t so tuff on

And that’s sexual assault, in the category of crimes Deshaun Watson has been accused of.

As the Houston Police Department investigates at least one criminal complaint against Deshaun Watson, a review of the allegations made in civil court against the Texans quarterback show officials could be limited to pursuing misdemeanor charges for all but a few serious accusations.

More than half of the 23 women who sued Watson say he made sexual contact without their consent. In Texas, that’s a misdemeanor in criminal court, on par with burglary of a vehicle or property theft between $750 and $2,500.

Three plaintiffs allege that Watson either forced or coerced fellatio — a second degree felony punishable by two to 20 years in prison and a fine of up to $10,000.

[…]

Texas lags behind some states in punishing offenders in cases of sexual assault that don’t rise to the level of rape. The Houston Chronicle analyzed a database of sex crimes laws across all 50 states compiled by the Rape, Abuse and Incest National Network. It found that unwanted sexual contact described in more than half the lawsuits — where there is no penetration involved — is a felony in a dozen of them, but not in Texas.

Experts say classifying what Watson is accused of doing as misdemeanor indecent assault minimizes the seriousness of such crimes and discourages victims from coming forward.

“The gravity of indecent assault or indecent acts can vary so substantially,” said Geoffrey S. Corn, South Texas College of Law Houston’s Gary A. Kuiper Distinguished Professor of National Security Law. “Compelling someone to touch your genitals or touching them with your genitals is a much more aggravated crime” than grabbing someone’s buttocks.

[…]

Other states impose harsher punishments than Texas. In Utah, for example, forcible sex abuse — touching a person’s anus, buttock, pubic area or any part of someone’s genitals, or touches a female’s breasts — is a second-degree felony punishable by one to 15 years in prison.

Alaska classifies non-consensual sexual contact as sexual assault in the second degree, a class B felony. It’s punishable by up to 10 years in prison and a $100,000 fine.

But in Texas, the same crime is only a class A misdemeanor. At most, a person found guilty of indecent assault would receive a year in jail and be fined $4,000.

Corn said each offense could be punished separately. But still, “treating it conclusively as a misdemeanor is troubling,” Corn said.

I should note that the penalties cited in this story are the maximum for the given crime. Most likely, an offender who was convicted or accepted a plea for them would get a lesser sentence. I’ve learned enough over the years to be very skeptical of aggressive punishments for most crimes, as they seldom have any positive effect on the frequency with which those crimes are committed, and of course because of the great racial disparities in our criminal justice system. That doesn’t mean Texas has the right idea with its punishments for these non-rape sex crimes. If anything, it tells us more about the state’s attitude towards this kind of crime. (*) There are a lot of reasons why people (mostly but not entirely women) are reluctant to come forward when they are victimized in this fashion, but the prospect of seeing their attacker get off with a light sentence even in the best case scenario is surely one of them.

(*) – Compare, for example, to the multi-year prison sentence Crystal Mason got for voting when she wasn’t eligible. If her conviction is upheld by the Court of Criminal Appeals, she would serve more time than Deshaun Watson would if he were convicted under most of the charges levied against him.

First Watson defense briefs filed

Just keeping an eye on developments.

Texans quarterback Deshaun Watson’s legal team on Monday filed a general denial of the 22 allegations of sexual assault and harassment, including their own claims that some of the massage therapists asked the football player if they could give him additional sessions.

The denial comes days after Watson’s attorney Rusty Hardin successfully pushed for the names of the women to become public, which he said would allow him to investigate and respond to the lawsuits. The Houston Chronicle does not typically identify victims of alleged sexual assault or harassment.

[…]

Hardin, in his response to the lawsuits, said that several of the women bragged about massaging Watson or praised him after their sessions. Others offered to work with him again, and one said she was attracted to Watson and wanted to go on dates with him, the attorney said.

Several of the women failed to disclose they had more sessions than what they said in their lawsuits, and some of them told others that they wanted to get money out of Watson, according to the filing.

Many of the women have also deleted or altered their social media accounts, where some evidence might have been found, Hardin said.

See here for the previous update. As was the case with the lawsuits themselves, do not rush to judgment about anything in the defense filings. More information will come out as the plaintiffs (and perhaps the prosecution) gets a chance to respond. Part of the job of the defense is to cast doubt on the accusers, and that is going to feel weird and perhaps aggressive. It’s not going to get any less uncomfortable from here. Sean Pendergast, who quotes from the defense brief and breaks down the different arguments being made, has more.

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.