Only The Lawyers Won in Deflategate

The dumbing down of America is now complete and you can thank Deflategate for it.

I am finally wading through the Berman decision in the ongoing saga called #Deflategate. A full legal analysis is in the works but my initial impression remains largely unchanged. This is a bad legal decision being hyped as the second great coming of increased power for labor (it isn’t) while simultaneously ignoring how terrible it is for consumers. That’s you.

You the consumer are being hosed and the worst thing is its being sold as good for you, the consumer. Its not but I digress. I’m not just talking about consumers of football or even sports in general (you are being screwed too but I don’t feel sorry for you). No, its the consumer in the real world where regulated professions control most of your supply and demand. That’s all of you.

Just a few of the regulated industries subject to collective bargaining, arbitration and labor laws like the one in Brady? The trucking industry for one and others include our nuclear power industry as well as our health care industry. These are all important industries for you, the consumer, because they provide you food, medicine, insurance and nice things like electricity and power.

Central to how those regulated industries operate are overview and policing over employees and their actions. Its what protects you from harm and provides you with reasonable assurance that employees and their respective companies are following the rules and applying them in a way that makes sense. When there is a breakdown in this process it is you, the consumer, who bears the brunt of it in one form or another.

Part of that process is the ability of the regulated industry to investigate a potential breach of the rules. Arbitration is not litigation as we commonly know it and understand it because it allows for fact gathering without the nuisance, and added costs, of a formalized legal system that requires subpoenas and fancy lawyers garnering huge fees. That’s good for you, the consumer, because it reduces costs and helps makes products and services more cost effective for you. Those are all good things.

Companies pass costs down to their consumers. This is a fact and it happens in all industries not just the regulated ones. Finding a delicate balance between protecting the consumer and controlling costs is never easy but its far easier when you don’t abandon common sense at the door. Alas, common sense seems to be not so common anymore.

I love sports as much as the next person. Its an opportunity to bond with other fans and partake in awesome food such as pizza. We all love pizza right? Too bad fresh and delish pizza isn’t always available when you need it. Thus, we sometimes resort to the frozen variety which isn’t remotely the same but close enough.

So the next time you open your store bought pizza and see the following


you no longer have to ask yourself who the moron is who needed to be told to cook his pizza before eating it. Now you know that moron is Tom Brady who had to be told that cheating is bad and ball tampering is not allowed even when you are a big fancy white quarterback.

One comment

  1. Hey, Sharona. You know by now how much I respect you and your opinions, and here’s the “but” – Brady was someone the league wanted to make an example of, and their initial punishment was WAY off base, considering past similar “transgressions” by others.

    A few years back, the San Diego Chargers were found to be doing pretty much the same thing. Punishment? $25,000 fine.

    BOTH the Vikings AND Panthers were heating up footballs LAST SEASON during a game in Minnesota. While that could be considered an “honest mistake” – it was still against the rules in the same way San Diego’s situation was, and the Patriots’ situation in the AFC Championship game last year.

    If past punishments were applied equally, Brady and/or the Patriots’ organization should have been fined $25,000 and perhaps be assigned a league official for some period of time to oversee the footballs so nobody could do any doctoring.

    Brady might well BE guilty of deflating footballs. But the legal system isn’t and never should be about what people’s opinions are. In God We Trust – all others, send data. There simply wasn’t the “data” – ie. evidence – to prove Brady did anything. Just he said/she said.

    I think this whole saga is a symptom of the political correctness the country is currently suffering through one of the worst waves of in history. Brady has everything pretty much every man fantasizes about at some point – the Hollywood good looks, the supermodel wife, multiple millions of dollars, and worldwide fame. What better person to target to “make an example out of” than someone who has it all?

    Why didn’t we see Phillip Rivers going through the same deal when things happened in San Diego? Or Cam Newton or Teddy Bridgewater last year?

    Because the POLITICS weren’t there!

    Under Roger Goodell, politics have entered the league and control it more than ever. For example, if you’ll recall about 5 years ago, Rush Limbaugh wanted to puchase the Minnesota Vikings. He was never considered for “ownership” and in fact, Goodell made it into a joke and didn’t hide his disdain for the man’s politics. Apparently, you have to be a DNC contributor in order for consideration as an NFL owner these days and those mean, evil Republicans need not apply.

    The fact that this enters the equation at ALL tells me Goodell is a politician and little more. He’s all about the PR and VERY short on fairness. He only cares about perceptions, and not the facts. If you’ll recall, his initial reaction to Ray Rice was a 4-game suspension; maybe 2, I don’t recall, but I DO recall thinking about what Ray Rice did vs. Brady. Which one is worse? Goodell changed his tune at the time due to public outrage more than anything, and his harsh treatment of Brady, for what I consider a VERY MINOR rules infraction, is clearly politically-driven. Apparently, the court agreed. Now, Goodell has painted himself into a corner and somewhat neutered himself as now there’s supposed to be some sort of “group” forming to dole out punishment.

    What all this has told me is my years-long-held opinion of Roger Goodell is correct: He needs to go.

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