MINNEAPOLIS - Kevin Williams and Pat Williams have stopped the NFL with another goal-line stand.
U.S. District Judge Paul Magnuson issued a preliminary injunction that blocks the NFL from enforcing its suspension of five players - including the Vikings' star defensive tackles - for violating the league's anti-doping policy. He said he's going to take some time before he issues an order on the underlying issues of jurisdiction and the NFL's drug testing policy, but did not say when he might rule.
The ruling Friday means the two Vikings will be available for the team's game against Detroit on Sunday. Jeffrey Kessler, the lead attorney for the NFL Players Association, said he believes the players will be able to continue longer.
"If he didn't think there were substantial questions about the public policy implications here, he would not have issued this ruling," Kessler said of Magnuson's decision.
Magnuson chastised the NFL, saying that it took two months to let the players know they were suspended and, yet, "I'm given less than two days to make a major decision in regards to these players - that's unfair," he said. "Justice doesn't function that way."
The judge then immediately ruled from the bench, saying the temporary restraining order issued by Hennepin County District Judge Gary Larson on Wednesday would remain in place. But he issued a separate order allowing the Williamses and three other players - Charles Grant, Deuce McAllister and Will Smith of the New Orleans Saints - to practice and play. That order will remain in place until Magnuson issues an in-depth decision.
"We are absolutely delighted with the decision. What the decision means is that the NFL, like any other organization in the United States of America, is subject to the rule of law," Kessler said after the hearing.
During the hearing, Magnuson aggressively questioned lawyers for all sides in the dispute over whether the players should be allowed to continue to play despite testing positive for a banned diuretic.
As Kessler began his argument Friday, Magnuson cut him off, asking about the labor agreement between the league and the union on drugs. "What are we doing in court? This is your deal," the judge said.
Kessler said the issue isn't the league policy. "It's well-established that a labor decision should be set aside if it's against public policy," Kessler said.
The five players took a weight-loss supplement called StarCaps. The supplement contained Bumetanide, a medication banned by the NFL because it is used as a masking agent for steroids, which was not listed as an ingredient. The players claim the league has known about the presence of Bumetanide in StarCaps since 2006 and declined to warn the players.
Kessler said the public policy question hinges on whether the NFL had an obligation to tell players that StarCaps contained the potentially harmful diuretic. "It would not be overdramatic to say this could lead to player deaths," Kessler said.
He repeatedly invoked the 2001 death of Vikings' tackle Korey Stringer from dehydration-related syndrome. "This is the very type of product that would cause that," Kessler said.
He also argued that a league manager who ruled on the suspensions was potentially biased because he knew about the decision not to warn players about StarCaps.
The NFL, which maintains a list of approved products, has steadfastly claimed it is not obligated to issue warnings about specific products. And NFL attorney Daniel Nash repeatedly insisted that players are ultimately responsible for what they put in their bodies - whether knowingly or not. Nash said the NFL has followed the rules under its drug policy and that the players simply don't like the suspensions.
"The fundamental issue is they are disappointed they lost," Nash said.
Nash said the NFL didn't tell players about the substance in StarCaps because then players might get the impression another supplement was OK because it isn't on a banned list. He emphasized that the drug policy is "replete with warnings about supplements."
Peter Ginsberg, a lawyer for the Williamses, said both players called the NFL drug hotline to inquire about StarCaps. "They got no answer," he said.
The Williamses, who are not related, also want to pursue claims in state court and are asking that the case be returned to Hennepin County District Court so they can seek unspecified damages.
After the hearing, Ginsberg said that the temporary injunction could remain in place for months to come.
"Hopefully, until after the Super Bowl," he said.



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