Over the past few days, Maurice Clarett’s name has re-emerged in the news. The former Ohio State running back is currently in prison and was being talked about in the media because of his decision to withdraw his request for early release. Clarett was sentenced in Sept. 2006 to serve at least 3 1/2 years in prison for charges of aggravated robbery and carrying a concealed weapon.
He was seeking clemency in order to try a football comeback as soon as possible, perhaps even in the NFL. With the chances of an early release very unlikely, and the possibility of parole sometime next year for good behavior, Clarett decided to stick it out.
You might be wondering how Clarett relates to the NBA’s age policy. The correlation goes back to the bold decision he made in 2003. After being suspended by Ohio State for the 2003-04 season for rules violations, Clarett sued the NFL for the right to enter its draft. League rules specify that in order to be eligible for the NFL draft, a player is required to be either three years removed from their high school graduation or graduation of the class year with which they entered high school, whichever is earlier.
“He was precluded from playing at Ohio State because of supposed NCAA violations,” says Alan Milstein, Clarett’s lawyer in the case. “He had no other place to go. He was ready to play football. They were ready to hire him. And he just needed to get into the draft.”
In 2002, Clarett came to Ohio State highly-touted and almost immediately showcased his talent as he became the first Buckeye freshman to open the season as the starting running back since 1943. He capped his superb first, and what would be only, season in college football by scoring the winning touchdown in double overtime against Miami to give Ohio State its first national championship in 34 years. On Sept. 10, 2003, a little more than eight months after the title game, Ohio State suspended him for his entire sophomore season. Less than two weeks later, Milstein filed the lawsuit that would challenge the NFL’s policy.
Alan Milstein and Maurice Clarett were all smiles after beating the NFL in district court in Feb. 2004. Three months later, the decision would be overturned in circuit court. (AP photo)
In Feb. 2004, Clarett scored a victory in district court, briefly opening entry into the NFL draft for underclassmen and preps. However, the NFL appealed the ruling in circuit court. On April 19, 2004, days before the draft, the U.S. Court of Appeals for the 2nd Circuit suspended the district court’s ruling, thus blocking Clarett from the draft. Clarett filed two separate appeals to the U.S. Supreme Court in the days following the circuit court’s decision, but to no avail. Finally, on May 24, the 2nd Circuit made its decision and ruled against Clarett, forcing him to wait until 2005 (when he would be eligible) to enter the NFL. The loss was a crushing blow for Clarett and precipitated his incredible fall. The setback was also tough for Milstein, who has made a successful career out of helping his clients challenge authority and those in power.
“The 2nd circuit was wrong in the way that they ruled on the case,” says Milstein with conviction. “We won at the district court level, lost at the 2nd circuit. We shouldn’t have lost, we should have won.”
Milstein disagrees with skeptics that say football is a different beast than the other pro sports. Surely the physicality of the sport gives the NFL legitimacy in requiring players to be at least three years removed from high school. Right?
“The best hockey player in the world [Sidney Crosby] came out of high school,” says Milstein. “I think the NFL is a kid’s game compared to the NHL as far as the level of violence. If the players are ready to play, they will get drafted. If they’re not ready to play, they won’t make the team.”
Milstein is a staunch proponent of no age limits in professional sports and thinks the policies that professional leagues set run deeper than just meeting their own interests. “I think it’s an outrageous policy [setting age limits], perpetuated by an agreement by the … pro teams to help the NCAA,” says Milstein.
Asked if he would have any interest in challenging the NBA’s policy if he was approached by a client, Milstein replies, “Absolutely.” Spencer Haywood did challenge the NBA — and won — but that was back in 1971. Since the NBA’s new age policy took effect with the 2006 draft, nobody has bothered to contest it in court. Just last year, Brandon Jennings chose to play in Italy for one season instead of trying his luck in the judicial system.
It must be pointed out that this is just speculation and it is unknown if a lawsuit was ever considered by Jennings. Perhaps one day though, a youngster will come along and view litigation as the quickest path to the NBA.
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Arin Karimian
