Is Kaepernick Unemployment Coincidence or Collusion? Courts to Decide

Whats the difference between an anomaly, a coincidence and a pattern? As the Earth revolves around its sun, which revolves around the center of the Milky Way, which itself revolves around the center of the universe, we see how the unseen tendrils of gravity inspire an eternal dance of motion that we can all witness simply by peering through a telescope directed at the night sky.

We can always find a proxy for human behavior and circumstances in the surrounding world.  I guess thats why astrology has always had such a powerful appeal to hundreds of millions of people throughout human history.  But, when you think about it, its not so far fetched to believe that we sentient beings, composed mostly of stardust with the exception of hydrogen, are still connected to the cosmos which formed us in some way.

The National Football Leagues owners have traditionally been wealthy, conservative-minded, older white males.  The game itself has always been recognized as something of a proxy for real world combat, with such terms blitz, air raid, offense and defense as eternal markers to this military mindset.

Additionally, football is perhaps the most physically dangerous of team sports.  So, when we take into account its military DNA, the inherent violence of a sport whose ownership is almost exclusively white, with 60 percent of its players being of African American descent, it is impossible to not place the current situation with free agent QB Colin Kaepernick into proper context.

Kap, who has not played since January 2017, has reportedly filed a grievance against the NFL alleging collusion.  According to a report from NBCs Pro Football Talk, Kaepernick is looking to trigger the termination of the current Collective Bargaining Agreement via lawsuit.

Good Morning America on Twitter

WATCH: Colin Kaepernick goes on the offense; QB accuses NFL owners of colluding to keep him off field:

Article 69, Section 2 of the CBA allows for the agreement to be terminated prematurely in the event of proof of collusion.  Under Article 17, Section 16 of the CBA, the agreement can be terminated from a single incident of collusion involving only one player if there is clear and convincing evidence of a violation.

Collusion is defined as secret or illegal cooperation or conspiracy, especially in order to cheat or deceive others.  The Shadow League has been lamenting the possibility of Colin Kaepernick being blackballed since his final season with the San Francisco 49ers ended.   

How does one prove collusion?  Could it be proving that Kaepernick was better than the overwhelming majority of the 23-plus free agents QB who were signed this offseason? Perhaps the words of the owners and GMs themselves can provide clues. 

Philadelphia Eagles owner Jeffrey Lurie has publicly admitted that Kaps stance was a deciding factor in him not being signed by Philly.  Baltimore Ravens owner Steve Bisciotti has admitted to not signing Kap because of the fans, New York Giants owner John Mara has basically said the same thing.  There have been other owners, like Jacksonville Jaguars owner Shahid Khan, who have said on record that theyd be interested in speaking with Colin only to be contradicted by another member of the staff.  In Khans instance, it was current GM Tom Coughlin that shot down any ideas about signing Kaepernick.

Is that enough to prove collusion? Im not certain.  Indeed, the Constitution protects free speech in America in theory.  However, the statutes that cover private corporations accused of employment discrimination due to political affiliation are murky.  Only four states/territories have laws against discrimination due to political activities or affiliation; California, New York, Washington DC and Puerto Rico. 

If successful, Kaepernicks lawsuit could move up the expiration of the CBA by three years and force owners back to the bargaining table.  Failure would be the death nail for Colin Kaepernicks future NFL aspirations.

Jeff Pearlman on Twitter

There’s this myth that @Kaepernick7 stunk last year. Simply not true. Eleven starts, 16 TDs, four INTs, minimal skill around him.

The racial breakdown of the NFLs owners, players and coaches juxtaposed next to the racial history and contemporary political atmosphere of America proves that the anomaly of Kaps protest cannot be separated from the coincidence of his going unsigned in favor of lesser talents. 

NFL owners own statements represent a pattern of deflection, hypocrisy and obvious collusion in the minds of many.  Now its up the court system to decide.  A court system that is indiscernible from the very system Colin Kaepernick is protesting for colluding to protect and absolve officers accused of killing unarmed citizens. 

A brother once told me that having absolute power means that you can change the rules at will, and even pick and choose which laws to enforce.  This is what Kap is up against.

In leveraging his power toward protest last season, Kaepernick has inspired a movement within the National Football League that has since spread worldwide, even forcing NFL owners into talks to incorporate social activism into the league’s wide tree of causes and philanthropic efforts.

A success to be certain. However, Kap wants a job, deserves a job, and is better than a great number of people who are currently performing his job.  The only difference is he protested and they didnt.  

Anomaly, a coincidence or a clear pattern?  Now its up for the court system to decide.

Back to top