Josh Gordon Won’t Sue the NFL and other Developments

We continue to do our best here at DPD to keep you up to date with all things Cleveland Browns. Until tomorrows game, and maybe after, Josh Gordon seems to hover over the team. At this point nothing will be surprising, because everything has been surprising at some level. The most recent surprising thing is that Gordon told ESPN (New Window) that he won’t sue the league:

"Banished Cleveland Browns receiver Josh Gordon says he has no plans to sue the NFL and is moving forward regardless of whether the league decides to revamp its drug-testing policy. “The whole being in limbo thing, I’m over it,” Gordon said Friday. “I’m not waiting on the edge of my seat anymore.”"

This is surprising as it seems like Gordon could have a case against the league. Whether that case is based around the low limits the NFL uses for testing, the discrepancy between his two tests or the lack of uniformity in enforcing the NFL’s rules. The current NFL/NFLPA negotiations related to HGH, performance enhancing substances and recreational drug use could also be used in a legal fight. It is those negotiations that could be the reason for Gordon’s decision not to sue. Could he have some behind closed doors information about what the NFLPA will make sure happens in those talks? Could he already know that he will be back on the field at some point in time this season?

There are some signs that Gordon might believe that to be true. Instead of returning home to Houston he has stayed in the Cleveland area. Most players leave their town of employment to return to their comfort zone of home during off-seasons. For Gordon it could be tough to live near Cleveland, be around all the fans and all of the talk about the Browns all while he is not able to play. Maybe he is just waiting around believing his return is inevitable. In the same ESPN article Gordon stated that he hasn’t smoked marijuana since entering the league:

"Asked by ESPN.com on Friday to identify the last time he smoked marijuana, Gordon said that it’s been a while. “I think it was before I got into the league,” he said. “I don’t know.” Asked why he checked himself into rehab if he doesn’t consider himself an addict, Gordon said, “Just to see. … To seek out some help on decision-making. Not drug use or drug abuse, but decision-making. Life skills. How to be your own person and stuff like that.”"

That he doesn’t know is interesting. If you haven’t done so in a few years it makes sense to not know exactly when was the last time. However with the amount of issues he has had with the substance it is somewhat surprising that he doesn’t have a general date. “I think it was before I got into the league” is very vague and opens him up for scrutiny. This writer is a professional counselor so the statements about seeking help at rehab makes some sense. Gordon may have been recommended by the team or his representatives to seek out rehab as a sign of his commitment. Reports are that he was not in rehab very long. That could be due to him not presenting with an active substance abuse problem (officially called “in remission”) or he could have just checked himself out. Either way on going, outpatient therapy seems like it would benefit Gordon in his decision making is a good idea.

Pro Football Talk (New Window) also reported that the delay in the Gordon ruling could have been involved with the league/players’ association negotiations:

"Per a league source, the NFL broached the idea of wiping out Browns receiver Josh Gordon’s one-season suspension while his appeal was pending, in exchange for a final agreement on HGH testing.  By raising the permissible level of marijuana metabolites from 15 ng/ml to the Olympic standard of 150 ng/ml under a new drug policy, Gordon’s most recent positive test actually would have been a negative.But the NFLPA resisted then, just as it’s apparently resisting now.  While the NFL surely hopes that the potential elimination of suspensions will prompt calls to the NFLPA from players and the teammates who want them to be available to play, the union seems disinclined to agree to a policy that doesn’t work as well as it could or should for all players."

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The NFLPA is not likely to put 1 or 2 players best interest in front of the rest of the players in the league. Yet it seems, like most things, Gordon and Wes Welker, among others, are being used as pawns in negotiations. If the two sides are able to come to an agreement, the games that Gordon serves could be considered as part of his punishment for the DUI/DWI that he got this summer. Browns players may make some calls to the NFLPA, Peyton Manning and other Broncos players might have even pull trying to get Welker back.

Either way the Gordon situation continues to be interesting. The conversation about fair and unfair is out the window. Instead it seems obvious that, while Gordon made some poor choices, that he, Welker and others will be used as negotiating points.

The Browns season predictions could change drastically with a Gordon return. Whether Gordon could have that big of an impact is another discussion.

What do you think about these new developments?