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Appeals court blocks Clarett from entering NFL draft

by Larry NEUMEISTER<br>Associated Writer
| April 20, 2004 9:00 PM

NEW YORK (AP) — Maurice Clarett is facing another major obstacle on his way to the NFL.

On Monday, the 2nd U.S. Circuit Court of Appeals put on hold a lower-court decision to allow the former Ohio State star and other athletes to be eligible for this weekend's draft.

The appeals court said it stayed the earlier ruling to safeguard the NFL from harm and to ensure a more thorough review. Its final opinion will probably be issued after the draft, perhaps weeks from now.

Players are barred from the NFL until three years after high school graduation under current league rules.

If a subsequent ruling makes Clarett eligible, the NFL could hold a supplemental draft, something it has done for players who entered the draft late since 1977, NFL lawyer Gregg A. Levy said.

The ruling came on the same day Southern California receiver Mike Williams filed his own lawsuit in federal court in Manhattan, saying the NFL had issued conflicting statements about eligibility for the draft, thus causing him to sacrifice his college career.

But Williams' college coach, Pete Carroll, said it was possible the wide receiver could return to school.

”We'll continue to help our guy out, just like we did when he was making his decision,” Carroll said. ”Nothing definitive has been declared by the NCAA. Some steps would have to be taken for the players to get back into college football.”

NFL spokesman Greg Aiello said Williams and other players were warned that the appeals court might block entrance into the draft.

”We have not seen the complaint, but there is no basis for it,” he said.

After more than an hour of arguments, the appeals court said the NFL showed it could win its case.

Levy said the NFL was ”very pleased with the appeals court's decision, in particular their finding that we have demonstrated a likelihood of success on the merits.”

He said the way the appeals court was leaning was consistent with labor law that protects bargaining rights in many professions.

”Thank goodness that employers and their unions can agree on eligibility requirements for pilots, nurses, truckers and other skilled laborers and have the opportunity to bargain collectively over those issues,” he said.

Clarett's lawyer, Alan Milstein, didn't return a telephone message after the appeals court ruling.

Judge Sonia Sotomayor said it wasn't surprising that the players' union would agree to exclude players such as Clarett.

”That's what unions do every day — protect people in the union from those not in the union,” she said.

Clarett led Ohio State to a national title as a freshman, but was ruled ineligible as a sophomore for accepting money from a family friend and for lying about it to NCAA and university investigators. Williams declared for the draft after a lower court ruled in Clarett's favor.

Seven others also declared for the draft after the initial ruling, but none is a prospect.

Although he was a sophomore last season, Pittsburgh wide receiver Larry Fitzgerald was declared eligible for the draft by the NFL in a separate case.

U.S. District Court Judge Shira Scheindlin ruled in February that Clarett should be allowed in the draft. She said the rule excluding him violates antitrust law and unjustly blocks a player from pursuing his livelihood.

During the hearing, Milstein said he disagreed with the NFL's argument that players such as Clarett are not physically ready for pro football. Williams was expected to be a first-round pick; Clarett was expected to be chosen in the second or third round.

”The teams are lining up to hire these guys … because the teams know these players are ready to play,” Milstein said.