Don’t give up on Gordon just quite yet

Ok, the NFL upheld Josh Gordon’s one-year suspension for violating the substance abuse policy. This isn’t terribly surprising news – and it doesn’t mean you should necessarily give up on his 2014 season just quite yet.

Remember back in 2008 when the league tried to suspend Pat and Kevin Williams for taking a banned diuretic. They took their respective cases to the Minnesota Court of Appeals.

The state court of appeals declined to block the NFL suspensions because the diuretic in question does not fall under the state’s workplace drug-testing laws – but also noted in the decision, according to media reports, was that the NFL is subject to state law when testing for other drugs that are covered.

Kevin Williams eventually dropped his appeal and served a four-game suspension – but he was able to finish the season. Pat Williams took the issue to the state Supreme Court. He played 14 games in 2008, 15 in 2009 and all 16 in 2010 before the Supreme Court declined to hear the case – and he retired before any suspension could take effect.

So, anyway – legalese aside, I’m not sure what laws do and don’t apply to the Gordon case. But I do think this isn’t over. I was discussing the issue with John Vomhof Jr., our new colleague at Zoneblitz, and he believes the Gordon team’s approach all along means they plan to fight this beyond the auspices of the NFL offices.

And, indeed, Gordon a month ago did hire Maurice Suh, an attorney who helped Seattle DB Richard Sherman fight a contested positive drug test. Tweets are already are being posted indicating that this sets the stage for a fight against the NFL’s overall drug Breer tweetpolicy – Albert Breer cites sources saying “Gordon’s camp will look into other alternatives.”

Even the wording of a Gordon statement, via CBSSports.com, includes this line: “I am very disappointed that the NFL and its hearing office didn’t exercise better discretion and judgment in my case.”

This doesn’t sound like someone throwing in the towel. Gordon might not be the brightest bulb on the tree and even if his second-hand smoke argument is true, his judgment was still questionable. But his legal team doesn’t sound stupid.

So … I’m certainly not an expert on the collective bargaining agreement and how it governs situations like this. But stranger things have happened – witness the injunction received by the Vikings’ two Williams a few years back and the amount of time it took that fight to play out.

From a fantasy standpoint? I would say don’t draft Gordon early. Maybe don’t draft him at all. But if you are in a keeper league and you’ve already committed to having him on your roster, I’m not sure you should cut bait just yet. And if you are in a redraft league … maybe if you have all your other needs filled in the 14th or 15th round … just maybe take a flier on Gordon and hold onto him for a few weeks. If he ends up sidelined all year, you can easily cut bait in a couple weeks. And if he somehow fights this further and wins?

You’ll be laughing all the way to the bank come late December.