Cowboys were actually looking into signing Antionio Bryant
By Felisa Cardona
The Denver Post
Article Last Updated: 10/29/2007 12:20:55 AM MDT
A former San Francisco 49ers player is challenging the National Football League's drug testing policy in U.S. District Court in Denver, the second lawsuit filed this month against the league over drug testing.
Antonio Bryant, a receiver whose NFL contract was terminated March 1, says he is being forced to submit to random drug tests even though he is no longer employed or receiving benefits from the league.
The NFL "believes that any individual who has ever played or thought about playing professional football is subject to the NFL Policy and Program for Substances of Abuse," Bryant's lawyer and agent, Peter J. Schaeffer wrote in an affidavit. "If this were true, any private company in the United States could test individuals for drugs and alcohol if that individual had worked or was thinking of working in that industry."
The lawsuit was filed in Denver because Schaeffer is based in Colorado. Bryant lives in Texas.
Last week, Denver Broncos running back Travis Henry filed a motion in a New York federal court that says the NFL violated a temporary restraining order when it tested him a second time after his first sample came back positive for a "negligible amount" of marijuana.
Henry wanted a specialist present when a "B" sample of urine was taken to test against the positive sample, the lawsuit says.
A positive test for Henry means he could be suspended from the NFL for one year.
NFL spokesman Brian McCarthy said the lawsuits are without merit.
"Both cases cannot be maintained in court because any appeals must be brought under the Program's grievance procedures," McCarthy wrote in an e-mail.
The NFL Players Association declined to comment about the lawsuits or about any other issues players may have with the drug policy.
Bryant's lawsuit says that earlier this month, the Dallas Cowboys inquired about signing him, but the $500,000-a-year offer was revoked when the NFL notified the Cowboys that Bryant would be suspended for one year once he signed a contract because he has not complied with the policy for random drug tests.
The Tampa Bay Buccaneers also came calling but declined to offer a contract after hearing of the dispute, the suit says.
Bryant has asked a judge for a temporary restraining order barring the NFL from administering the tests and notifying teams that he is out of compliance.
"We don't think it's right," Schaeffer said. "It's a free country. But even though he's not getting benefits from the league, they can test him all they want."
Schaeffer said that once Bryant is under contract, he has no problem submitting to random drug tests.
Bryant was suspended by the NFL for four games last November when he was arrested on suspicion of reckless and drunken driving in California.
His orange Lamborghini was seen speeding down a freeway, and he was combative with police, refusing to leave his car and eventually forcing officers to use leather restraints to keep him in a patrol car, according to published reports.
Schaeffer said Bryant is not addicted to drugs or alcohol but said that since the NFL enacted its drug testing policies, the program is not focused on helping players with substance-abuse issues.
"The pendulum on the NFL drug policy has switched from one which was originally designed to rehabilitate and get the players assistance for treating addiction problems to now where it's totally punitive against the players," Schaeffer said. "Now the main focus is on punishment, not treatment."
The Denver Post
Article Last Updated: 10/29/2007 12:20:55 AM MDT
A former San Francisco 49ers player is challenging the National Football League's drug testing policy in U.S. District Court in Denver, the second lawsuit filed this month against the league over drug testing.
Antonio Bryant, a receiver whose NFL contract was terminated March 1, says he is being forced to submit to random drug tests even though he is no longer employed or receiving benefits from the league.
The NFL "believes that any individual who has ever played or thought about playing professional football is subject to the NFL Policy and Program for Substances of Abuse," Bryant's lawyer and agent, Peter J. Schaeffer wrote in an affidavit. "If this were true, any private company in the United States could test individuals for drugs and alcohol if that individual had worked or was thinking of working in that industry."
The lawsuit was filed in Denver because Schaeffer is based in Colorado. Bryant lives in Texas.
Last week, Denver Broncos running back Travis Henry filed a motion in a New York federal court that says the NFL violated a temporary restraining order when it tested him a second time after his first sample came back positive for a "negligible amount" of marijuana.
Henry wanted a specialist present when a "B" sample of urine was taken to test against the positive sample, the lawsuit says.
A positive test for Henry means he could be suspended from the NFL for one year.
NFL spokesman Brian McCarthy said the lawsuits are without merit.
"Both cases cannot be maintained in court because any appeals must be brought under the Program's grievance procedures," McCarthy wrote in an e-mail.
The NFL Players Association declined to comment about the lawsuits or about any other issues players may have with the drug policy.
Bryant's lawsuit says that earlier this month, the Dallas Cowboys inquired about signing him, but the $500,000-a-year offer was revoked when the NFL notified the Cowboys that Bryant would be suspended for one year once he signed a contract because he has not complied with the policy for random drug tests.
The Tampa Bay Buccaneers also came calling but declined to offer a contract after hearing of the dispute, the suit says.
Bryant has asked a judge for a temporary restraining order barring the NFL from administering the tests and notifying teams that he is out of compliance.
"We don't think it's right," Schaeffer said. "It's a free country. But even though he's not getting benefits from the league, they can test him all they want."
Schaeffer said that once Bryant is under contract, he has no problem submitting to random drug tests.
Bryant was suspended by the NFL for four games last November when he was arrested on suspicion of reckless and drunken driving in California.
His orange Lamborghini was seen speeding down a freeway, and he was combative with police, refusing to leave his car and eventually forcing officers to use leather restraints to keep him in a patrol car, according to published reports.
Schaeffer said Bryant is not addicted to drugs or alcohol but said that since the NFL enacted its drug testing policies, the program is not focused on helping players with substance-abuse issues.
"The pendulum on the NFL drug policy has switched from one which was originally designed to rehabilitate and get the players assistance for treating addiction problems to now where it's totally punitive against the players," Schaeffer said. "Now the main focus is on punishment, not treatment."
posted by The Gryphon at 10:28 PM
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