Giambi Admits to Using Steroids -- What Now?: The San Francisco Chronicle reports that in Grand Jury testimony last December, Yankees first baseman and former American League MVP Jason Giambi admitted to taking both steroids and human growth hormone. The testimony was given as part of a grand jury investigation into Balco, a California drug company accused of distributing performance-enhancing drugs to athletes. Obviously, this testimony contradicts Giambi's previous public statements that he never took performance-enhancing drugs. The article linked to above has excerpts from the testimony, as well as a description of which drugs Giambi admitted taking.



The key question now becomes -- what are the ramifications of this admission? Giambi was granted immunity for agreeing to testify and thus cannot be prosecuted for using illegal drugs based on this testimony. So, it seems that he will not face legal trouble.



This immunity does not, however, extend to Major League Baseball penalties. Like all sports leagues, MLB takes performance-enhancing drug use very seriously. Add in the fact that Congress conducted investigations into drug use in baseball last year and Giambi faces a harsh punishment. A season-long ban is not out of the question, to send a message to all players that performance-enhancing drugs will not be tolerated. Under the newly-adopted World Anti-Doping Code, first-time offenders are banned for two years (example). Thus, there is precedent to support a season-long ban, which certainly would be challenged by the union.



One question I have: can or will Major League Baseball come up with some sort of "plea bargain" for Giambi? Baseball knows that other players use drugs and now has the admission of Giambi. Can baseball offer Giambi a lesser suspension for "ratting out" his fellow players? I am not sure what the collective bargaining agreement says on this, but even if it is silent, I see such a possibility highly unlikely. Giambi may never play again because of his health, no matter what punishment he receives from baseball. Couple that with the horrific stigma that would come from siding with the league and against his fellow players, and it seems that Giambi will take the fall for all drug users in baseball. This does not mean that more players will not have their testimony used against them, but Giambi will not be the one to offer up the evidence.



Could the baseball writers revoke Giambi's MVP award? The testimony seems unclear about whether Giambi took performance-enhancing drugs during his 2000 MVP season, but this definitely casts some doubt over the honor. This seems remote, though, because the late former MVP Ken Caminiti also admitted to using performance-enhancing drugs with no response from the writers.



In addition, could Giambi's contract be in danger? The Yankees are openly not happy with Giambi's performance since it gave him a $120 million contract three years ago. ESPN now reports that the Yankees are looking into termination of Giambi's contract. Unless the contract has a specific provision relating to illegal or performance-enhancing drug use, this seems an unlikely consequence. Professional baseball contracts are not at-will; they are guaranteed. The only plausible argument I can foresee deals with any clause relating to physical conditioning. I have never seen Giambi's contract, but many professional sports contracts have language about not engaging in activities that could endanger the athlete's physical well-being or readiness to play (think, riding motorcycles). The Yankees could argue that Giambi's drug use directly led to his current health problems that caused him to miss half of last season and have put his career in jeopardy. Even with this argument, however, any attempt by the Yankees to terminate the contract would face incredible opposition from the union and in court.



No matter what the fall-out, Giambi's professional baseball career seems to be over. He will be dogged by this no matter where he goes and where he plays. If he plays poorly, people will say he was only good because of the steroids. And his declining health and increasing age will likely prevent him from returning to the greatness of his MVP season. It is unfortunate that he will take the fall for the other athletes that have taken illegal drugs, but we can hope that this will scare other athletes away from performance-enhancing supplements, which would be better for the athlete, the fan and the sport.

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Rushing the Court(house): This is my column this week for the Harvard Law School Record:



Much has been written about the despicable brawl that occurred two weeks ago during the Pistons-Pacers NBA game. Some have blamed the players for going into the stands; others have accused the Detroit fans of causing the fight by throwing both insults and objects. The league acted swiftly, handing out player suspensions, and civil and criminal liability will soon be determined. But the fall-out from this travesty will reach far beyond the NBA. Officials in all sports and at all levels will now have to reevaluate their policies so that both fans and players can co-exist in the safest environment possible.



College basketball will confront this new reality beginning this week, as teams begin regular season play. Student sections across the nation will attempt to intimidate opposing teams with taunting yells and intense noise. College fans pride themselves on “getting inside the heads” of the opposing players, and at the end of the game, the fans often feel as much a part of the victory or defeat as the five players on the court.



After some games, this means that fans “rush the court” – or run out of the stands to celebrate with the team on the arena floor. Often seen after upset victories or come-from-behind wins, rushing the court has become a traditional end-of-game ritual, seen nightly on ESPN and repeated on campuses everywhere. But the practice is far from safe. Rushing the court has been decried by coaches concerned for their players’ safety and by announcers fearful of being trampled under the melee. Students have been injured, at both high school and college games, by their fellow fans streaming out of the bleachers.



In the wake of the Pistons-Pacers brawl, rushing the court seems to bring even greater dangers. Interactions between fans and players, once restricted to verbal banter, have now escalated to physical violence. It seems only a matter of time before fanatical students rushing the court confront emotional players headed towards the locker room, resulting in a scene reminiscent of Detroit. Or worse, a student brandishing a weapon could cause a tragedy that makes last Friday’s brawl pale in comparison.



It remains to be seen how universities and arenas will deal with this new reality. To date, few universities have taken measures to prevent students from rushing the court. A few colleges have tried barricades such as bicycle racks or ropes and the University of Florida has threatened to ban from future games any student coming onto the court, but these are currently the exceptions. Will this season see a renewed effort to end this dangerous practice?



If not, the host school and the arena could both be held liable for any injuries that result. Arena management has the duty to provide a safe environment for all players and patrons, before, during and after the game. Numerous courts have held that spectators at sporting events assume the risk of injuries that are related to the sport (i.e., a foul ball at a baseball game, a stray golf ball or a hockey puck). However, at least one court has held that the owner of a sports facility has a duty to use due care to remove risks that are not inherent in the sport. Rushing the court seems to fall into this latter category, increasing the potential for arena liability. In addition, the NBA brawl has arguably made such dangers reasonably foreseeable. While arenas on college campuses do not serve alcohol, tenacious college students often need little fuel to hurl verbal insults. It may not take much for an emotionally-charged player to respond in a manner similar to Ron Artest: attack first and think later.



There are many potential solutions for colleges and athletic departments. NBA arenas now bring in extra security to ensure that fans remain in the seating area and off the court. There is no reason why college arenas could not provide the same level of protection. At Duke's Cameron Indoor Stadium, stadium officials use a simple system to keep students in the stands. At the buzzer, a rope is quickly stretched across both sides of the student section. While seemingly a small deterrent, the rope holds the students back, allowing both teams to shake hands and leave the floor.



In addition to being proactive, colleges could also deter rushing the court by punishing any student coming onto the playing area. Punishments could include banishment from future games or even disciplinary action at the university level. It could also be cause for a criminal trespassing charge. Moreover, at many schools, coaches have a considerable amount of influence on their student sections. Last season, Maryland coach Gary Williams gave a speech to his students, asking them to refrain from yelling obscene chants and wearing t-shirts with profanity. If Williams, or a coach with similar stature, asked his students not to rush the court, many fans would comply.



Universities have incredible liability at stake -- anyone injured in such an incident will not sue the student, because the university or arena surely has "deeper pockets." In order to protect themselves, schools and arenas should take the steps necessary to keep student fans where they belong -- off the court and in the stands. It should not take a grave injury for colleges to act -- if universities act now, injuries can be avoided and everyone can celebrate in a safe atmosphere.

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More Fall-out from Pistons-Pacers: The legal consequences of the fight two weeks ago in Detroit continue to mount. Two fans have been barred indefinitely from the Palace, home of the Pistons. One of these fans threw the cup at Artest that incited the brawl; the other ran onto the court and was punched by both Artest and O'Neal. More fan punishments will no doubt be coming, as the man who threw the chair in the melee has now been identified. The name of the man, whose picture can be seen here, has not been released, but officials have said that he will face the most serious of the criminal charges.



On the player side, prosecutors have stated that the Pacers involved in the fight will face criminal charges. This comes amidst an uproar in Detroit that the players were not arrested immediately, as would a "normal" person who started a brawl. Of course the Pacers, after pledging to assist the authorities, have not cooperated at all with Detroit officials.



As expected, the players' association has appealed the suspensions but no final ruling has been issued.

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Impact of the NHL Lockout: I have not written much about the NHL labor dispute, mostly because there has not been that much to report. The luxury tax has become a real sticking point and it does not seem that we are any closer to hockey now than we were six months ago. This season seems lost -- how about next season?



The impact of the stoppage is being felt all over. Obviously, Canada feels it the most, with marketers wondering where to advertise without Hockey Night in Canada. While many of the players have gone to Europe to play, this article examines what the coaches are doing. In addition, the off-ice workers have been strained by the lack of work.



Finally, this article wonders how the lockout will ultimately affect the non-traditional hockey markets, mostly in the Southeast. Will fans in Nashville, Atlanta, Raleigh and Tampa remember hockey when it comes back? In my opinion, the team losing the most is Tampa. The stoppage means that the team is unable to ride the way of its Stanley Cup championship and loses all of the momentum from its play-off run. The team even had to resort to giving the team its championship rings in a private ceremony in the arena basement.



But I am not sure how the other cities in the South will react. If anything, I think hockey may not be affected all that much. Many fans in southern cities view hockey as a novelty: if it is here, great; if not, no big deal. I don't think this will change much once hockey resumes. Because hockey is not a part of daily life, there is not the same sense of betrayal as when baseball cancelled the World Series. Thus, when play resumes, fans may be more willing to return.



Does this mean that teams in hockey-crazy areas will be more affected? Not necessarily. There will be some sense of betrayal, especially if the Stanley Cup play-offs are cancelled (which is increasingly likely). I think attendance will drop off more in hockey towns simply because it has farther to fall. But, like baseball, the NHL will ultimately be fine because people love sports and have short memories. There may be fewer franchises, but many people in southern cities will not even notice if their hockey team goes away.

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Jockey Sues Guild over Insurance Fund: Gary Donahue, a paralyzed former jockey, has filed a lawsuit against the Jockey's Guild, seeking an answer as to what happened to the $1 million Disabled Jockey's Fund. Donahue learned the fund would be terminated in 2004 and is seeking an injunction to prevent this from happening.



This is another story that shines a light on the plight of professional jockeys. Jockeys face debilitating injuries with each ride, and once injured, find that insurance they believed they had does not come close to covering their medical bills.



Hat tip: Sports Business Daily.

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A Permanent Olympic Home?: Scott Ostler of the San Francisco Chronicle has an interesting idea: move the Olympics to a permanent location. Cities would not spend $14.6 billion on a one-time event, as Athens just did. Large venues will not be built that sit empty afterwards. And by putting 'Olympicland' on an island in the South Pacific, no country will "own" the Olympics.

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Blogger Problems: Sorry for the lack of posting the last few days -- Blogger has been giving me a lot of problems.

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