The NFL said Tuesday that Vikings defensive tackles Kevin Williams and Pat Williams could play Sunday in Cleveland while a federal appeals court decides whether the Pro Bowlers can sue the league in Minnesota to overturn their suspensions.
The 8th Circuit Court of Appeals this week is expected to issue a pivotal ruling that either affirms the NFL's authority to discipline players under the collective bargaining agreement or allows the Williamses to use state law to challenge its drug-testing protocol.
However, with teams already preparing for opening weekend, NFL spokesman Greg Aiello confirmed the league postponed disciplining the Williamses and New Orleans Saints defensive ends Charles Grant and Will Smith, who face the same four-game suspensions.
The Williamses claim the NFL, which suspended them last year after they tested positive for a banned substance, violated Minnesota statutes regulating how and when employers can test workers for alcohol and drugs. They aim to prove their case at trial next spring in Hennepin County.
The league counters it has complied with its Policy for Anabolic Steroids and Related Substances, arguing U.S. labor laws protect the agreement between players and owners and supersede state statutes.
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Hennepin County Judge Gary Larson wants the federal appeals resolved before proceeding. Larson already has indicated he would not force the Williamses to present their case during the 2009 season.
The Williamses are protected
by a restraining order Larson issued in June blocking the NFL from suspending them while their case is pending.
However, if the 8th Circuit sides with the NFL and rules federal law trumps the Williamses' state claims, Larson's order dissolves and the league is free to enforce the suspensions starting Week 2 at Detroit.
-- Copyright (c) 2009, St. Paul Pioneer Press/Distributed by McClatchy-Tribune Information Services