Hale Almand, Jr.: No lawyer is ever going to make a more embarrassing argument in court than I did with my ”We may not be able to make a university student out of him, but if we can teach him to read and write, maybe he can work at the post office rather than as a garbage man when he gets through with his athletic career.”
NCAA and SEC lawyers: Hold our beers, Junior.
… In repelling previous efforts by college athletes to gain recognition as employees under the FLSA, the NCAA emphasized case law (Vanskike v. Peters) indicating that while the 13th Amendment abolished slavery and involuntary servitude, there is a so-called “slavery loophole” for prisoners and, arguably, college athletes. The key question for the Third Circuit is whether Judge Padova applied the appropriate test in dismissing the NCAA’s motion to dismiss.
McDonald, while referencing a South Park episode that satirized the NCAA and member schools as slaveholders, finds it telling that a core defense against paying college athletes is the slavery loophole. “The fact the NCAA—and now SEC—actually rely upon legal precedent about the 13th Amendment slavery loophole to defend the exploitation of free Student Athlete labor shows, in this case, truth is stranger than fiction.”
And to think some of y’all believe all that plantation talk was over the top.